YURISDIKSI : Jurnal Wacana Hukum dan Sains
ISSN : 20866852     EISSN : 25985892
Articles
18
Articles
Legal Protection of Employees of PT Askes Which Was Transfered By Legal Relationship Becoming Health BPJS Employees

admin, admin, Habibi, Muhammad

YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 12 No 1 (2018): September 2018
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

The background of this research is the existence of a legal vacuum due to not regulating the transfer of legal relations of employees. PT ASKES (Persero) becomes an employee of BPJS Kesehatan (a public legal entity) in Law Number 24 of 2011 concerning the Social Security Organizing Body and its implementing regulations and the absence of provisions. which regulates public legal entities. This study uses normative juridical research with the method of legislation approach and grammatical interpretation techniques and systematic interpretation to analyze primary, secondary and tertiary legal materials. The results showed that the legal relationship born after the employees of PT ASKES became employees of BPJS Kesehatan was an employment relationship according to Law Number 13 of 2003 concerning Manpower so that its legal protection other than through work agreements and directors' regulations was also through Law Number 13 of 2003 concerning Manpower Law Number 24 of 2011 concerning the Social Security Organizing Body.

Accountability of Criminal Actors Terrorism Funding

admin, admin, Nugroho, Bastianto, Roesli, M., Yustianti, Surti

YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 12 No 1 (2018): September 2018
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

The word terrorist and terrorism comes from the Latin word terrere which means more or less shaking or vibrating. The word terror can also cause horror. Of course, the horror of the victim's heart and mind. Furthermore, the term terrorism is a concept that has a sensitive connotation because terrorism causes the killing and misery of innocent people. However, until now there is no definition that can be universally accepted. Understanding terrorism for the first time discussed in the European Convention on the Suppression of Terrorism (ECST) in Europe in 1977 there was an expansion of the meaning paradigm from Crimes Against State to Crimes Against Humanity. Crimes Againts Humanity includes criminal acts to create a situation that results in individuals, groups and the general public in an atmosphere of terror. The association of terrorism with the issue of human rights violations, because of the consequences of terrorism, many of the interests of mankind are sacrificed, innocent people are made the cost of savagery and peace of life between human beings is clearly at stake. In this case there is a religious social community that introduces forms of religious implementation as a struggle strategy. The writing of this article is normative by tracing and systematically reviewing the laws and regulations associated with the criminal responsibility of financing terrorism, as well as the opinions of experts from various literature both books, articles and other freelance related to criminal law.

Authorities of The Corruption Eradication Commission to Make Demands On Money Laundering Actions. (Study at the Corruption Eradication Commission and Central Jakarta Corruption

admin, admin, Arfian, Ilham

YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 12 No 1 (2018): September 2018
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

In this thesis, writer raised the theme based on many of the Crime of Money Laudering which often occurred in Indonesia but there is no regulation that regulated clearly about the Authority of Corruption Eradication Commission to prosecution the Crime of Money Laundering. The writer of this thesis using method of sociological approach and type or research is empirical judicial. Legal materials primer analyzed using analysis technique descriptive and secondary legal material using a technique content analysis. As a population that are Corruption Eradication Commission staff and Corruption Crimes Court. Technique arranging primary data is interview and the secondary data using documentary and inventory. From the result with that method, writer receive the answer from the issue which based on Act of Corruption Eradication Commission has right to conducting the prosecution on Crime of Money Laundering because the predicate crime from money laundering is a corruption and based on Act of Crime of Money Laundering not mention or regulate about the authority of prosecution on Money Laundering but based on Criminal Court terms said that simple, fast and cheap court so Corruption Eradication Commission may be conducting about prosecution.

Juridical Study On The Competence of Religion Courts In Completing Syariah Banking Disputes Based On Article 55 Law Number 21 of 2008 Concerning Banking Syari'ah

admin, admin, Hidayat, M., Kurnia, Sinarianda

YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 12 No 1 (2018): September 2018
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

If we want to respect Law No. 3 of 2006 concerning Religious Courts, give full competence in sharia banking disputes to the Religious Courts. Including the issue of mortgages (guarantees, red) and their execution, "the trial of Article 55 paragraph (2) and (3) Law No. 21 of 2008 concerning Islamic Banking. Sharia Economics Expert Muhammad Syafii Antonio believes that the settlement of Islamic banking disputes should be the full authority of the Religious Courts. This is to ensure that the religious court's verdicts are truly in accordance with sharia law based on Law No. 3 of 2006, the Religious Courts have been given the authority to adjudicate issues of sharia economics, banking, finance and insurance based on sharia law.

Implementation of Building Construction Prohibition In Watershed (Case Study on Brantas Watershed in Soekarno-Hatta Area, Malang)

admin, admin, Wijaya, Vega Alif

YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 12 No 1 (2018): September 2018
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

The objective of research was aims to find, analyze and understand the policy implementation of the ban on construction of building in watershed (DAS Brantas Case Study on Region Soekarno-Hatta Malang). The legal analysis is focused in finding the limiting factors in the enforcement of the ban on construction of the building in the watershed, the legal consequences of the construction of the building in the watershed area and the efforts to enforce the provisions on the prohibition of building in the watershed. The journal is prepared by the method of empirical juridical approach sociological jurisdiction. Based on the survey results revealed that basically factors which hinder the enforcement of the ban on construction of the building in the watershed occurs because Due to the lack of public awareness regarding the building was required to have a permit, factors of weak local economy, the law enforcement officers who are not firmly against the demolition in the area of ​​watershed Brantas also because of the buildings that have stood prior to Regulation No. 1 Year 2012 Malang. The legal consequences of the construction of the building in the watershed area, namely a written warning and a call to the offenders concerned. While efforts to enforce the provisions of the ban on building in the watershed of them with socialization related rules and if there is a violation, the violator will be called to give advance warning letter, if it is still in violation will be given sanction by misdemeanor.

Abortion Conducted by Rape victims

admin, admin, ,, Hermawan, Syafi’i, Ahmad

YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 12 No 1 (2018): September 2018
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

Law No. 36 of 2009 concerning Health states regulations that allow a person to have an abortion with two conditions, namely: indication of medical emergencies and pregnancy due to rape that can cause psychological trauma for rape victims. The highlight of the decriminalization of abortion is Article 75 of Law No. 36 of 2009 concerning Health, that basically abortion is prohibited, but there are exceptions, one of which is if the pregnancy is due to rape which can cause psychological trauma for rape victims.

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 1 (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 1 (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 1 (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 1 (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);