Yurisdiksi Jurnal Wacana Hukum dan Sains最新文献

{"title":"Implementation of Disciplinary Penalties For Conditioners Who Violate The Rule of Order In Class I Penalty Institution In Surabaya","authors":"None Lucky Dwikinanda Winduastiko, None Asep Heri","doi":"10.55173/yurisdiksi.v19i2.204","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v19i2.204","url":null,"abstract":"The implementation of disciplinary punishment for convicts who violate the order is based on Minister of Law and Human Rights Regulation No. 6 of 2013 concerning Rules of Correctional Institutions and State Detention Houses in Relation to Convict Development (Studies in Class I Correctional Institutions in Surabaya). The approach method used in this research is a juridical-sociological approach. From the results of this thesis research it is concluded that Administrative Sanctions for Correctional Families violate Article 4 of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 6 of 2013, namely violations in the form of minor violations, moderate violations and serious violations. Applied to all Correctional Inmates in Correctional Institutions, with the aim of disciplinary punishment as a form of administrative sanction to improve and educate Correctional Inmates who commit disciplinary violations. Law enforcement is needed in handling violations of disciplinary regulations for Correctional Families. In practice, the procedures for implementing administrative sanctions for inmates of corrective correctional centers are focused on correctional officers who must be obliged to re-examine inmates in accordance with the flow of the mechanism for disciplinary violations, with the aim of finding out the violations that have been committed. In this case, the sense of justice and security in the correctional cell takes precedence. If a prisoner has committed an offense before, then the officer will provide appropriate sanctions and of course the sanctions given will be heavier than the disciplinary punishment ever imposed on him, but only only one sentence.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136113804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Disharmonization of the Implementation of Specific Organizational Units at Regional General Hospitals with Regional Public Service Agency Hospital Management","authors":"Arif Rahman Nurdianto, None Asmuni","doi":"10.55173/yurisdiksi.v19i2.182","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v19i2.182","url":null,"abstract":"The implementation of the Special Organizational Unit (UOBK) is still not in accordance with the governance of the BLUD system, reinventing government, the principles of simplification of the bureaucracy, and good government. Based on the authority theory, the UOBK RSUD director must be responsible for, and coordinate with the Kadinkes for all implementation, services, finances, or staffing, this is done because the Kadinkes is the direct supervisor or SKP who is responsible to the Regent. In addition, the director is a budget user power (KPA) who is given some authority by the Kadinkes as the budget user (PA). From the point of view of State Administrative Law and BLUD, Article 1 of Law No.1/2004 concerning the State Treasury and Government Regulation (PP) No. 23 of 2005 and the revision of the Hospital Law No. 44 of 2009 has been implemented by the hospital, namely that it must become a BLU so that it can make the hospital professional, transparent, accountable and implement entrepreneurship in public services. In terms of good governance, operational guidelines must be formed so that the implementation of Article 3 of Law Number 25 of 2009 concerning public services is the realization of clear boundaries and relationships regarding the rights, responsibilities, obligations, and authorities of all parties related to the provision of public services at UOBK BLUD RSUD must go according to the General Asan Principles of Good Governance. For this reason, it is necessary to implement a whole government between the Ministry of State Civil Apparatus Empowerment and Bureaucratic Reform, the Ministry of Home Affairs, the Ministry of Health, and the State Civil Service Agency as the leading sector in the Bureaucratic Trimming Policy in PP 72 of 2019.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135902090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Juridical Reviewlegal Protection of Employees Subject To Termination","authors":"None Kiko Chandra Dwiwardana, None Mohammad Roesli, None Bastianto Nugroho","doi":"10.55173/yurisdiksi.v19i2.199","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v19i2.199","url":null,"abstract":"The purpose of this research is to find out the legal arrangements for termination of employment (PHK) according to Law no. 11 of 2020 Concerning Job Creation. This research uses the method The type of research in this study is normative juridical law research, namely research based on literature studies which includes primary legal materials and secondary legal materials. As a result, a worker is given protection or a job loss guarantee in accordance with Article 28D paragraph (1) of the 1945 Constitution. This job loss guarantee is also regulated in the Regulation of the Minister of Manpower of the Republic of Indonesia number 15 of 2021 where it states that Job Loss Benefit is social security given to workers who experience layoffs in the form of cash benefits, access to job market information, and job training. The protection given to workers aims to achieve the rights that workers will receive. And this can be a reference for workers if one day they lose their jobs. And the reason why workers are given protection is to minimize the unemployment rate that occurs in Indonesia. If a company/employer wants to terminate their employment relationship with workers, the impact on the company is that the company must provide severance pay, compensation for years of service, and compensation for rights to workers in accordance with applicable laws and regulations.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135902089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Problems of State Civil Apparatus Governance Centralistic In Law No. 5 of 2015 Concerning State Civil Apparatus","authors":"None Ahmad Azharil, None Daly Erni","doi":"10.55173/yurisdiksi.v19i2.187","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v19i2.187","url":null,"abstract":"The existence and role of state civil apparatus in the field of public services has a strategic position if without the role of state civil apparatus,the state's obligation to serve its citizens will not be carried out. The problems faced in the implementation of public services include the organizational management system that has not been maximized, the occurrence of disciplinary violations committed by state civil apparatus, poor performance, poor quality of public services provided, a lot of overlapping state civil apparatus, not maximally provided by the state, and Often there is the implementation of tasks that are not in accordance with their duties and responsibilities. At this time, the election of regional heads is a source of problems for mutations on a large scale, usually the elected regional heads make changes in the form of changing and decreasing positions to changing the workplace of an state civil apparatus. Then how is the governance of the state civil apparatus centralized and how is the merit system in managing the state civil apparatus. The research method used in this study uses qualitative methods, namely a research method by means of interviews, observation, documentation in collecting data, then on the data that has been found a data analysis will be carried out. According to the Indonesia State Civil Apparatus Act Law, the state civil apparatus recruitment system in Indonesia is inappropriate for regional head officials to transfer state civil apparatus for political reasons, based on proximity and others. If the regional head transfers his state civil apparatus without paying attention to the regulatory aspects, then a regional head has violated the law. The implementation of state civil apparatus governance in Indonesia is currently regulated by many rules, so that the legal rules for state civil apparatus governance support strongly. However, in terms of substance there are still many problems. There are so many rules that are not considered by regional head officials in transferring or promoting state civil apparatus.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135902091","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Cancellation of A Defective Deed of Grant By Law Because The Object Granted Was Not Made Before A Notary/PPAT","authors":"None Jessica Sim, None Sri Laksmi Anindita","doi":"10.55173/yurisdiksi.v19i2.200","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v19i2.200","url":null,"abstract":"This research analyzes the cancellation of a gift deed which is legally flawed because the object being gifted was not made before a Notary/PPAT in the case study of the Kupang District Court decision number 298/PDT.G/2021/PN KPG. One way for someone to legally transfer their rights is by gift by making a gift deed before a Notary/PPAT. If the object being donated is land, then the grant transfer process must be carried out through PPAT. In this case, the Notary/PPAT concerned did not read and sign the deed which should have been carried out in the presence of the presenters and witnesses at the same time so that the deed did not become legally defective. This research uses normative juridical research methods that are analytical descriptive with secondary data. The legal materials used in this research are divided into three, namely primary legal sources consisting of civil law books, secondary legal sources consisting of law journals and tertiary legal sources consisting of legal dictionaries. The data analysis method used in this research is qualitative, namely the data is arranged in the form of a narrative. The deed of gift made by a Notary/PPAT is legally flawed which causes the deed to be null and void. The Notary/PPAT's actions can be held accountable administratively and civilly with sanctions in the form of a written warning and compensation.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135902232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Urgency of Regulation of Business Judgment Rule As A Reason For Criminal Deletion In Criminal Acts of Corruption","authors":"None Tohom Hasiholan, None Abdul Madjid, None Nurini Aprilianda, None Adi Kusumaningrum","doi":"10.55173/yurisdiksi.v19i2.186","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v19i2.186","url":null,"abstract":"State-Owned Enterprises are business entities whose capital is wholly or substantially owned by the state through direct participation originating from separated state assets. The Board of Directors is responsible for the business activities of the company as stipulated in Article 97 paragraph (1) of the Limited Liability Company Law, so that any decisions cannot be taken without taking into account the elements of prudence and applicable regulations. The purpose of establishing BUMN is to pursue profits, while in making decisions BUMN directors are often faced with decisions that are fraught with the risk of loss or bankruptcy so that a legal umbrella is needed for BUMN directors to relieve the responsibility borne by directors or what is known as the Business Judgment Rule. This study aims to determine the urgency of setting the Business Judgment Rule as a reason for eliminating criminal acts of corruption and this research uses juridical research methods. The research method uses normative juridical research with two approaches, namely the statute approach and case approach. Business decisions that are protected by the principles of the Business Judgment Rule are business decisions taken based on good faith and the principle of prudence. The existence of this principle will make the directors have no doubts in making business decisions because the principle of the Business Judgment Rule is an excuse if in the future there are things that must be accounted for by the directors.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135902094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Settlement of Disputes over Rice Field Land Ownership Rights Due to Unauthorized buying and selling","authors":"None Wahyu Prawesthi, None Mohammad Dwi Febriyanto, Fajar Rachmad Dwi Miarsa","doi":"10.55173/yurisdiksi.v19i2.190","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v19i2.190","url":null,"abstract":"Rice field land is a general term such as forest land, plantation land and so on. All kinds of soil can be cultivated as long as it has sufficient water availability. Problems with land are quite serious. So that handling must also be done seriously. Both through prefective means, namely by providing understanding by related devices or institutions and by repressive means or resolution due to disputes. In this way, it is hoped that the community can understand the validity of buying and selling land and its settlement. So that rice field land disputes due to buying and selling do not have an impact on agricultural activities. This study uses a type of normative juridical legal research, namely legal research conducted by examining primary legal materials in the form of laws and regulations and secondary legal materials or legal materials in the form of supporting library materials for primary legal materials. The buying and selling process is legally valid if material conditions are met. In relation to the rules governing the authority and competence of the parties, as well as the fulfillment of conditions by the buyer to become the holder of the right to the purchased land. The validity of buying and selling paddy fields is the same as buying and selling land in general. The sale and purchase of paddy fields is canceled if it can cause a reduction in the minimum limit of agricultural land ownership. Dispute resolution can be done through litigation and non-litigation resolution. The advantage obtained when using litigation settlement is that it has definite legal force and is final.
","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135902231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection for Online Loan Business Actors Regarding personal data","authors":"Bonaventure Kevin, Gunawan, Jurnal Wacana, Hukum Dan, Sains, Universitas Merdeka Surabaya","doi":"10.55173/yurisdiksi.v19i1.176","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v19i1.176","url":null,"abstract":"The purpose of this research is to find out whether the personal data protection law gives legal certainty to online loan business actors. The research method used is to use a normative approach and Law no. 27 of 2022 and the theory of legal certainty. From the research results of Law no. 27 of 2022 concerning Protection of Personal Data does not provide legal certainty for Online Loan business actors, Protection of Personal Data concerns online loan entrepreneurs to carry outannouncing data on its customers has increased, while an increase in online lending customers equals an increase in problems in billing stubborn creditors. Loan entrepreneurs certainly won't do billing by themselves and definitely need help from various sourcesoutsourcing which will spread the data of its customers, because many consumers will let go of responsibility and run away from the city or even the country.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84577036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection For Outsourcing Workers Based On Perpu No. 2 of 2022 Concerning Employment Creation","authors":"Simon Andrean Sudarso, Miftakhul Huda","doi":"10.55173/yurisdiksi.v19i1.181","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v19i1.181","url":null,"abstract":"Today, many companies use outsourcing workers to support their operations. Of course, these outsourced workers expect legal protection that guarantees their rights. At the end of 2022, the government issued Perpu No. 2 of 2022 concerning Job Creation. In this regard, this research examines the Legal Protection for Outsourcing Workers based on Perpu No. 2 of 2022 concerning Job Creation and the Legal Consequences of Outsourcing Companies That Do Not Meet Applicable Legal Provisions. This research concludes that the form of protection for outsourced workers is contained in Article 81 number 20 of Perpu Number 2 of 2022 concerning Job Creation. Outsourced workers also receive legal protection through the TUPE Principle (Transfer of Undertaking Protection of Employment) and there are legal consequences if the outsourcing company does not comply with applicable legal provisions. The outsourcing company may be subject to criminal and administrative sanctions.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85030982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Individual Company Bankruptcy Based On The Bankruptcy Law","authors":"Mochamad Cholil, Ni Made Yordha Ayu Astiti, Maghfirah Aliefia, Zakia Fhadillah","doi":"10.55173/yurisdiksi.v19i1.183","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v19i1.183","url":null,"abstract":"After the promulgation of Law Number 11 of 2020 Concerning Job Creation, it has been made possible to form a new legal entity, namely an Individual Company. These changes are referred to in the provisions of Article 109 of the Job Creation Law, which contains several changes to Law Number 40 of 2007 concerning Limited Liability Companies. The government also contains further regulations regarding the existence of an individual company as a legal entity in Government Regulation Number 8 of 2021 concerning Company Authorized Capital and Registration of the Establishment, Amendment and Dissolution of Companies that Meet the Criteria for Micro and Small Enterprises. However, the presence of Government Regulation Number 8 of 2021 does not comprehensively regulate several existing legal issues. Therefore, this research was conducted to analyze the problem. Issues related to whether or not individual companies can apply for bankruptcy at the Commercial Court. If this is possible, the creditor as referred to in the provisions of Article 2 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Debt Payment can naturally become a party involved in a bankruptcy case filed against an Individual Company. This type of research is legal research using statutory and conceptual approaches. The results of this study indicate that an individual company is not necessarily easy to apply for bankruptcy, It is hoped that the existence of an individual company will be able to drive the movement of the economy. Thus, although it is possible to apply for bankruptcy against an individual company, to resolve problems related to general confiscations, a civil lawsuit should be filed in the District Court.\u0000 ","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78345008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}