Yurisdiksi Jurnal Wacana Hukum dan Sains最新文献

{"title":"The Legal Status of An Individual Company Based On The Copyright Law","authors":"Linda Setiawati, Tutiek Retnowati","doi":"10.55173/yurisdiksi.v18i2.128","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i2.128","url":null,"abstract":"One of the relatively dominant business entities in economic activity is the type of business entity in the form of a Limited Liability Company. In the case of sustainable development, one of the establishments of a PT which is establishment of a PT is at least 2 (two) people as stated in Article 7 paragraph (1) of the PT Law. It becomes a problem when a PT arrangement can be establishment by one person and then how is the responsibility for shareholders as in an individual company in the mandate of the Job Creation Act. The formulation of the problem proposed by the author is the legal ratio of individua in the Job Creation Act and the legality of the establishment of a limit liability company. The reseatch conducted by the author uses normative legal research using a staturory approach and a conceptual approach ana historical approach. The result of the discussion area ratio legis the birth pf Company individuals in Indonesia is to provide convenience for the development of micro and small business activities to run their business in the form of a leal entity and the establishment of an individual company in Indonesia is legal and legal if all the procedures for establishment are in accordance with those stipulated in Goverment Regulation 9 of 2021 concering the authorized capital of the company and registration the establishment, amandment, and dissolution of a company that meets criteria for micro and small businesses.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81054522","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":"Application of The Principle of Good Faith In Selling Disputes of Selling Buying Using Pre Project Selling","authors":"Moh. Saleh, Rochmad Bayu Setyo Waluyo","doi":"10.55173/yurisdiksi.v18i2.143","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i2.143","url":null,"abstract":"Selling and buying land is a legal act that gives birth to rights and obligations for sellers and buyers. In carrying out the sale and purchase of land, it is mandatory to be guided by the legal provisions regarding the legal procedures to be followed, and must prioritize the principle of good faith in the bargaining stage up to the payment and sale and purchase agreement. In practice, lawsuits are often found on the attitude of one party that does not reflect the principle of good faith in buying and selling, of course this is against the rule of law and can be detrimental to other parties. This research is expected to be a means for legal scholars to understand the context of the land sale and purchase agreement. This research method used a normative juridical method with a conceptual approach, legislation and a case approach. The conclusion of this study is that in making an agreement, it is necessary to pay attention to fulfilling the elements of Article 1230 BW in the form of a valid condition of an agreement, as well as prioritizing the principle of good faith as the basis for making a land sale and purchase agreement, it should be done before the PPAT, if the land has not been certified, it can be done before the village head. . The process of buying and selling land in accordance with procedures and without any elements of forgery will reduce the level of legal risk in the future, besides the benefits of using the principle of good faith for the buyer, namely the rights of the buyer which are protected by law.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"97 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80629871","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":"Prosecution of Traffic Violators According to Law Number 22 Year 2009","authors":"Moch. Mufied Al'an, M. Hidayat","doi":"10.55173/yurisdiksi.v18i2.145","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i2.145","url":null,"abstract":"The 1945 Constitution of the Republic of Indonesia has mandated in article 1 paragraph (3) that our country is a state of law, so let it be law as its commander, especially in an era of democracy that craves law as its main pillar. The purpose of this study is to provide action to traffic offenders. The research method used is normative juridical law research, which is research based on literature study which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the research on the value of our legal awareness penetrate into the conscience and become the needs of every individual, of course in order to anticipate the low value of legal awareness, the government through institutions in charge of law must proactively improve the legal education system for citizens (department of justice through the Pos Komalu program, state police). Republic of Indonesia through awareness programs for security and public order and others), it is hoped that the value of legal awareness of citizens will increase so that they know and understand that if there are legal problems that befall them, they can exercise their rights before the law, especially regarding the issue of Law no. 22 of 2009 concerning road traffic and transportation.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85857088","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 Analysis Comparison of Electronic Civil Code The Role of the Land","authors":"Frans Thiodoris, Mohammad Roesli, Adies Kadir","doi":"10.55173/yurisdiksi.v18i2.137","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i2.137","url":null,"abstract":"\u0000Didalam praktek electronic commerce dan KUH Perdata, Perjanjian jual beli diatur dalam Pasal 1457-1540 KUH Perdata. Dalam Pasal 1457 KUH Perdata pengertian jual beli adalah suatu persetujuan yang mengikat pihak penjual berjanji menyerahkan sesuatu barang/benda (zaak), dan pihak lain yang bertindak sebagai pembeli mengikat diri berjanji untuk membayar harga Jual beli termasuk dalam kelompok perjanjian bernama, artinya Undang-undang telah memberikan nama tersendiri dan memberikan pengaturan secara khusus terhadap perjanjian ini. Pengaturan perjanjian Bernama dapat diatur dalam KUH Perdata maupun Kitab Undang-undang Hukum Dagang. Adapun cara bertransaksi dalam KUH Perdata unsur pokok dalam perjanjian jual beli adalah barang dan harga, dimana antara penjual dan pembeli harus ada kata sepakat tentang harga dan benda yang menjadi objek jual beli. Suatu perjanjian jual beli yang sah lahir apabila kedua belah pihak telah setuju tentang harga dan barang. Sifat konsensual dari perjanjian jual beli tersebut ditegaskan dalam Pasal 1458 KUH Perdata. \u0000","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"82 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86847392","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":"Law Enforcement Against Street Crimes During a Pandemic That Occurred In Sidoarjo","authors":"Agung Kurniawan, Bastianto Nugroho","doi":"10.55173/yurisdiksi.v18i2.141","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i2.141","url":null,"abstract":"The purpose of this research is Law Enforcement Efforts Against Street Crime Period in Sidoarjo. The research method used is a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. The results of the research In carrying out the prevention of street crime, the Sidoarjo City Police made several efforts, namely with Preventive Efforts and Repressive Efforts. The efforts to overcome street crime are carried out by carrying out patrols carried out by the police, the establishment of Tangguh village posts spread across almost all areas from the RT, RW and Village levels, empowerment of Bhabinkamtibmas, involvement of elements related to handling the pandemic (TNI, Regional Government, BPBD), carry out operations to control the completeness of motorized vehicles, with the application the community can easily communicate with the police, and also the police give mandate to the community if a crime occurs so that they can immediately report it to the authorities. And there are also obstacles What is often encountered by the Sidoarjo City Police is that the public does not understand the dangers of the Covid 19 pandemic and its impact on the increase in crime, by ignoring health protocols and decreasing the level of vigilance for the occurrence of crime. The public's rejection of the efforts / policies taken by the government related to the handling of the Covid 19 Pandemic on the grounds that these policies limit the space for people to find sustenance, as well as the limited number of personnel and finances for the deployment of a humanitarian operation. ","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90057351","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":"Authority of The Notary Honorary Assembly In Construction And Issuance of Recommendations For Inspector Calls","authors":"Moh. Saleh, Dyah Chandra Kirana","doi":"10.55173/yurisdiksi.v18i2.136","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i2.136","url":null,"abstract":"Notaries are public officials appointed by the Government to assist the public in making authentic deeds for civil acts. A position held by a notary has the characteristics that have been regulated in the Law on the Position of a Notary and its Amendments. Notaries are not necessarily immune from the law, it may be possible for him to become a suspect if he fulfills elements and can be prosecuted civilly if he makes a mistake. In the event that the investigator will conduct an investigation of the notary, he will first apply for permission in writing to the regional honorary assembly, which will then be carried out with procedural law procedures in accordance with the Law on Notary Positions. It has been found a case of state administrative law relating to the issuance of a letter of recommendation issued by the honorary assembly of the notary area to be investigated in this legal research. The purpose of this legal research is none other than as a means of increasing knowledge in the field of state administrative law and notary science which is expected to be useful for notaries and legal practitioners. This research is normative legal research using a conceptual approach, legislation and a case approach (referring to a decision that has permanent legal force). The results of this study are: In the framework of the function of supervising the position of a notary, an honorary assembly was formed consisting of elements of the notary, government, and academics. The authority of the honorary assembly is the attribution authority which is an authority born from law. The main task of the notary honorary council is to carry out the guidance of a notary and the obligation to give approval or rejection for the purposes of the investigation and judicial process, for taking a photocopy of the minutes of the deed and summoning a notary to attend an examination related to the notary deed or protocol that is in the notary's storage. The legal product issued by the Honorary Council is in the form of a letter of recommendation containing the rejection or approval of the summons of a notary for the purposes of the investigation and judicial process, for taking a photocopy of the minutes of the deed and summoning a notary to attend an examination related to the deed or Notary Protocol which is in the Notary's custody. The legal product is an act of determination that gives birth to a State administrative decision in accordance with the regulations and the AUPB. That the honorary assembly did not immediately give permission for summons, but first a meeting was held with the notary concerned to hear his statement.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82130028","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":"Efforts to Settle Disputes on Employee Severance Pay in Companies According to the Manpower Act No. 13 of 2003","authors":"Dela Ayu Septia Monica, Sri Anggraini Kusuma Dewi, Gesang Iswahyudi","doi":"10.55173/yurisdiksi.v18i2.146","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i2.146","url":null,"abstract":"Disputes or disputes can occur in every human relationship, even considering that legal subjects have long known legal entities, the more parties involved in them. The purpose of this study is to resolve disputes regarding severance pay between workers, laborers and employers. Research Methods The used by the author in conducting this research is using a sociological empirical method. The empirical sociological method is a research that views law as a social phenomenon. Meanwhile, from its nature, this research is a descriptive analysis research. Descriptive method can be interpreted as a problem solving process that is investigated by describing or describing the state of the subject or object of the researcher, namely: a person, institution, community and others, and at the present time based on the facts that appear or as they are. Results According to Article 1 point 16 of Law Number 13 of 2003 concerning Manpower, industrial relations are a system of relations formed between actors in the process of producing goods and/or services consisting of elements of entrepreneurs, workers/laborers, and the government based on values. values ​​of Pancasila and the 1945 Constitution of the Republic of Indonesia. Thus, industrial relations are defined as the relationship between all parties with an interest in the process of producing goods or services in a company. The party with the most interest in the success of the company and in direct daily contact is the entrepreneur or the management with the workers/labourers.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82925212","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 Victims of Traffic Accidents Due to Against The Law","authors":"Rafi Hidayahtullah Pakaya, Tutiek Retnowati","doi":"10.55173/yurisdiksi.v18i1.127","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i1.127","url":null,"abstract":"The occurrence of a traffic accident is an act against the law that can result in harm to other people, violators can be sentenced in the form of payment of compensation either materially or immaterially to the victim and their heirs. According to Article 1365 of the Civil Code states \"every act that violates the law, which results in harm to others. It is obligatory for people who because of their actions to publish losses, are obliged to compensate for these losses\", further article 1366 of the Civil Code states that \"everyone is required to be responsible not only for losses caused by his actions, but for losses caused by negligence or lack of caution.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"48 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86802841","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":"Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018","authors":"Mohammad Saleh, Susakti Wibowo, Reinhard Yeremia","doi":"10.55173/yurisdiksi.v18i1.132","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i1.132","url":null,"abstract":"Research with the topic of Strength and Guarantee of Legal Certainty of Certificates as Written Evidence after the issuance of Ministerial Regulation No. ATR. 6 of 2018, referring to the principle of publicity which is used to test the strength of proof of certificates, namely strong or not strong and absolute or not absolute, there is a ambiguity between land registration based on PP. 24 of 1997 according to Article 26 paragraph (1) PP No. 24 of 1997, notification to the public for 60 (sixty) days and the principle of publicity Article 11 paragraph (1) Permen ATR No. 6 of 2018 for 14 (fourteen) working days. The matter at issue is related to the strength and guarantee of legal certainty for the certificate as written evidence. Research using the approach to legislation and a concept approach obtained a conclusion, that: The principle of publicity in PP no. 24 of 1997 for a period of 60 working days and Permen ATR No. 6 of 2018 for 14 working days, both have not guaranteed legal certainty because the publications used are negative leading to positive, where the registrant is considered the owner and other parties can still file a cancellation lawsuit as long as they can prove that the registrant registered the land in bad faith.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76386914","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":"The Imposition of Sanctions For Delay Reporting of A Will Deed To The Center For The Will List","authors":"Alex Siswanto","doi":"10.55173/yurisdiksi.v18i1.130","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i1.130","url":null,"abstract":"Humans from birth are destined to have property attached to themselves to be used as a means of carrying out life. These assets can be traded, donated, pledged, or even given to the heirs when he dies. A person may make a will before a notary as a general official who can record the final will of the testator and keep the will and report it to the register of the will center. The main purpose of making a will is related to the distribution of the property of the testator to the beneficiary so that there will be no disputes regarding inheritance in the future. In making a will, the notary plays a very important role from pre-making to the opening of the will before the heirs or testament. However, sometimes a notary can be negligent of the provisions of reporting each month to the list of will centers. This study examines the concept of a will more deeply, and how the notary's responsibility for negligence in registering a will with a will center register. The formulation of the problem in this legal research is the concept of a will and the role of a notary in storing and reporting to the center of the will list, the second problem formulation is the provision of sanctions against a notary who is negligent in reporting a will to the center of the will register. The conclusion in this study is that a will is a form of legal action carried out by the heir regarding the final will which in this case is assisted by a notary as a public official who is authorized to assist the process of issuing a will and keeping a will, as well as other obligations attached to reporting to list of will centers regarding the presence or absence of a will. The legal consequences for a notary who are negligent in reporting the presence or absence of a will in the central will list system, the notary must be responsible and accountable for his actions. With regard to the type of sanctions, that in PERMENKUMHAM No. 60 of 2016 does not clearly regulate what sanctions are given to a notary if he is negligent in carrying out his duties, therefore the inherent sanctions refer to the provisions of the Notary Position Act and may be subject to civil sanctions","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87736208","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}