Yurisdiksi Jurnal Wacana Hukum dan Sains最新文献

{"title":"Polemic of Involvement of Notaries As Suspects Based On Article 263 of The Criminal Law Book","authors":"Devi Andiya Fidiyanti, Khunsul Yaqin","doi":"10.55173/yurisdiksi.v17i4.115","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v17i4.115","url":null,"abstract":"Purpose of this study is to analyze the criminal liability given to a Notary when he is also a suspect for his duties and authority to make an authentic deed. Second, to analyze the definition of the Notary Position and its duties and authorities. This research uses normative legal research methods. This study concludes: The criminal liability given to a Notary when he is also a suspect and is burdened with Article 263 of the Criminal Code for his duties and authorities to make an authentic deed is very detrimental to the Notary concerned, thus the Notary must have integrity, be smart and adhere to the code ethics and regulations for the position of a notary in carrying out his position. The making of a Notary deed still pays attention to every important point, which is allowed by the laws and regulations, and which is prohibited. Notaries are public officials who have the task and authority to make authentic deeds, in which there is the will of the parties. Then the position of a Notary and its duties and authorities are very much needed for the people of Indonesia, so what has been given by this law must be carried out as well as possible. good by the Notary, so as not to make the Notary a suspect for the authentic deed he made. In this case, the notary is also responsible for fulfilling the responsibilities of the will of the parties stated in the deed he made, so that the notary must be smart and have integrity so that there will be no disputes in the future.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75493751","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":"Fulfillment of Human Rights By Transnational Corporations In Indonesia: Perspective of International Norms","authors":"Brigitta Raras Ayu Roesedi, Arina Bhuana Sari, Isnin Harianti, Gisca Azaria Ramadhani","doi":"10.55173/yurisdiksi.v17i4.105","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v17i4.105","url":null,"abstract":"Leniency in the implementation of rules on the fulfillment of human rights by the Government to TNC as an entity in Indonesia. This research aims to describe the fulfillment of human rights by transnational corporations in  International Norms. This research used normative research methods, focusing on the differences that occur in the field (das sein) namely the policy of the Government of Indonesia in realizing the fulfillment of human rights by TNC, with legal norms that should be implemented (das sollen) namely international norms. The data source used is a primary and secondary data source with a deductive thinkingpattern. The results showed that  the State as a duty holder for citizens, is authorized to issue regulations on human rights respect by TNC in order to minimize human rights violations. Domestic regulations are necessary to be the attachment of TNC operating within the territory of the country to be subject to the applicable constitutional rules, so that respect, protection, and rehabilitation of human rights can run optimally.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84390150","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":"Abstain Voter (Golput) On Implementation Simultaneous Regional Head Elections (Pilkada) In Surabaya During The Corona Pandemic","authors":"Andy christanto santoso, Woro Winandi","doi":"10.55173/yurisdiksi.v17i4.104","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v17i4.104","url":null,"abstract":"The implementation of simultaneous regional head elections (Pilkada) during the Covid-19 Pandemic was faced by the people of Indonesia in 2020. The East Jave government especially issued several regulations where all of these regulations have the same purpose, namely limiting social interactions or it can be called PSBB vol. 1, PSBB volume 2, PSBB volume 3. on December 9, 2020, Indonesia will carry out the Pilkada. From the past Pilkada experience, the number of people interested in casting their votes has decreased over time. Based on the spirit or mother of all laws in Indonesia. Does it reflect social justice for all Indonesian people? What innovations should the government make during this pandemic so that there is no clash between regulations issued during this pandemic?","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89248754","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":"State Sovereignty and Refugee Protection Heribertus Untung Setyardi","authors":"Heribertus Untung Setyardi","doi":"10.33061/wh.v28i1.6645","DOIUrl":"https://doi.org/10.33061/wh.v28i1.6645","url":null,"abstract":"State sovereignty is often used by some countries as a shield to refuse refugee arrivals and provide protection to them. This is felt detrimental to refugees, even though the original nature of the absolute and exclusive sovereignty of the state can no longer be maintained. In this connection, this paper would like to explain the ideal attitude that countries need to have and take towards refugees so that the international protection goals for refugees can be achieved. This paper is part of the results of the research (dissertation) of the writer who uses the normative legal research method with a conceptual approach.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81801730","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 Compliance Of Autonomous Weapons To International Humanitarian Law: Question Of Law And Question Of Fact","authors":"R. Shahrullah, Muhammad Samsu Saputra","doi":"10.33061/1.wh.2022.28.1.6689","DOIUrl":"https://doi.org/10.33061/1.wh.2022.28.1.6689","url":null,"abstract":"International Humanitarian Law (IHL) sets the rules to prevent human from doing excessive damages upon humanity in the time of war or armed conflicts. However, a new weapon which is called autonomous weapons rises a serious concern today because it can search, detect, identify, select, track and engage targets without human interventions. This study aims to clarify which weapons are  regarded as “autonomous” today in order to  find out whether the present autonomous weapons comply the IHL principles. This study adopts normative legal research.  The data types used is based on secondary data which consist of Primary legal materials, namely the Geneva Convention 1949 and its Additional Protocols. In addition, secondary legal materials are used to support the primary legal materials are obtained from articles and books.  The data is collected through library research and analyzed by using a qualitative-descriptive approach. It finds that a weapon system which limits human control and intervention, is not automatically classified as an autonomous weapon due to the level of human and AI engagement in the weapon. The use of autonomous weapon in armed conflicts does not entirely fulfill the principles of IHL, particularly a fully autonomous weapon because it will never satisfy the principle of distinction, proportionality, the prohibition of attack against those hors de combat and humanity.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84624666","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":"Implementation of Individual Candidate Reviews in the Election of Mayor in Surakarta City","authors":"Wibowo Murti Samadi, Shinta Rukmi B","doi":"10.33061/1.wh.2022.28.1.6731","DOIUrl":"https://doi.org/10.33061/1.wh.2022.28.1.6731","url":null,"abstract":"This study aims to further examine the implementation of individual candidate reviews in the mayoral election in Surakarta City in 2020. The city of Surakarta implemented direct elections in 2020 which were followed by political parties, in this case PDI Perjuangan (Gibran Rakabuming Raka and the individual Teguh Prakoso). ) and individual candidate Bagyo Suparjo who will appear in the direct election according to the decision of the Pilwalkot participants.This study uses a normative legal research method using a statutory approach (Statute Approach) and a case approach (Case Approach). The approach in normative research examines data that is directly taken from a literature review and secondary data that can be studied through document studies is found at the Surakarta City Regional General Election Commission. This is in accordance with the 1945 Constitution and Law no. 10 of 2016. This approach is expected to get an overview of normative studies using descriptive analysis and purposive sampling.The results of the temporary study showed that the implementation of the individual candidate review in the mayoral election in the city of Surakarta was won by Gibran Rakabuming Raka and Teguh Prakoso who defeated Bagyo Suparjo. The existence of individual candidates in the political and democratic system occurs because Law Number 32 of 2004 concerning Regional Government only limits and facilitates candidates for regional heads who come from political parties only. Individual candidates in the post-conflict local elections in Indonesia are not significant because one of the regulations governing individual candidates is burdensome to individual candidates, even though individual candidates have been regulated in the 1945 Constitution and strengthened by the Constitutional Court Decision Number 5/PUU-V/2007 which is the political right of the people to vote. Chosenas a form of democracy and human rights. Deparpolization is caused by the decline in public confidence in political parties so that people look for other political routes and provide space for people who do not have political vehicles, which are expected to be able to answer the deadlock of political parties so that their political rights can run well.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87361534","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 Implementation of Democracy in The Middle of The Application of Ite Law","authors":"Ian Aji Hermawan","doi":"10.33061/1.wh.2022.28.1.6806","DOIUrl":"https://doi.org/10.33061/1.wh.2022.28.1.6806","url":null,"abstract":"Democracy in Indonesia has been running for quite a long time since Indonesia was founded until now, which is approximately 76 years. each order has its own characteristics in carrying out democracy in Indonesia according to the conditions and political interests at that time.So that each ruler has his own interpretation of democracy in the Sukarno era, in the guided democracy during the Suharto era, there was Pancasila democracy and in the reformation period, Pancasila democracy was implemented in accordance with the constitution. there is little difference in implementing Pancasila democracy during the New Order era and during the reformation period.This difference can be seen where during the new code of democracy Pancasila was implemented but not wholeheartedly because the authorities at that time implemented a subversion law, while during this reformation period, especially in the last 10 years, the government implemented a democratic system but also implemented a law on information and electronic transactions. considered by some legal and political observers to be a substitute for subversive laws.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82850138","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":"Insider Trading Case Settlement: Studies in Indonesia and The United States","authors":"M. Gea, Marihot Janpieter Hutajulu","doi":"10.33061/1.wh.2022.28.1.6781","DOIUrl":"https://doi.org/10.33061/1.wh.2022.28.1.6781","url":null,"abstract":"Insider trading is a term that refers to the practice in which corporate insiders conduct securities transactions (trading) using their exclusive information that is not yet available to the public or investors. Indonesia and the United States are 2 (two) countries that prohibit insider trading in the capital market. Through this article, the author wants to analyze the similarities and differences the regulation of insider trading in Indonesia and the United States, and explain the legal process for the settlement of Insider Trading cases in Indonesia and the United States. This research is a normative research, using the laws and regulations on the capital market originating from 2 (two) countries, there are the laws and regulations on the capital market of Indonesia and the United States. The analysis of this paper concludes that Indonesia and the United States prohibit the practice of insider trading in the capital market.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"31 11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86267846","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":"Implementation of Children's Rights Execution In The Perspective of Civil And Islamic Law","authors":"January Nasya Ayu Taduri, Fairus Augustina Rachmawati, Dian Latifani","doi":"10.55173/yurisdiksi.v17i3.108","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v17i3.108","url":null,"abstract":"Divorce or the breaking up of a marriage between husband and wife through a court decision has legal consequences for both parties' rights and obligations, including children. In Indonesia, cases that are often problematic in divorce cases are the failure to achieve the execution of decisions, especially in the context of the right to support the wife and children and child custody. However, in this paper, the author is interested in examining more deeply the obstacles that occur in implementing the execution of child custody decisions that are seen from several legal perspectives, including the compilation of Islamic law, the Marriage Law, the Child Protection Law, and the regulation of the execution process of decisions. in Herziene Inlandsch Reglement (HIR). The legal research method used is Normative Law with a statutory approach or called the statute approach. This paper also uses secondary legal data sources, such as: scientific journals, books, related laws and regulations. The purpose of this paper is to provide solutions related to the obstacles that occur in the implementation of decisions on the execution of child custody rights, which until now often occur and still provide polemics both in society and within the scope of religious and state courts.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73135987","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 Review of Chemical Castration Action In The Perspective of Criminal Law And Human Rights","authors":"Aulya Dwisudarini, Muridah Isnawati","doi":"10.55173/yurisdiksi.v17i3.92","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v17i3.92","url":null,"abstract":"Children are a gift from God Almighty must be maintained for their survival because children are the future and next generation of the nation.  A state commits protecting the children's rights and ensuring children's welfare by issuing several laws and regulations accommodating all children's needs and rights.  However, this have not reduce the case numbers of sexual violence against children yet, therefore, the government issued a new regulation, namely Law Number 17 of 2016 which regulates new sanctions for perpetrators of sexual violence and the addition of chemical castration.  The purpose of this research is to find out the juridical review of chemical castration in the perspective of criminal law and human rights.  The research method used in this research is normative jurisdiction using a law approach.  The results of the study found that chemical castration is appropriate for perpetrators of sexual violence against children, because sexual violence against children is a serious, cruel crime.  Chemical castration does not violate human rights because it aims to normalize the hormones of pedophiles and the rehabilitation carried out by medical experts is aimed at enabling pedophiles to be normal human beings physically and mentally.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86948982","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}