http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/issue/feed YURISDIKSI : Jurnal Wacana Hukum dan Sains 2024-03-18T23:53:34+07:00 Mahrus admin@yurisdiksi.unmerbaya.ac.id Open Journal Systems <p><span style="font-family: helvetica; font-size: small;"><span style="font-family: helvetica; font-size: medium;"><strong>YURISDIKSI:</strong> Jurnal Wacana Hukum dan Sains, publishes research on various topics, national law and international law in Indonesia, including legal analysis and judge decisions. This journal has published some of the most popular articles during the pandemic about handling the law during the Covid-19 era and other legal handlers in Indonesia. as well as an up-to-date analysis of current legal issues in Indonesia. This journal also has a <a href="https://issn.brin.go.id/terbit/detail/1270033734">Printed ISSN 2086-6852</a> and an <a href="https://issn.brin.go.id/terbit/detail/1507772896">Online ISSN 2598-5892</a>, with <strong>DOI prefix number: 10.55173.</strong> This journal is published by the Faculty of Law, Universitas Merdeka Surabaya, Indonesia, which publishes four times a year, namely in June, September, December and March.</span></span></p> http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/201 The Prospect, Legal, and Socio-economic Implication of Metaverse Operation in Nigeria 2024-01-09T18:44:08+07:00 Paul Atagamen Aidonojie aidonojie.paul@edouniversity.edu.ng Adesoji Kolawole Adebayo adebayad@babcock.edu.ng Eregbuonye Obieshi eragbunye.obieshi@edouniversity.edu.ng Antai Godswill Owoche godswill.anta@kiu.ac.ug Isaac Ottah Ogbemudia isaac.otah@gmail.com Muhammad Mutawalli muhammadmutawalli@stainmaneje.ac.id <p>The metaverse, a digital realm blending virtual environments with reality, holds immense potential across sectors. In Nigeria, understanding its implications necessitates exploration from various angles. Firstly, the legal landscape demands scrutiny, with existing regulations evaluated for their applicability and efficacy. Secondly, socio-economic considerations assume paramount importance, given the metaverse's potential to reshape societal norms and economic activities. Concerning this, the employ a hybrid research methodology that focus on the potentials of metaverse's emergence, legal framework, and socio-economic effects within Nigeria. 308 questionnaire were distribute to respondents residing in Nigeria. The collected data underwent descriptive and analytical analysis. The findings underscore that permitting the operation of the metaverse in Nigeria holds promise for enhancing the nation's economy and facilitating digital interactions. However, the study also reveals potential pitfalls notably that the existing legal framework may prove insufficient in addressing the unique challenges posed by the metaverse. Moreover, the metaverse's transformative impact on the Nigerian economy may carry adverse consequences. Consequently, the study concludes by recommending the imperative need for a novel legal framework tailored to address the distinctive intricacies presented by the metaverse for its effective operation in Nigeria.</p> 2024-03-11T00:00:00+07:00 Copyright (c) 2024 Paul Atagamen Aidonojie , Adesoji Kolawole Adebayo, Eregbuonye Obieshi , Antai Godswill Owoche , Isaac Ottah Ogbemudia http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/223 Cooperation Agreement Between Lisawati Tax Consultants And The Anggoro Kasih Pamekasan Foundation In Connection With Book Iii of The Data Code 2024-02-20T14:13:06+07:00 Lisawati lisacpa2@gmail.com Mohammad Roesli lisacpa2@gmail.com Bastianto Nugroho lisacpa2@gmail.com <p>The purpose of knowing the procedure for implementing a work agreement between the Lisawati Tax Consultant and the Anggoro Kasih Pamekasan Foundation in relation to Book III of the Civil Code.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. Hasil Legal consequences if one party does not carry out its obligations can occur due to 2 (two) things, namely due to default and overmacht. default carried out by the Lisawati Tax Consultant if since the signing of the deed of agreement the Lisawati Tax Consultant has not issued an SPK, then for this negligence the Lisawati Tax Consultant may be subject to sanctions in the form of reimbursement for losses for planning work implementation, while the default is carried out by the Anggoro Kasih Pamekasan Foundation if after the issuance of the SPK, the Anggoro Kasih Pamekasan Foundation is late / does not carry out achievements, then for the delay the Anggoro Kasih Pamekasan Foundation is only obliged to pay a number of items that have been made by the Lisawati Tax Consultant only and as a penalty the agreement is considered null and void and cannot be continued for any reason, the legal consequences of overmacht if it is only temporary, the debtor can request a delay in fulfilling the achievement and if it is absolute/permanent, then the agreement is automatically canceled.</p> 2024-03-11T00:00:00+07:00 Copyright (c) 2024 Lisawati, Mohammad Roesli, Bastianto Nugroho http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/215 A View of Civil Law and Islamic Law on the Practice of Surrogate Mother 2024-01-09T18:38:49+07:00 Muhammad Ridwan c100200124@student.ums.ac.id M. Junaidi mj1222@ums.ac.id <p>IVF is one of the modern methods that can help legal couples obtain children. Both Indonesian Civil Law and Islamic Law allow this practice. Still, it must be carried out based on the provisions, namely by involving couples who are legal in the eyes of the law. IVF carried out through surrogate motherhood is prohibited by both positive law and Islamic law because its existence can disrupt lineage. Children born from this practice are not considered legitimate due to confusion and ambiguity during the process. This research is a normative juridical literature study that is processed based on primary and secondary legal sources consisting of primary, secondary, tertiary legal materials, and non-legal materials with the aim of: 1) Understand how Indonesian civil law and Islamic law view the issue of surrogate mothers; and 2) Knowing how the guardianship status of IVF children born through surrogacy practices. It was found that both Positive Law and Islamic Law prohibit the practice of IVF with surrogate mothers because it results in legal confusion for the child. This research is expected to contribute to further research, especially research that raises the theme of IVF.</p> 2024-03-11T00:00:00+07:00 Copyright (c) 2024 Muhammad Ridwan, M. Junaidi http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/224 Juridical Review Indonesian National Army, Army Who Permitted The Crime of Adulture 2024-02-22T09:15:31+07:00 Wida Susanti widyadwiasyam@gmail.com Mohammad Roesli widyadwiasyam@gmail.com Adies widyadwiasyam@gmail.com <p>The aim is to find out the provisions governing the criminal act of violating adultery or immorality committed by the Indonesian National Armed Forces. 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. Legal Consequences Regarding the crime of violating decency/adultery committed by the Indonesian National Armed Forces, the perpetrator is subject to Article 281 paragraph (1) of the Criminal Code Juncto Article 26 of the Criminal Procedure Code, Article 190 paragraph (1), paragraph (3), paragraph (4) of the Law of the Republic of Indonesia Number 31 of 1997 concerning Military Justice, namely in addition to the main punishment in the form of imprisonment, as well as additional punishment in the form of being dismissed from military service.</p> 2024-03-11T00:00:00+07:00 Copyright (c) 2024 Wida Susanti, Mohammad Roesli, Adies http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/218 Islamic Law in the Rule of Sadd Adz-Dzari'ah on the Transfer of Agricultural Land Function to Housing in Grobogan 2024-01-29T14:10:21+07:00 Alifannisa Shella Hermininda c100200060@student.ums.ac.id M. Junaidi mj1222@ums.ac.id <p>This research provides an in-depth exploration of Islamic legal aspects related to the conversion of agricultural land into residential areas, with a focus on the principle of Sadd Adz-Dzari'ah. This principle serves as the primary foundation for the research, playing a crucial role in regulating the land transformation process and establishing legal boundaries that must be adhered to. Through a case study conducted in the Grobogan Regency, this research aims to evaluate the application of the Sadd Adz-Dzari’ah principle in the context of agricultural land conversion. The research methodology employs a qualitative approach, utilizing in-depth interviews and document analysis. The collected data is analyzed using content analysis techniques to identify patterns and key themes related to the implementation of the Sadd Adz-Dzari’ah principle in land conversion. The main objectives of this study include gaining a profound understanding of the principle, evaluating its implementation in the conversion of agricultural land to residential areas in Grobogan Regency, analyzing the social, economic, and environmental impacts of the land-use changes, and presenting policy recommendations to enhance justice and sustainability, considering Islamic values. The research found that Islam with its sadd adz-dzariyat concept does not prohibit the conversion of agricultural land into housing as long as it provides maslahat for the community and is carried out based on existing statutory provisions and instead encourages the utilization of agricultural land for various purposes so that the land is not neglected and eventually dies without being utilized. Thus, this research is expected to significantly contribute to understanding the relevance and implementation of the Sadd Adz-Dzari’ah principle in the context of changing land use in rural communities. It also aims to provide a foundation for better policies aligned with Islamic values.</p> 2024-03-11T00:00:00+07:00 Copyright (c) 2024 Alifannisa Shella Hermininda, M. Junaidi http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/219 Corporate Involvement In People Trafficking Cases (Analysis of East Jakarta District Court Decision Number: 289/Pid.Sus/2020/PN Jkt.Tim) 2024-03-18T23:02:29+07:00 Yohanes Gemilang Febrian gemilang4145@gmail.com Tanudjaja gemilang4145@gmail.com <p>The research objective in this research report is to find out the position of corporations in criminal liability for human trafficking in trafficking cases(Analysis of East Jakarta District Court Decision Number: 289/Pid.Sus/2020/PN Jkt.Tim)and to find out howLegal certainty for victims of the crime of human trafficking committed by PT. Hassindo Karya Niaga (Analysis of the East Jakarta District Court Decision Number: 289/Pid.Sus/2020/PN Jkt.Tim).The research method used is a normative juridical method where data sources come from court decisions, books and journals and the internet. The research approach used in this research is a qualitative approach. The results of this research are pActions carried out by PT. Hassindo Karya Niaga is a criminal act of human trafficking as well asthere is no legal certainty for victims of the PT Person Trafficking Crime case. Hassindo Karya Niaga due to the absence of implementation of the provision of restitution for victims contained in the decision. Actions carried out by PT. Hassindo Karya Niaga and its work constitute a criminal act of human trafficking. There is no legal certainty for victims of TIP cases committed by PT. Hassindo Karya Niaga due to the lack of implementation of the right to compensation (restitution) obtained by victims of criminal acts of human trafficking. East Jakarta District Court Decision Number: 289/Pid.Sus/2020/PN Jkt.Tim)and howLegal certainty for victims of the crime of human trafficking committed by PT. Hassindo Karya Niaga (Analysis of East Jakarta District Court Decision Number: 289/Pid.Sus/2020/PN Jkt.Tim).</p> 2024-03-18T00:00:00+07:00 Copyright (c) 2024 Yohanes Gemilang Febrian, Tanudjaja http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/216 Court Competence In Administration In Resolving The Land Disputes To The Land 2024-01-25T22:14:41+07:00 Siti Fatimah Nur Afifah siti_fatimah_nur_afifah@student.umaha.ac.id Zubaida Djaiz Baranyanan ida_djaiz75@yahoo.ac.id M. Zamroni zamroni@dosen.umaha.ac.id Bambang Panji Gunawan bambang.panji@dosen.umaha.ac.id <p>The purpose of this study is to describe the competence of the State Administrative Court in handling land disputes. With the existence of a duplicate certificate of ownership originating from two legal aspects there is also a dualism in handling the case, and with the existence of the antinomy of this legal norm, this can further lead to a conflict of competence in adjudicating between the General Court or State Administrative Court in resolving land disputes. This research uses a normative method, in which the sources of legal materials are used by using literature studies, legislation, journals / articles, jurisprudence and books. Significantly this research shows that the competency of Administrative Court becomes a place that should be a reference for legal certainty seekers for the existence of a double certificate that can be tested for validity through the State Administrative Court for the Decree of a State Administration officia.</p> 2024-03-11T00:00:00+07:00 Copyright (c) 2024 Siti Fatimah Nur Afifah, Zubaida Djaiz Baranyanan, M. Zamroni, Bambang Panji Gunawan http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/217 Underage Murder Case Against Robbers in the Perspective of Criminal Law and Islamic Criminal Law 2024-01-29T14:13:35+07:00 Tanuhita Kumara Putri Azalia Sukoco c100200033@student.ums.ac.id M. Junaidi mj1222@ums.ac.id <p>This research explores legal issues related to perpetrators of child abuse with a focus on the analysis of the decision of the Kepanjen District Court (Number: 1/Pid.Sus-Anak/2020/PN.KPn). The crime of abuse, which involves an attack on another individual with the aim of torturing or oppressing, has serious implications in criminal law and Islamic criminal law. The research uses a statutory and case approach, exploring normative and doctrinal aspects of Indonesian and Islamic law that are relevant to the case. The main data is obtained from primary legal materials such as the 1945 Constitution, Criminal Code, Law Number 11 of 2012, Law Number 35 of 2014 concerning Child Protection, as well as Islamic legal sources such as the Qur'an and Hadith and also secondary legal materials such as books, articles, journals, and other scientific works. By using deductive analysis, this research aims to provide an overview and solution to legal problems that occur, especially regarding legal protection for minors who commit persecution as a form of defense that causes the death of begal both according to criminal law and Islamic law. This study found that children who commit persecution against begal until they die, both criminal law and Islamic law both agree that minors can only be sentenced as a last resort and must still pay attention to the best interests of the child. In juvenile law, research considers psychological factors, the need for compassion, and rehabilitation efforts to achieve balanced justice. This research contributes to the understanding of criminal law and Islamic criminal law related to cases of sexual abuse, especially those involving underage offenders.</p> 2024-03-13T00:00:00+07:00 Copyright (c) 2024 Tanuhita Kumara Putri Azalia Sukoco, M. Junaidi http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/221 Juridical Review of Cyber Security Mobile Banking Digitalization Process For Legal Protection of Customers 2024-02-08T09:20:37+07:00 Florentina Dani Eti Kusuma Eko Wardani florentina.dani@gmail.com R. Febriarto Fadjar florentina.dani@gmail.com Mychelvia Vrelya JohnLearn florentina.dani@gmail.com <p>Indeed, the emergence of the bank's digitalization process does not necessarily eliminate the possibility of errors in its operation., both intentional and unintentional errors, one of the intentional errors is Fraud and/or cybercrime (as a crime that occurs through or on computer networks on the internet) in electronic services from this digitalization, which causes losses to other parties in the case of Digital Banks is the customer. Therefore, the purpose of this paper is to analyze the Security System of Digital Banking Services and Responsibility for Electronic Transactions of Digital Banking Services. In analyzing, the juridical-normative research method is used. The results showed that the realization of legal protection against customers for fraud or cybercrime that occurs in Digital Bank transaction activities can be seen from how the efforts of the government and the Authority in the Financial Services sector regulate and limit various interests and powers so that they do not collide with each other and are optimally organized. Commercial Banks are required to carry out their business activities prudently and implement Good Corporate Governance, Risk Management, and Consumer Protection will be better prepared to face various kinds of risks arising from the provision of Mobile Banking services, because if this is not done, the loss will be felt not only by service users but the Commercial Bank itself as a service provider, as can be seen in the case example in the decision.</p> <p><em> </em></p> 2024-03-14T00:00:00+07:00 Copyright (c) 2024 Florentina Dani Eti Kusuma Eko Wardani, R. Febriarto Fadjar, Mychelvia Vrelya JohnLearn http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/222 The Act of Nusyuz By A Wife As An Abortion of The Right To Maintain Mut'ah After Divorce 2024-03-14T09:33:50+07:00 Ayu Citra Isnantri ayucitraisnantri@gmail.com Tanudjaja ayucitraisnantri@gmail.com <p>The aim of this research is to understand nusyuz as a reason for divorce in statutory regulations and the judge's considerations in deciding cases of granting mut'ah maintenance to a wife who is suspected of being nusyuz. This research method uses a normative method of analyzing or reviewing court decisions. The subject of the study is law which is conceptualized in a norm or rule that applies in society. Therefore, Normative legal research is focused on the analysis of positive law, principles, doctrine, legal discoveries, legal systematics, comparative or legal history. The results in the Marriage Law and in the Compilation of Islamic Law (KHI) do not specifically emphasize the condition of a wife's nusyuz as a justified reason for divorce, but implicitly this has been represented by 2 (two) other reasons, namely actions that are difficult to change. and constant disputes or quarrels. In this case, nusyuz's attitude certainly needs to receive attention and reprimand from those around him, especially from his partner himself. This is different if it turns out that the reprimand did not produce any results so it should be considered that the perpetrator of nusyuz has found it difficult to change for the better. In other words, such circumstances or conditions should give rise to a dispute between a husband and wife, where the dispute continues to occur over time, it will increasingly erode harmony in the household and be replaced by anger, violence or other harmful things so that it is legally justified to do a divorce.</p> 2024-03-18T00:00:00+07:00 Copyright (c) 2024 Ayu Citra Isnantri, Tanudjaja http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/226 Implementation of Policy Regulation of The Head of The National Land Agency Number 5 of 2012 Concerning Technical Instructions For The Implementation of Land Procurement 2024-03-13T23:25:11+07:00 Abriyanto Nugroho abriyanto07@gmail.com Adianto adianto@lecturer.unri.ac.id Agus Priyanto guspri@ecampus.ut.ac.id <p>That this research aims to analyze more deeply the implementation of the policy of the Head of the National Land Agency Regulation Number 5 of 2012 concerning Technical Instructions for Implementing Land Acquisition <em>Case study of Land Acquisition for the Construction of the Pekanbaru-Bangkinang Toll Road, Riau Province</em>. The research method in this legal research uses qualitative methods. The problem formulation used in this research is how to implement the policy of Regulation of the Head of the National Land Agency Number 5 of 2012 concerning Technical Instructions for Implementing Land Acquisition and what factors hinder the implementation of the policy of Regulation of the Head of the National Land Agency Number 5 of 2012 concerning Technical Instructions for Implementing Land Acquisition. That the results of this research found that the implementation of land acquisition for the construction of the Pekanbaru-Bangkinang toll road in Riau province was not optimal, that there were obstacles in the implementation of land acquisition for the construction of the toll road in the form of land disputes, the location being included in a forest area, and resistance from residents to the development. the toll road. The conclusion of this research is that it is best to review the regulations of the Head of the National Land Agency Number 5 of 2012 concerning Technical Instructions for the Implementation of Land Acquisition which function as a fulfillment of solving public problems in the land sector and filling legal gaps if necessary and that regarding the obstacles that In the field, assistance should be provided with related officials such as the prosecutor's office and police as well as the local district court to provide a sense of security and comfort for the committee and other stakeholders involved in the land acquisition process for the public interest.</p> 2024-03-18T00:00:00+07:00 Copyright (c) 2024 Abriyanto Nugroho, Adianto, Agus Priyanto