YURISDIKSI : Jurnal Wacana Hukum dan Sains http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi <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> en-US admin@yurisdiksi.unmerbaya.ac.id (Mahrus) sengkomahrus@gmail.com (Ali) Sat, 30 Dec 2023 00:00:00 +0700 OJS http://blogs.law.harvard.edu/tech/rss 60 Legal Protection of Employee Work Agreements with the Contract System Based on Law Number 6 of 2023 (Study of PT Sunwoo Garment Indonesia) http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/207 <p>The main purpose of this research is to find out how the implementation of the employment agreement between PT Sunwoo Garment Indonesia and its workers is based on Law Number 6 of 2023 and review the extent to which the employment agreement brings welfare to the workers. This research includes a literature study with an empirical juridical method in which primary, secondary, and tertiary legal sources are used. As a result, the employment agreement is an important thing that PT Sunwoo Garment Indonesia pays attention to. The employment contract they have is made based on the applicable legislation. It's just that currently the employment agreement is still based on the old law and has not been updated to follow the new law because it is still waiting for a circular letter from the government. The existing work agreements have generally been able to provide welfare for the workers, such as wage increases every year, compensation, severance pay, benefits, and working leave. However, in terms of reimbursement of working leave, the company has not yet fulfilled it. Even though the workers have felt sufficient with the wages given, the company is still obliged to pay the workers' rights so that workers' welfare can be truly achieved.</p> Rizka, Urug Muhammad Hatta Copyright (c) 2023 Urug Muhammad Hatta, Rizka https://creativecommons.org/licenses/by-sa/4.0 http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/207 Mon, 04 Dec 2023 00:00:00 +0700 Legal Relations Between Drivers and Online-Based Transportation Companies http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/159 <p>The purpose of this research is to find a form of legal protection for online motorcycle taxi drivers called partnerships. This research method combines normative juridical research methods. What is meant by normative juridical research is research based on document study studies that collect literature study materials related to the discussion and processing of the journal material by using the descriptive method by looking at problems that occur in the midst of people's lives, the focus of the study stems from regulatory provisions applicable laws and regulations, accompanied by theories and legal principles related to the problem under study. The results of the electronic agreement (e-contract) between PT. GOJEK, AKAB, and GOJEK's prospective partners have clauses that can be categorized as standard clauses which in fact are prohibited in Law Number 8 of 1999 concerning Consumer Protection and contain the principle of mutualism in which the agreement is mutually beneficial between the two parties. So in the agreement it can be said that PT. GOJEK Indonesia is not fully responsible when GOJEK partners experience fictitious orders because the agreement contains the principle of mutualism and is prohibited by Law Number 8 of 1999 concerning Consumer Protection.</p> Mukhammad Amri, Sri Anggraini Kusuma Dewi Copyright (c) 2023 Mukhammad Amri, Sri Anggraini Kusuma Dewi https://creativecommons.org/licenses/by-sa/4.0 http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/159 Mon, 04 Dec 2023 00:00:00 +0700 Principles of Civil And Sharia Civil Law In The Implementation of Wakaf http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/208 <p>Waqf is the legal act of a wakif to separate and/or hand over part of his property to be used forever or for a certain period of time in accordance with his interests for the purposes of worship and/or general welfare according to sharia. In reality, not all waqf givers understand the concept of waqf in general, this can be seen in a legal case that was decided in Civil Case Lawsuit No. 230/Pdt.G/2018/PTA.Smg. That this research aims to analyze more deeply about waqf and analyze waqf legal cases as in Civil Case Lawsuit No. 230/Pdt.G/2018/PTA.Smg. The research method in this legal research uses normative juridical methods using several approaches to make analysis easier. The formulation of the problem used in this research is the principles of civil law and civil sharia in the implementation of waqf and the application of the principles of civil law and civil sharia in the civil case lawsuit No. 230/Pdt.G/2018/Pta.Smg. The conclusion from this research is that Waqf is the legal act of a wakif to separate and/or hand over part of his property to be used forever or for a certain period of time in accordance with his interests for the purposes of worship and/or general welfare according to sharia. Inimplementation waqf, it is obligatory to follow Islamic sharia and laws and regulations regarding waqf, so that the waqf is valid in accordance with the sharia and applicable laws. That property that has been donated cannot be canceled unilaterally by the wakif, therefore it is obligatory in implementing the waqf to carry out the terms and conditions as stated in the waqf terms and laws. It is best that before implementing the waqf pledge, Nadzir should assess the economic capabilities of the wakif so that there will be no incidents like in the civil case and avoid lawsuits for canceling the waqf pledge deed.</p> Achmad Rafi Resaf Pratama, Rusdianto Sesung Copyright (c) 2023 Achmad Rafi Resaf Pratama, Rusdianto Sesung https://creativecommons.org/licenses/by-sa/4.0 http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/208 Mon, 04 Dec 2023 00:00:00 +0700 Inpatient Service Procedures for Insurance and Non-Insurance Patients at National Hospital Surabaya http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/163 <p>The research aims to make it easier for patients to get comprehensive health services and establish patient diagnoses and plan appropriate therapy for patients. The research method uses empirical normative methods, which means research whose object of study is aimed at written regulations and valid data in the field so that this research is very closely related to libraries and data in the field. The results of the research on legal protection for patients are listed in Law Number 36 of 2009 concerning Health, Law Number 29 of 2004 concerning Medical Practice, Law Number 44 of 2009 concerning Hospitals, and because patients are consumers of services, provisions also apply in Law Number 8 of 1999 concerning Consumer Protection. The relationship between the patient and the hospital is a civil law relationship. If one party defaults, the other party, in this case the patient, can file a lawsuit/claim for compensation against the default party. The provisions of Article 1365 can also be used as a reference for patients to make claims for compensation against hospitals or health workers, because they have caused harm to patients, both physically and non-physically.</p> Rimo Eko Saputro, M. Hidayat, Handyka Prayogi Lesmana Copyright (c) 2023 Rimo Eko Saputro, M. Hidayat, Handyka Prayogi Lesmana https://creativecommons.org/licenses/by-sa/4.0 http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/163 Mon, 04 Dec 2023 00:00:00 +0700 Legal Protection for BPJS Kesehatan Patients in Healthcare Services at the Dr. Soetomo General Academic Hospital Surabaya http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/188 <p>This study explores the implementation of healthcare services for BPJS Kesehatan patients at Dr. Soetomo General Academic Hospital in Surabaya, Indonesia. The research objectives were to investigate patients' perceptions of the services provided, their understanding of rights and obligations, and the legal remedies available. Employing a juridical-empirical approach, the study surveyed 50 patients using qualitative data analysis. Findings revealed that 78% of patients considered the hospital's services good, despite some shortcomings such as inadequate drug information and attention from medical staff. Additionally, only 24% of patients were aware of their rights and obligations. Legal remedies within the hospital, handled by the Public Service Complaints Section, addressed patient complaints effectively, with approximately 12% of patients expressing dissatisfaction. However, non-litigation efforts through external organizations like the Indonesian Consumers Foundation were not reported. This study highlights the need for enhanced patient education and awareness, efficient complaint mechanisms, and further exploration of external legal recourse avenues to ensure comprehensive legal protection for BPJS Kesehatan patients.</p> Muchammad Toyib, Surti Yustianti, Sinarianda Kurnia, Andriyanto, Nuri Herachwati Copyright (c) 2023 Muchammad Toyib, Surti Yustianti, Sinarianda Kurnia, Andriyanto, Nuri Herachwati https://creativecommons.org/licenses/by-sa/4.0 http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/188 Mon, 04 Dec 2023 00:00:00 +0700 The Urgency of The Existence of Approval of Medical Actions In Palliative Services http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/209 <p class="E-JOURNALAbstractBodyEnglish" style="text-indent: 0cm;"><span lang="IN" style="font-size: 10.0pt; font-style: normal;">for humanity. All actions of palliative care carried out by the palliative team, really need informed consent, so that they are not subject to administrative, criminal or civil sanctions. So in this study the aims were to analyze the legal ratio of informed consent in palliative care based on the Minister of Health Decree number 812/Menkes/SK/VII/2007 concerning Palliative Care Policy, and analyze legal liability for negligence in making informed consent in palliative care. The research method is normative juridical with a statute approach and conceptual approach. The results of this study are that in the process of palliative care carried out with multidisciplinary knowledge, these actions really require informed consent. And legal responsibility for negligence in making informed consent in palliative care can be in the form of administrative, criminal or civil sanctions.</span></p> Devy Febrina Rindianti, Ninis Nugraheni Copyright (c) 2023 Devy Febrina Rindianti, Ninis Nugraheni https://creativecommons.org/licenses/by-sa/4.0 http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/209 Mon, 04 Dec 2023 00:00:00 +0700 Analysis of legal protection for victims of illegal investment of ponzi schemes http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/211 <p>Technological development connects the world and becomes the basis for digitalizing finance and boosting the economy. Investment is useful for protecting investors from inflation, planning for the future economy, increasing wealth, and providing convenience in emergency needs. This study aims to analyze legal protection, the problem, and the consequences of law enforcement toward corporations. This study used the library research method. This study used a normative juridical approach which means that the study concerns norms, legislation, and court decisions related to legal protection for victims of illegal investment. The result of the study showed that the court has provided legal protection but it has not been able to meet the aspect of justice. Indonesia faced some problems in enforcing the law and maximizing the function of government institutions. This is proven by the great power to deceive using current developments. Besides, the results reveal that the court gave punishment as the result of the law enforcement to the corporation such as company dissolution and compensation payment to the victim.</p> Jestyn Hermawan, O.K. Isnainul, Elvira Fitriyani Pakpahan, Heriyanti Copyright (c) 2023 Jestyn Hermawan https://creativecommons.org/licenses/by-sa/4.0 http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/211 Mon, 04 Dec 2023 00:00:00 +0700 Implementation of Access to Justice for Vulnerable Groups in the Surakarta State Court http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/214 <p>The aim of this research is to explain: (1) the guarantee of access to justice for vulnerable groups in Indonesia; and (2) the implementation of providing access to justice for vulnerable groups in the Surakarta District Court. This study uses empirical legal research, or research that complies with normative provisions, to examine vulnerable groups' access to justice in the Surakarta District Court and identify issues related to the subjects examined from October to December 2023 as primary data. In addition, documentation studies and literature studies make use of secondary data, which can be found in a variety of sources such as books, articles, laws, news reports from the media, and so forth. The findings state that Indonesia has provided guaranteed access to justice through the speed of government institutions, ministries, and regional governments in proposing the provision of public service that are friendly to vulnerable groups, including children, women, people with disabilities, minority groups, the elderly, and the poor. Meanwhile, the Surakarta District Court has built facilities for vulnerable groups. Among them are wheelchairs, priority waiting chairs, assistive sticks, braille leaflets, courtrooms, waiting rooms, special toilets, and special paths (guide blocks, ramps, ramps) for people with disabilities. Providing access to justice is still mostly for people with disabilities.</p> <p> </p> <p><em> </em></p> Ika Rahmawati, Hanifah Febriani Copyright (c) 2023 Ika Rahmawati, Hanifah Febriani https://creativecommons.org/licenses/by-sa/4.0 http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/214 Mon, 25 Dec 2023 00:00:00 +0700 Doctors' Legal Protection of Midwives And Nurses Professionals In Medical Actions In Hospitals http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/212 <p>The lack of legal understanding by the parties concerned and the lack of legal protection for both patients and health workers. So the results of the nurses' hard work in providing health services if they are not successful will be faced with the law and even categorized as malpractice with criminal sanctions. Focus problems, namely: Doctors' legal protection of midwives and nurses professionals in medical actions in hospitals.The method used in this study is normative juridical research, which is a study using legislation that includes three layers of legal science consisting of the study of legal science, legal theory and legal philosophy. The results of the discussion found that the delegation of Doctor's authority to the nurse profession in medical action from a legal perspective. Nurses are someone who plays a role in caring for and helping someone by protecting them from pain, injury and the process of aging. It is not in accordance with the regulations of Law No. 38 of 2014 concerning Nursing Article 32 Paragraph (1) and Minister of Health Regulation No. 2052 of 2011 Article 23 Paragraph (1). The nature of the act of giving a medical diagnosis and the determination of medical therapy should not be delegated to nurses of Law No. 17 of 2023. The authority of nurses is as follows: Article 30 paragraph 1 and 2. The two legal umbrellas can certainly make nurses' understanding and protection in carrying out medical duties.</p> <p><em> </em></p> Yeni Vitrianingsih, Slamet Suhartono, Yovita Arie Mangesti, Budiarsih Copyright (c) 2023 Yeni Vitrianingsih, Slamet Suhartono, Yovita Arie Mangesti, Budiarsih https://creativecommons.org/licenses/by-sa/4.0 http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/212 Thu, 28 Dec 2023 00:00:00 +0700 Motives for Selling Human Organs by Children in Indonesia http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/213 <p>ABSTRACT</p> <p>Children as one of the human resources and the next generation of the nation, should receive attention in the context of developing children. In connection with child development, legal facilities and infrastructure are needed that anticipate all problems that arise. There are many legal reasons why children are involved in murder cases followed by acts of mutilation. The biggest possibility is that it is easy for irresponsible parties to influence children to commit the crime of assisting premeditated murder. The purpose of this research is to understand the concept of legal responsibility for children who commit criminal acts, to find out the legal protection for children as perpetrators of criminal acts from the perspective of child protection law and to find out the application of the law to accomplices in the criminal act of selling human organs. The research carried out is normative legal research with a normative juridical approach taken from secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research and discussion, it explains the concept of legal responsibility for children who commit criminal acts, namely that they can be subject to criminal sanctions. Legal protection for children as perpetrators of criminal acts from the perspective of child protection law is by imposing a penalty of ½ (one-half) of the maximum criminal threat carried out by an adult. Children who commit crimes who assist premeditated murder cannot be sentenced to death or life imprisonment.</p> Josua Dariusman Zendrato, Kartina Pakpahan, Yusriando Copyright (c) 2023 Josua Dariusman Zendrato, Kartina Pakpahan https://creativecommons.org/licenses/by-sa/4.0 http://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/213 Thu, 28 Dec 2023 00:00:00 +0700