YURISDIKSI : Jurnal Wacana Hukum dan Sains https://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) Tue, 30 Mar 2021 00:00:00 +0700 OJS http://blogs.law.harvard.edu/tech/rss 60 Limitations of Authority of Implementation of Tasks In Running The Local Government Duty https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/80 Where constitutional conflicts occur, which is actually a law that prohibits Acting from signing APBD, but a Ministerial Regulation allows Plt to sign APBD. Where there are written rules that leave regulations outside the State Dependency for Governors, Regents and Mayors explaining an authority written by the Acting Minister of Domestic Affairs Article 9 Letter d paragraph 1 Number 74 Year 2016. That can be signed if obtained approval from the minister in writing which is about the Regional Budget and Regional Regulations on the Organization of Regional Apparatuses. However, there is a difference wherein that the Finance Law no 17 of 2003 is different from the Minister of Home Affairs Regulation 74 of 2016. Bring the contents of the Financial Act Number 17 of 2003 to state the written financial management authority that obtains power from the president, which is meant towards the regional head. Whereas where the Head of Province, regent, and mayor who are regional government officials can work on regional finances and represent regional officials in the ownership of separated regional assets. The contents are the rules written in article 6 letter c of Act 17 of 2003 concerning finance. Therefore, where the Permendagri's position is under the Act. If the APBD can be signed by an Acting Officer, then it can be sued and may be invalid. Where, there are provisions in the signing of the Regional Budget which is legitimate or is a Governor or Acting Actor, not an Acting Actor. Although where Permendagri Number 74 of 2016 can make APBD signed by the Acting Act, the financial law states that the Governor or Acting Actor can sign the APBD except Acting. Susanto, Mega Lestari Copyright (c) 2021 Yurisdiksi: Jurnal Wacana Hukum dan Sains https://creativecommons.org/licenses/by-sa/4.0/ https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/80 Tue, 06 Jul 2021 00:00:00 +0700 Legis Ratio of School Zonation System In Receiving New Students https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/81 Education is a process or effort of every nation that is unbroken in nature at all levels of human life, in accordance with the development of society and culture that aims to achieve perfection and maturity in humans, so that with awareness and responsibility can face various problems of life. [1] It can be said that education is the key to the success of a nation, because education can improve the nation's Human Resources. Based on this the government issued regulations that regulate everything about education so that education in Indonesia is right on target and in line with expectations. One of them is the Minister of Education and Culture Regulation Number 20 of 2019 concerning Amendments to the Minister of Education and Culture Regulation Number 51 of 2018 concerning the Acceptance of New Students in Kindergartens, Elementary Schools, Middle Schools, High Schools, and Vocational High Schools . Wherein the Minister of Education and Culture Regulation No. 20 of 2019 is regulated regarding the school zoning system. in which regulates the school zoning system. The research method used in this study is to use normative juridical legal research methods, with 2 (two) approaches, namely: statute approach and conceptual approach. The formulation of the problem of this research is: What is the legis ratio in Minister of Education and Culture Regulation Number 20 Year 2019? The results of this study indicate that the legis ratio of the Minister of Education and Culture Regulation No. 20 of 2019 is that the acceptance of new students can be done objectively, accountably, transparently, and without discrimination. In addition, there is also an equitable distribution of quality education. Megantara Hanandyo Mulyono, Indriyanti Ayu Trisnawati, Pongga Adji Ardiansyah Copyright (c) 2021 Yurisdiksi: Jurnal Wacana Hukum dan Sains https://creativecommons.org/licenses/by-sa/4.0/ https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/81 Tue, 06 Jul 2021 00:00:00 +0700 Indonesian Labor Protection through Social Employment Security in Sustainable Development Goals (SDGs) Perspective https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/82 The goal of the Indonesian state is to improve people's welfare. This goal is further emphasized by developing a social security system for the welfare of all people. Fulfillment of socio-economic protection that is evenly distributed and does not differentiate between social groups must be carried out by the government because it contains the state ideology which states social justice for all people. To provide social security for all the people, especially workers, Indonesia has established Law Number 40 of 2004 concerning the National Social Security System. Based on this, this study aims to examine whether the existing social security system in Indonesia protects the people, especially workers, based on the perspective of Sustainable Development Goals (SDGs). The research method used in answering the problem is a normative legal research method with a statutory approach, a conceptual approach, and a historical approach. This research is expected to be able to contribute knowledge and literacy to society and academics related to labor protection. This research shows that labor social security is a form of protection provided to workers and their families against various labor market risks. From the SDGs perspective, the protection of workers through employment social security can reflect the SDGs Goal 8, namely decent work and economic growth, promoting sustainable and inclusive economic growth, employment, and decent work for all. Nur Hadiyati Copyright (c) 2021 Yurisdiksi: Jurnal Wacana Hukum dan Sains https://creativecommons.org/licenses/by-sa/4.0/ https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/82 Tue, 06 Jul 2021 00:00:00 +0700 Legal Protection Against The Consumer For Unlawful Actions Conducted By Business Personnel https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/83 This study aims to determine and analyze the form of legal protection and the consequences of an illegal act committed by a business actor in violating an agreement and done intentionally. The research method in this study uses a normative research method and uses the statute approach method (statutory approach) and the conceptual approach (concept approach). The result of this study is that legal protection is one of the legal certainties that is in the spotlight of the Indonesian government so that Indonesian citizens can carry out normal activities in the community without fear of an act that is detrimental to them. Legal protection for consumers is a reference for the government in reducing arbitrary attitudes by businesses and consumers. As evidence of the government's efforts to protect consumer rights, Law Number 8 of 1999 concerning Consumer Protection or commonly abbreviated as the Consumer Protection Act was born. One of the actions that often occur as a result of arbitrary attitudes committed by business actors is an act against the law as stipulated in article 1365 of the Civil Code. As a form of legal protection, sanctions or compensation for the consequences of unlawful acts is applied. The application of sanctions or compensation is not formulated in Article 1365 of the Civil Code, but the application of sanctions or compensation is applied through a district court decision. Asa Prayoga Jiwangga, Tutiek Retnowati Copyright (c) 2021 Yurisdiksi: Jurnal Wacana Hukum dan Sains https://creativecommons.org/licenses/by-sa/4.0/ https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/83 Tue, 06 Jul 2021 00:00:00 +0700 Liability Against Wedding Organizer Default https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/84 Marriage is one of the human needs there are various kinds of ways for marriage, one of the most popular in the modern era is now using the services of a wedding organizer, pandamanda is one of the wedding organizer services that dares to offer rental prices for services at prices below the average price of wedding planners in general. However, at the time the implementation carried out by Pandamanda to the consumer was not in accordance with what was promised, when the date of the wedding had taken place it turned out that the food in the wedding ceremony was not available. The formulation of the problems contained in this study were: 1 ) What is the legal protection for the default act committed by the wedding organizer to the consumer? 2) What is the legal action taken by the consumer as a result of the default by the Wedding Oganizer? The objectives of this research are 1) To find out and analyze legal actions for default actions committed by the wedding planner 2) To find out and analyze legal actions taken by consumers due to default actions by the wedding planner. The results of this study is a party that defaults to consumers as regulated in article 1243 of the Civil Code which reads that compensation for costs, losses and interest due to failure to fulfill an agreement shall begin to be obliged if the debtor, although declared negligent to carry out the engagement. Naufal Syaughi Margono, Tutiek Retnowati Copyright (c) 2021 Yurisdiksi: Jurnal Wacana Hukum dan Sains https://creativecommons.org/licenses/by-sa/4.0/ https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/84 Tue, 06 Jul 2021 00:00:00 +0700 Legal Enforcement Efforts On Traffic Violations Made By Students Under The Age In Surabaya City https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/85 Law enforcement in the State is carried out in a preventive and repressive manner. Preventive law enforcement is in place to prevent violations of the law by citizens and this task is generally assigned to the executive bodies and the police. Repressive law enforcement at the operational level (its implementation) is supported and through various institutions that are organizationally separate from one another, but remain within the framework of law enforcement, starting from: the Police, the Attorney General's Office, the Courts, to Correctional Institutions. There are many problems related to law violations, ranging from minor to severe. Minor offenses that often occur in traffic problems, such as not wearing a helmet, running a red light, not having a SIM or STNK, not turning on the lights during the day, and hitchhiking are considered cultured among the community and school students. Traffic violations like that are considered to have become a habit for road users, so that every time an orderly operation of traffic is carried out on the highway by the authorities, not a few cases of traffic violations are caught and often because these violations often lead to traffic accidents. cross. Driving a vehicle inadvertently and exceeding the maximum speed seems to be an immature behavior. However, most drivers are aware of the dangers faced when driving a vehicle over this maximum speed. However, in reality, there are not a few drivers who do this, especially school students, so that many traffic violations cause traffic accidents. Ebit Rudianto, Vivin Indrianita, Mohammad Roesli Copyright (c) 2021 Yurisdiksi: Jurnal Wacana Hukum dan Sains https://creativecommons.org/licenses/by-sa/4.0/ https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/85 Tue, 06 Jul 2021 00:00:00 +0700 Notarist Affairs Reviewed By Law And Notary Department https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/86 According to article 12 letter a of the Notary Law, notaries can be dishonorably dismissedbecause they have been declared bankrupt based on a court decision that has permanent legal force. This dishonorable dismissed is a treatment that is not in accordance with the concept of bankruptcy because the bankruptcy law itself regulates legal remedies to protect the interests of creditors as regulated in article 24 paragraph 1 of the Law on Bankruptcy. So there is a conflict between the two laws regarding the relevance of dismissal of a notary. This journal discusses whether the provisions in article 12 letter a of the Law of Notary do not conflict with Law on bankruptcy relating to the dismissal of a notary person who has been declared bankrupt by the Minister and. The purpose of this journal is to find out whether the provisions in article 12 letter a of the Law on Notary Position are not in conflict with Law on bankruptcy related to whether the notary can be dismissed from his position if he has been declared bankrupt by the court and the decision has permanent legal force. This journal uses the theory of legal certainty and theory of justice. This journal is a normative juridical study using a Legislative and Conceptual Approach. The result of the writing of this journal is that there is an inconsistency between the Law of Notary and Law ong Bankruptcy because the purpose and spirit of the law are different and dismissal of a notary from his position is irrelevant when viewed from the theory of justice and legal certainty.. Filianty, Habib Adjie Copyright (c) 2021 Yurisdiksi: Jurnal Wacana Hukum dan Sains https://creativecommons.org/licenses/by-sa/4.0/ https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/86 Tue, 06 Jul 2021 00:00:00 +0700 Independence of Notary PPAT As Bank Partner https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/87 Notary as a public official who has the authority to make authentic deeds and other deeds mandated by law, where the authentic deeds in accordance with Article 1868 of the Civil Code are deeds made in the form stipulated by law by or in the presence of public officials authorized to that is at the place where the deed was made, and has perfect evidentiary power before a court, unless otherwise stated. In the Bank's operational activities related to the function of the Bank as a channeling institution for funds to the public, it is very necessary to have an authentic deed as a form of legality recognition of the engagement between the Bank and its debtors, and therefore the role of a notary as a partner is urgently needed. However, in the fact, implementation, the Notary must provide an offer to the Bank so that he can enter into a cooperation agreement with the Bank for the preparation of authentic deeds and other matters. The existence of a cooperation agreement between the Bank and the Notary has resulted in the Notary's independence being questioned because it seems as if the Bank can do anything because he is the employer and the Notary is the recipient of the work. Therefore, this study analyzes the level of independence of a notary when he becomes a partner in a bank by conducting research with the juridical-normative method and using a statutory and conceptual approach. The results obtained from this research are the existence of cooperation with the Bank to make the Notary as part of the Bank so that he is not independent in making authentic deeds including in his daily practice both before the cooperation until the time of cooperation. And on this matter, if it is proven that the Notary is not independent, then the authentic deed he has made will become deeds under the hands of the Notary and is threatened by being sued by parties who feel aggrieved by the authentic deed. Hendrik Handoyo Lugito, Nynda Fatmawati Octarina Copyright (c) 2021 Yurisdiksi: Jurnal Wacana Hukum dan Sains https://creativecommons.org/licenses/by-sa/4.0/ https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/87 Tue, 06 Jul 2021 00:00:00 +0700 Implementation of Criminal Law in Indonesia https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/194 The criminal law system is a procedure used to uphold the rule of law and restore order as a result of crimes – acts against the law, committed by mistake, and deserving of punishment. The research method used in this paper is normative juridical law research, namely legal research conducted by examining library materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The purpose of this paper is to examine the implementation of the criminal law system in Indonesia. As for the results of the study, it shows that in the criminal system, sanctions are imposed if a person fulfills the elements of a criminal act as evidenced by the presence of malicious intent (mens rea) from the perpetrator. Reda Manthovani Copyright (c) 2021 Yurisdiksi: Jurnal Wacana Hukum dan Sains https://creativecommons.org/licenses/by-sa/4.0 https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/194 Tue, 30 Mar 2021 00:00:00 +0700