YURISDIKSI : Jurnal Wacana Hukum dan Sains
YURISDIKSI: 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 Printed ISSN 2086-6852 and an Online ISSN 2598-5892, with DOI prefix number: 10.55173. 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.
Faculty of Law, Merdeka University Surabaya, Indonesia
Legal and Criminological Analysis of Cryptocurrency Money Laundering in Supreme Court Cassation Decision
The development of financial technology through blockchain-based crypto assets has given rise to new patterns of economic crime, particularly money laundering offenses. The decentralized, anonymous, and cross-jurisdictional characteristics of crypto assets make them an effective means of concealing the illicit origin of criminal proceeds. Within the national legal framework, the regulation of money laundering under Law Number 8 of 2010 has not explicitly accommodated crypto asset transactions, resulting in normative gaps and legal uncertainty. These issues are reflected in the Supreme Court of the Republic of Indonesia Cassation Decision Number 2029 K/Pid.Sus/2023 concerning Indra Kesuma, also known as Indra Kenz. This study aims to analyze the legal reasoning underlying judicial decisions in money laundering cases involving crypto asset-based schemes and to formulate regulatory reform of money laundering laws based on a cyber criminology approach. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that judges adopted a progressive interpretation of Article 1 paragraph (1), Article 3, and Article 4 of the Anti-Money Laundering Law by qualifying crypto assets as proceeds of crime. The cyber criminology approach underscores the necessity of digital evidentiary systems and a comprehensive understanding of blockchain technology. Furthermore, existing regulations remain inadequate, necessitating normative reform that includes the definition of crypto assets, obligations for reporting suspicious transactions, and the integration of on-chain Know Your Customer (KYC) mechanisms to ensure legal certainty and effective law enforcement.
Copyright (c) 2026 Aria Perkasa Utama, Setiawan Noerdajasakti, Fachrizal Afandi https://creativecommons.org/licenses/by-sa/4.0
Legal Protection of Workers In Employment Termination Disputes Without Judicial Review
This study examines legal uncertainty in the resolution of employment termination disputes resulting from the absence of regulation on the extraordinary legal remedy of judicial review (Peninjauan Kembali) under Law Number 2 of 2004 on the Settlement of Industrial Relations Disputes. The research gap lies in the lack of normative analysis explaining the legal rationale and implications of excluding judicial review, despite its recognition in general civil procedural law and judicial practice. This study offers novelty by conceptualizing the exclusion of judicial review as a deliberate legislative policy to ensure finality and expedited dispute resolution in industrial relations. Employing a normative legal research method with statutory and conceptual approaches, the study finds that positioning cassation as the final and binding legal remedy is intended to provide legal certainty and prevent prolonged disputes. Legal protection for workers is achieved when cassation decisions consistently deliver clear legal reasoning and definitive rulings on the fulfillment of workers’ normative rights. Accordingly, consistent treatment of cassation as the ultimate legal remedy is essential to ensuring legal certainty and effective legal protection in employment termination disputes.
Legal Protection, Termination of Employment (PHK), Judicial Review, Legal Certainty.
Copyright (c) 2026 Notodiguno -, Budi Santoso, Sugeng Santoso PN https://creativecommons.org/licenses/by-sa/4.0
Analysis of Priority Criteria In Offering Special Mining Business Permit Areas (WIUPK) To Religious Community Organizations
This study examines the legal implications and urgency of setting priority criteria for the offering of Special Mining Business License Areas (WIUPK) to Religious Community Organization-Owned Enterprises (BU-OMK) as stipulated in Article 83A of Law Number 3 of 2020 and Article 75 of Government Regulation Number 96 of 2021. The main focus of the study lies in the lack of norms governing priority parameters, including aspects of feasibility, operational capacity, and verification mechanisms for BU-OMK. Using a normative juridical method based on analysis of laws and regulations and the principles of good mining governance, this study finds that this lack of regulation creates legal uncertainty and opens up broad scope for interpretation for decision-makers. As a result, there is potential for unequal treatment, conflicts of interest, and abuse of power in the process of granting WIUPK. This study also shows that giving priority to BU-OMK is a form of positive discriminatory policy (affirmative discrimination) that is theoretically justifiable, as long as it is implemented through a proportional, objective, and accountable mechanism. However, without clear priority criteria-including legality of the business entity, financial capability, technical capacity, environmental protection assurance, and governance integrity—this policy risks inefficiency and potential irregularities, including the use of BU-OMK as intermediaries for certain interests (beneficial ownership risks). Therefore, this study emphasizes the need for the establishment of comprehensive, auditable derivative regulations that align with the principles of government administrative law to ensure the effectiveness, accountability, and sustainability of the WIUPK bidding policy.
Religious Community Organization-Owned Enterprises, Good Mining Governance, Affirmative Discrimination, Legal Certainty, Mining Licensing
Copyright (c) 2025 Firlia Nurani Rakhman, Hanif Nur Widhiyanti, Tri Sulistiowarni https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Regulating Priority Rights for Former Land Rights Holders Over Management Rights
Regulations regarding management rights are still considered sporadic and fragmented, making the substance of management rights difficult to understand. One of the authorities of the holder of management rights is to use and utilize all or part of the land with management rights for their own use or in collaboration with third parties through land utilization agreements. Third parties can utilize the part of the land that is collaborated with the right to cultivate, right to build, or right to use. As is known, land rights can be granted over state land and management rights. If the term of land rights over state land expires, the former holder of the land rights is given priority rights to extend the land rights. This is different from land rights over management rights, where currently there are no regulations regarding the granting of priority rights to former rights holders. Third parties who utilize land with management rights properly and in accordance with spatial plans should be given priority rights to extend the land rights over management rights. This type of research is normative legal research with a statutory regulatory approach, a case approach, a conceptual approach, and a historical approach. The results of this study indicate that there is an urgency to regulate the priority rights of former holders of land rights over management rights, considering that the substance of management rights is part of the state's right to control. Thus, the characteristics of management rights in the context of land use agreements by third parties are in line with the objectives of the state's right to control, namely for the greatest prosperity of the people.
Priority Rights; Former Rights Holders; Management
Copyright (c) 2026 Maratul Muslimatus Salimah, Imam Koeswahyono, Bambang Eko Supriyadi https://creativecommons.org/licenses/by-sa/4.0
The Food Mafia as Food Cartels under Competition Law:An Analysis of KPPU Decisions in the Staple Food Sector
The term food mafia is a popular expression that refers to the control of supply chains and prices of essential food commodities by a coordinated group of business actors. From the perspective of competition law in Indonesia, this practice closely resembles the structure and behavior of a cartel, which is clearly prohibited under Law Number 5 of 1999. This article examines the extent to which food mafia practices can be classified as food cartels within the legal framework of competition law, and how the Business Competition Supervisory Commission (KPPU) has proven and addressed these practices in its decisions. Using a normative juridical method with a legal and case study approach, this research focuses on two major decisions: Number 24 KPPU I 2009 on the cooking oil cartel and Number 05 KPPU I 2013 on garlic importation. The analysis shows that food mafia practices can be legally framed as cartels when evidence of agreement or coordinated conduct among business actors is established. However, complex regulations and limited evidentiary tools pose challenges for law enforcement. The study concludes that the cartel framework is important for explaining the food mafia phenomenon, but its effectiveness depends on the strength of economic and legal proof built by KPPU, as well as more coherent regulations to support consumer protection and food security.
Copyright (c) 2025 Tanudjaja, Arief Budiman, Golkar Pangarso Rahardjo Winarsadi https://creativecommons.org/licenses/by-sa/4.0
Case Dismissal on Public Interest Grounds in Criminal Offenses Involving Medical-Use Cannabis
The authority of the Attorney General to dismiss cases (seponeering) under Article 35 paragraph (1) letter c of Law Number 11 of 2021 represents the application of the opportunity principle in prosecution for the sake of public interest. The development of international research and policies, including the 2020 WHO recommendation concerning the medical and economic potential of cannabis, has created an urgent need to reform law enforcement policies regarding narcotic crimes involving cannabis for medical purposes. This study aims to assess the implementation of the opportunity principle in the context of protecting the public interest in the right to health as guaranteed under Articles 28A and 28H of the 1945 Constitution. The research employs a normative legal method with statutory and conceptual approaches by analyzing prosecutorial regulations, narcotics law, and doctrines of public interest and social justice. The findings indicate that the opportunity principle is a fundamental principle in controlling prosecution that must prioritize public benefit, non-discrimination, and the protection of citizens' constitutional rights. The application of seponeering in cases involving medical cannabis is justified as long as it is grounded in public health benefits, economic potential, and the broader interests of society. This study recommends the establishment of transparent prosecutorial guidelines in assessing public interest, enhanced inter-agency coordination in medical cannabis research, and harmonization of narcotics policies to ensure that the implementation of the opportunity principle is not influenced by political interests but truly serves as an instrument of social justice.
Seponeering, Principle of Opportunity, Medical Cannabis, Public Interest.
Copyright (c) 2025 Septiawan Ridho Permadi, Milda Istiqomah, Fachrizal Afandi https://creativecommons.org/licenses/by-sa/4.0
Execution of Restitution for Child Victims of Criminal Acts (A Study at the Grobogan District Prosecutor’s Office)
This study aims to analyze the regulatory framework and implementation of restitution enforcement for child victims of criminal acts, with specific emphasis on the authority of Public Prosecutors at the Grobogan District Prosecutor’s Office. Restitution is a fundamental right granted to victims under the Child Protection Law and Law Number 12 of 2022 concerning Sexual Violence Crimes, designed to restore the material and immaterial losses suffered by children due to criminal acts. The law establishes the perpetrator’s responsibility to provide restitution and allows substitute imprisonment when the payment obligation is not fulfilled. This research applies a socio-legal methodology by integrating normative legal analysis with empirical examination of how restitution is implemented in practice. Such an approach allows the researcher to assess the compatibility between legal norms and their actual enforcement in safeguarding child victims’ rights. The findings reveal persistent challenges in restitution execution, including complicated procedures for filing applications with the Witness and Victim Protection Agency (LPSK), strict evidentiary requirements, limited victim awareness, and the absence of detailed technical guidelines for asset seizure to guarantee payment. When perpetrators fail to compensate, state-funded compensation is necessary to uphold victim protection. Therefore, strengthening restorative justice principles, enhancing coordination among law enforcement institutions, and ensuring clearer execution mechanisms are essential to guarantee legal certainty and fulfillment of restitution rights within Indonesia’s criminal justice system.
Execution, Restitution, Child Victims, Criminal Acts.
Copyright (c) 2025 Thesa Tamara Santoyo, Abdul Rachmad Budiono, Fachrizal Afandi https://creativecommons.org/licenses/by-sa/4.0
Conceptualization of Crypto Asset As A Collateral Object In Indonesian Positive Law
The development of digital technology has given rise to crypto assets as a new form of digital wealth with economic value and can be legally traded in Indonesia, based on Bappebti regulations. However, their legal status as fiduciary collateral remains controversial because Indonesian property law does not fully accommodate intangible assets such as crypto assets. This study aims to analyze the feasibility of crypto assets as fiduciary collateral from the perspective of Indonesian positive law, using normative juridical research methods through legislative and conceptual approaches. The results show that functionally, crypto assets fulfill the characteristics of objects in collateral law, as they have economic value, can be legally transferred, and can be used as a basis for debt repayment. However, the lack of a mechanism for registration, assessment, and execution of digital collateral creates legal uncertainty in financing practices. Comparisons with other countries such as Switzerland, the United States, and Singapore indicate that the successful recognition of crypto assets as collateral depends heavily on a clear legal framework governing ownership protection and oversight mechanisms. In the Indonesian context, Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (P2SK) provides an opportunity for reform by expanding the authority of the Financial Services Authority (OJK) in regulating digital financial assets. Therefore, harmonization of the Civil Code, the Fiduciary Guarantee Law, the P2SK Law, and Bappebti regulations is necessary to ensure that crypto assets can be legally and effectively accommodated as collateral. With appropriate regulations, national law will be able to adapt to digital innovation without sacrificing the principles of legal certainty, justice, and expediency.
Crypto Assets, Collateral Objects, Fiduciary, Legal Certainty
Copyright (c) 2026 Firda Shafira, Hanif Nur Widhiyanti, Stephanie Wilamarta https://creativecommons.org/licenses/by-sa/4.0
Notarial Use of Electronic Signatures: A Comparative Study of Indonesia and South Korea
The advancement of digital technology has significantly transformed notarial practices, particularly regarding the use of electronic signatures in the creation of authentic deeds. This study provides a normative legal analysis comparing the regulation of electronic signatures by notaries in Indonesia and South Korea, focusing on legal certainty, document validity, and authenticity. In Indonesia, the regulation is governed by Law Number 11 of 2008 on Electronic Information and Transactions as last amended by Law Number 1 of 2024, Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions, and the Notary Position Act (UUJN), which requires that deeds be signed in the physical presence of a notary. Meanwhile, South Korea comprehensively regulates this matter through the Electronic Signature Act (ESA) and the Notary Act, which authorizes notaries to use certified electronic signatures supported by a government-integrated digital verification system. This research employs a normative juridical approach with comparative legal analysis to examine the alignment and divergence of legal norms between the two countries, as well as their relation to the authenticity principle of deeds as stipulated in Article 1868 of the Indonesian Civil Code. The findings reveal that South Korea has fully implemented electronic signatures in notarial practice through robust legal and technological infrastructure, whereas Indonesia still faces normative conflicts among the ITE Law, the Notary Position Act, and the Civil Code. Therefore, regulatory harmonization is necessary to ensure that Indonesia's notarial system can transition toward digitalization while preserving authenticity and legal certainty.
Authentic deed; comparative law; electronic signature; legal certainty; notary
Copyright (c) 2025 Klaura Dwi Kinasih, Patricia Audrey Ruslijanto, Diana Ria Winata Napitupulu https://creativecommons.org/licenses/by-sa/4.0
Legal Status of Shareholder Agreements on GMS Quorum Deviations
This study examines the legal status of the shareholders agreement, which regulates the quorum of the General Meeting of Shareholders (GMS) differently from the provisions of the Limited Liability Company Law (UUPT) and the Company's Articles of Association (AD), with a case study of a share ownership dispute and the implementation of the GMS at PT Indo Mineralita Prima. The dispute began with the sale and purchase of shares based on a share pledge agreement, which then resulted in a secret transfer of ownership and the implementation of the GMS without notification to one of the shareholders. The shareholders had previously agreed to a shareholders agreement that required that changes to the Board of Directors and Board of Commissioners must be approved by 100% of the shareholders. However, in practice, some shareholders made changes to the company's structure, share transfers, and capital increases without following these provisions. This gave rise to a lawsuit for breach of contract by PT Investasi Internasional Indonesia, as the 28% shareholder, who felt aggrieved due to share dilution and decision-making without a valid quorum. The Panel of Judges in its decision stated that the defendants had committed a breach of contract and annulled several GMS deeds as a result of the violation of the shareholders agreement. However, the author's analysis shows that the shareholder agreement cannot override the Company Law and the Articles of Association, so that the 100% quorum requirement, which is not regulated in the Articles of Association, is not binding on the company. Therefore, the shareholder agreement is only legally binding on the parties as long as it does not conflict with statutory regulations and the Articles of Association. This research emphasizes the importance of harmonizing private shareholder agreements and corporate law to create legal certainty in corporate governance.
Legal Status, Agreement, Shareholders, GMS Quorum, Articles of Association
Copyright (c) 2025 Susiani, Budi Santoso, Satria Amiputra Amimakmur https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Housing Developers under Protected Rice Field Policy
This research examines the legal implications arising from the unilateral conversion of land ownership status into Protected Rice Fields (Lahan Sawah Dilindungi or LSD) in Madiun Regency following the issuance of the Decree of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (Decree of the Minister of ATR/BPN) Number 1589/SK-HK.02.01/XII/2021 of 2021. The designation creates legal uncertainty for housing developers who had previously obtained legal land rights based on Regional Regulation Number 9 of 2011 concerning the Spatial Plan of Madiun Regency for 2009–2029. The absence of synchronization between the LSD policy and the Regional Spatial Plan (RTRW) generates normative inconsistencies, resulting in legal and economic losses for developers. This study, therefore, seeks to analyze the legal status of the LSD designation and the forms of legal protection available for affected developers. Using a normative juridical method with statute, conceptual, and case approaches, the research analyzes primary, secondary, and tertiary legal materials through descriptive-analytical techniques employing grammatical and systematic interpretation. The findings show that the legal position of the Ministerial Decree is problematic in both authority and hierarchy. Although the Ministry of ATR/BPN possesses attributive authority to establish LSD, implementing such designation without harmonization with regional spatial planning constitutes an overextension of authority and ignores decentralization principles. As a result, the decree holds weak normative force and should be considered an administrative policy requiring alignment with regional regulations. Furthermore, legal protection for developers may be provided preventively through regulatory harmonization between RTRW and LSD policies, and repressively through administrative remedies or judicial review before the Administrative Court (PTUN), including claims based on on-rechtmatige overheidsdaad.
Protected Rice Fields (LSD), spatial planning, legal protection, administrative law, land-use conflict, ATR/BPN
Copyright (c) 2026 Nolanda Fadiahaya Trigosa, Herlindah, Indah Dwi Qurbani https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Obligation To Establish A Legal Entity For Foreign Over-The-Top (OTT) Service In Indonesia
This study evaluates the effectiveness and legal urgency of requiring foreign Over-the-Top (OTT) service providers to establish a legal entity in Indonesia. The existing regulatory framework—comprising the Income Tax Law, the Harmonization of Tax Regulations Law, and Circular Letter No. 3/2016—remains limited and has not fully adapted to digital economic realities, particularly the principle of significant economic presence. Using a normative juridical method combined with Economic Analysis of Law, this study finds that foreign OTT operations have created legal uncertainty due to regulatory fragmentation, lack of physical presence requirements, and weak enforceability. Comparative analysis with the U.S. economic nexus model demonstrates the need for Indonesia to shift towards digital presence–based taxation. The study concludes that harmonizing tax, communications, and trade regulations—supported by risk‑based and adaptive digital governance—is essential to strengthening fiscal justice, consumer protection, and national digital sovereignty.
Urgency, Legal Entity, Foreign Over The Top, Indonesia
Copyright (c) 2025 Mohamad Ibadi, Sukarmi, Patricia Audrey Ruslijanto https://creativecommons.org/licenses/by-sa/4.0
Business Licensing Obligations for E-Commerce under Government Regulation No. 80/2019
This study examines the discrepancy between das sollen and das sein regarding the obligation to register a business license as mandated in Article 15(1) of Government Regulation Number 80 of 2019. Although the regulation requires all business actors to register their licenses with the Central Government, its implementation in Malang City remains ineffective. Of approximately 85,200 MSMEs, only about 22,000 had obtained official licenses by 2024. The study addresses two issues: (1) the factors contributing to the low compliance of micro-enterprise actors with licensing requirements, and (2) the legal implications for those operating without a business license. Using a socio-legal method with a juridical-sociological approach, the research relies on primary and secondary data collected through fieldwork and literature study. The sample consists of 13 respondents and 2 key informants, analyzed qualitatively. The findings reveal that the main cause of ineffective implementation is the low level of legal awareness and knowledge among micro-enterprise actors. Eight respondents were unaware of the obligation to register with the Disnaker PMPTSP of Malang City, while five respondents were aware but had not complied. This demonstrates that regulatory implementation has not been optimal. The legal implications for non-compliant business actors include the loss of legal validity of their operations and the potential imposition of administrative sanctions under applicable laws.
Business License, Trading Activities, Electronic Systems, Government Regulations.
Copyright (c) 2025 Achmad Haekal, Sudarsono, Shinta Hadiyantina https://creativecommons.org/licenses/by-sa/4.0
Implementation of The Obligation To Provide Free Notarial Services For Underprivate People In Malang
The implementation of the obligation to provide free notarial services in Malang City has not been effective as mandated in Article 37 paragraph (1) of Law Number 2 of 2014 concerning the Notary Position (UUJN). The provisions that emphasize the obligation of notaries to provide free legal services to the underprivileged have not been fully implemented due to the absence of implementing regulations governing the mechanism, recipient criteria, and supervision procedures. The results of the study indicate that most notaries only provide pro bono services to clients whose economic conditions are known, so that implementation is subjective, sporadic, and non-standardized. The main obstacles in its implementation are divided into three aspects, namely structural, normative, and sociological. From the structural side, the lack of public knowledge and the absence of technical guidelines are the main obstacles. From the normative aspect, there is no clear definition regarding the criteria for "underprivileged people" and the types of deeds included in the obligation for free services. Meanwhile, from the sociological aspect, the low level of social awareness and professionalism of notaries also worsens the effectiveness of implementation. This disharmony between legal ideals and empirical reality hinders the realization of the principles of certainty, benefit, and justice in notarial services. Therefore, comprehensive implementing regulations are needed from the Ministry of Law and Human Rights and the Indonesian Notaries Association to ensure the effective, accountable, and equitable implementation of pro bono notarial obligations across the region.
Copyright (c) 2026 Arsy Azhura, Istislam, R. Imam Rahmat Sjafi'i https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty of The Temporary Abolition of Rights Under Article 53 Paragraph (1) of Agrarian Law
This study discusses legal certainty in the elimination of temporary rights, namely mortgage rights, profit-sharing rights, right to ride, and agricultural land lease rights, based on Article 53 paragraph (1) of the Basic Agrarian Law (UUPA). These temporary rights are a legacy of the colonial and customary systems that still give rise to legal uncertainty and agrarian conflicts. This study uses a normative-juridical approach with a literature study of laws and regulations, legal doctrine, and literature related to the principle of legal certainty. The results of the study indicate that the elimination of temporary rights must be implemented with the principle of legal certainty that emphasizes clarity of norms, consistency of application, and procedural openness. Legal certainty, as explained by Jan Michiel Otto, refers not only to the existence of written rules, but also to the effectiveness of implementation and real benefits for the community. In the context of Article 53 of the UUPA, the elimination of temporary rights must be accompanied by the transfer of rights to more permanent and registered forms of rights, such as ownership rights or use rights, thereby providing legal guarantees for farmers and the beneficiary community. This study emphasizes that the principle of legal certainty plays a strategic role in preventing arbitrary practices, reducing agrarian conflicts, and realizing social justice. With clear and consistent regulations, the elimination of temporary rights can support equitable land ownership, strengthen legal legitimacy, and improve public welfare. These findings suggest that the successful implementation of Article 53 of the UUPA depends heavily on the harmonization of written regulations, administrative practices, and public understanding of agricultural rights.
Legal certainty, temporary rights, elimination of rights, UUPA, agricultural rights
Copyright (c) 2025 Alivia Febriyanti, M. Hamidi Masykur, Bambang Eko Supriyadi https://creativecommons.org/licenses/by-sa/4.0
Civil Law: Inheritance Law According To The Civil Code
Inheritance law is an important part of civil law that regulates the transfer of a person's assets after death to their heirs. In the Indonesian legal system, there are three applicable inheritance laws: Western civil inheritance law (KUHPerdata), Islamic inheritance law, and customary inheritance law. This article discusses inheritance law according toCivil Code(Civil Code) which is a legacy of Dutch law and is still in effect today. Research purposesThis study aims to analyze the inheritance law provisions in the Civil Code, explain the applicable inheritance principles and principles, and outline the status of heirs and the inheritance distribution mechanism based on positive law provisions. This research is expected to contribute to the development of civil law and serve as a reference in the practice of resolving inheritance disputes in Indonesia.This study uses a normative approach by analyzing provisions in the Civil Code and legal doctrines from experts. The analysis shows that the civil inheritance law system emphasizes the principles of individualism, freedom of will, and protection of the rights of certain heirs through legitimate institutions.
Copyright (c) 2025 Sulistyani Eka Lestari https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Individual Companies in Supporting the Development of Micro and Small Enterprises in Indonesia
This research aims to analyze the legal aspects of individual companies in supporting the development of micro and small enterprises (UMK) in Indonesia. Individual companies, which were introduced through Law Number 11 of 2020 concerning Job Creation and have been amended by Law Number 6 of 2023, offer convenience for MSEs in establishing legal entities. However, individual companies still face various legal obstacles that can hinder their effectiveness. This research identifies and evaluates these obstacles, including lack of clarity in regulations, conflicts of interest, and issues of owner responsibility and accountability. Through legal and conceptual approaches, this research examines the legal barriers of individual companies to the development of MSEs and provides recommendations for overcoming existing barriers. It is hoped that the findings from this research can contribute to the development of a legal framework that is more supportive for individual companies in order to advance MSEs in Indonesia.
Copyright (c) 2025 Ullia, Mohammad Roesli, Sri Anggraini Kusuma Dewi, Sulistyani Eka Lestari https://creativecommons.org/licenses/by-sa/4.0
The Constitutional Rights of Children Born Wedlock As Legal Subjects
This study examines legal subjects, focusing on illegitimate children as legal subjects in the Indonesian legal system. Legal subjects include individuals or legal entities with legally recognized rights and obligations. In this context, children, as human beings, are legal subjects with basic rights guaranteed by the 1945 Constitution and related laws and regulations, including the Child Protection Law and the Marriage Law. Illegitimate children, born from unregistered marriages, often face challenges in legal recognition and the fulfillment of their rights. However, Indonesian law emphasizes that parents' marital status should not be a basis for discrimination against children, so that illegitimate children still have the right to legal recognition, identity, protection, and access to social, economic, and educational rights. This study emphasizes the importance of the principles of justice and legal certainty in providing protection for all legal subjects, including illegitimate children, to ensure their rights are fulfilled fairly and equitably. Thus, legal recognition of illegitimate children not only reflects compliance with national and international legal provisions but also supports the creation of social justice and child welfare. This research is expected to form the basis for a deeper understanding of the role of law in protecting children's rights as legal subjects without discrimination, as well as providing recommendations for more inclusive legal practices and policies.
Constitutional Rights, Children Born Out of Wedlock, Legal Subjects
Copyright (c) 2025 Standy Wico, Rachmi Sulistyarini, Satria Amiputra Amimakmur https://creativecommons.org/licenses/by-sa/4.0
The Principle of Fault In Absolute Responsibility For Environmental Crimes (Study of Decision Number 107/PDT.G/Lh/2019/PN JMB)
The environment holds an important position in the Indonesian legal system as stipulated in Article 28H paragraph (1) and Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia, which guarantees the right to a good and healthy environment. However, the increasing number of corporate activities that cause environmental pollution and damage raises fundamental issues related to criminal liability. Classical criminal law adheres to the principle of fault (mens rea), namely that a person can only be punished if they have intent (dolus) or negligence (culpa). The application of this principle becomes problematic when the perpetrator is a corporation that does not have an inner will like humans. To address this, Law Number 32 of 2009 concerning Environmental Protection and Management introduced the principle of strict liability, which allows for criminal punishment without proving the element of fault if environmental pollution or damage is proven to have occurred. This study analyzes the application of the principle of fault and the principle of strict liability in the Jambi District Court Decision Number 107/Pdt.G/LH/2019/PN Jmb using a juridical-normative method with a statutory and case approach. The study's findings indicate that the application of strict liability in the decision reflects a paradigm shift in environmental criminal law from a fault-based model to a system of accountability oriented toward ecological protection. While this principle strengthens the victim's position and the effectiveness of environmental law, it has also generated debate because it potentially undermines the principle of geen straf zonder schuld (no crime without fault).
Principle of Fault, Absolute Liability, Corporation
Copyright (c) 2025 Fitria Wildasari, Tongat https://creativecommons.org/licenses/by-sa/4.0
The Scope of Supervision By The Heritage Over The Use of Assets By Persons Under Guardianship
The Estates Office (BHP) is a colonial legacy institution that continues to exist in the Indonesian legal system, with the authority to manage inherited assets, oversee guardianships, and implement trusts. This study aims to analyze the BHP's authority in overseeing trusts, the role of notaries and PPATs in supporting the legality of legal actions, and Limitations on the use of assets by guardians for the benefit of those under guardianship. The method used is socio-legal research with a legal and conceptual sociology approach, through a case study at the Surabaya Legal Trust Agency (BHP). The results of the study indicate that BHP has a strategic role as a supervisory guardian to ensure that the guardian carries out its obligations in accordance with the law, protects the rights of parties who are legally incompetent, and prevents abuse of authority. However, the effectiveness of supervision is still hampered by limited human resources, undigitized administrative infrastructure, difficulties in cross-agency coordination, and legal gaps regarding sanctions for negligent guardians. Concrete cases demonstrate negligence by guardians that impacts the fulfillment of the needs of the custodial party, demonstrating the weakness of existing technical regulations. This study emphasizes the importance of reformulating regulations regarding guardianship, strengthening the capacity of BHP, accelerating digitalization, and optimizing inter-agency cooperation to increase the effectiveness of supervision. Thus, BHP can function optimally as a state instrument in providing substantive legal protection for vulnerable parties, while realizing the principles of legal certainty, justice, and benefit.
Copyright (c) 2025 Fairuszia Carista Syukroini Putri, Iwan Permadi, Arini Jauharoh https://creativecommons.org/licenses/by-sa/4.0
Paradigm Transformation in Land Area of Plantation Cultivation Right from Agrarian Basic Law to Job Creation Law
The regulation of land area for plantation cultivation rights (Hak Guna Usaha/HGU) has changed from 1960 to 2023. Paradigm theory is one of the theories that examines why and what reasons lie behind written regulations. When legal changes occur, a paradigm shift also takes place. This article addresses the issue of what paradigm is used to determine the land area for plantation cultivation rights in several laws and whether a paradigm shift has occurred. A normative research method is chosen to examine the provisions regarding the land area of cultivation rights in four laws. The analysis uses a systematic, conceptual, and historical approach. This study shows a shift in paradigm in the granting of cultivation rights, particularly from 1960, which emphasized social justice, to 2023, which prioritizes economic interests.
Cultivation Rights, Plantation, Land Area, Paradigm.
Copyright (c) 2025 setiawan wicaksono, Imam Koeswahyono, Iwan Permadi, Hanif Nur Widhiyanti https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty in the Granting of Land Rights to Indigenous Law Communities in Coastal Areas
The Indonesian Constitution, through Article 18B paragraph (2), Article 28I paragraph (3), and Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, expressly mandates the recognition and respect of indigenous legal communities (MHA) and their traditional rights, and places natural resources under the control of the state for the greatest prosperity of the people. However, current positive legal practices show inconsistencies, particularly in the provisions of Article 22 of the Coastal Areas and Small Islands Law, which has been amended through the Job Creation Law with Article 138 paragraph (4) of Government Regulation Number 21 of 2021. This inconsistency has an impact on legal uncertainty in MHA management areas, the potential for criminalization of coastal indigenous communities, conflicts of authority between ministries, and the neglect of the principle of legal pluralism guaranteed by the constitution. This research uses a normative juridical method with a statutory and conceptual regulatory approach, supported by primary, secondary, and tertiary legal materials that are analyzed prescriptively through systematic and teleological interpretation. The research findings indicate that an ideal formulation of ius constituendum is needed through a paradigm shift in natural resource management from state-based to community-based, automatic recognition of indigenous peoples' (MHA) management areas, legal certainty in the RTRW (Regional Spatial Plan), preventive and repressive legal protection, and the establishment of customary territory management institutions. These regulations are crucial for realizing a national legal system that guarantees legal certainty, substantive justice, social benefits, and the sustainability of coastal ecosystems.
Customary Law Communities, Coastal Areas, Legal Certainty, Land Rights, Ius Constituendum
Copyright (c) 2025 Rizky Alif Akbar, I Nyoman Nurjaya, Mohammad Hamidi Masykur https://creativecommons.org/licenses/by-sa/4.0
Settlement of Workers’ Entitlements To Other Wage Components In The Event of Corporate Bankruptcy
This thesis discusses the rights of workers in bankruptcy situations which have been regulated in the Manpower Law and the Bankruptcy Law, but their implementation still faces obstacles, especially related to the priority order of payments when compared to other creditors. Constitutional Court Decision Number 67/PUU-XI/2013 confirms that the obligation to pay wages to workers must take priority over all other types of creditors, including separatist creditors. This study aims to answer two problem formulations: (1) Are workers who experience termination of employment (PHK) due to the company going bankrupt in their position as preferred creditors entitled to other wages that have not been paid? and (2) How is the mechanism for payment of workers' rights to other wages that have not been paid compared to other creditors in the bankruptcy process. The research method used is normative juridical with a statutory, conceptual, and comparative approach. The results of the study show that workers who experience termination of employment (PHK) due to the company going bankrupt have the position of preferred creditors as regulated in Article 95 paragraph (4) of the Manpower Law and Article 39 paragraph (2) of Law Number 37 of 2004 concerning Bankruptcy and PKPU. This position gives priority rights to workers for payment of wages, including other wages that have not been paid. Thus, workers are entitled to other wages even though the company is in a state of bankruptcy, as long as it is recognized in the list of receivables. In the bankruptcy process, the mechanism for payment of workers' rights takes priority over concurrent creditors, but does not necessarily exclude separatist creditors (holders of property security rights). The order of payment begins with the settlement of bankruptcy costs, then workers' rights, only after that the remaining bankruptcy assets are used to pay separatist and concurrent creditors. With this mechanism, workers obtain legal protection for their wage rights, although in practice there are often obstacles due to the limited value of the available bankruptcy assets.
Copyright (c) 2025 Mochamad Ilham, Budi Santoso, Sugeng Santoso Pudyo N https://creativecommons.org/licenses/by-sa/4.0
The Legal Framework Construction For Regulating Non-Judge Mediators Outside The Court
This thesis discusses the basic legal construction of the regulation of non-judgmental mediators outside the court, with a focus on the incompleteness of the regulations in Articles 4, 11, and 36 of Supreme Court Regulation (Perma) No. 1 of 2016. These provisions do not adequately regulate the position, authority, and responsibilities of non-judgmental mediators, thus creating legal uncertainty and potentially weakening the legitimacy of non-litigation mediation results. This study aims to answer two research problems: (1) the urgency of establishing legal regulations regarding non-judgmental mediators outside the court; and (2) the appropriate basic legal construction for the regulation. The research method used is normative juridical with a statutory, conceptual, and comparative approach. The results of the study indicate that the urgency of establishing new regulations lies in the need to guarantee legal certainty, strengthen the position of mediators, and increase the effectiveness of mediation as an alternative dispute resolution. Based on Gustav Radbruch's theory of legal certainty, the current regulations do not fulfill the principle of legal certainty. Therefore, it is necessary to amend Articles 11 and 36 of Perma No. 1 of 2016, which covers the qualifications, legal status, accreditation, supervision, code of ethics, and accountability of non-judge mediators. This construction is based on Singapore's Mediation Act 2017 and analyzed using Maria Farida's legal theory. This proposal is expected to provide legal certainty and strengthen the non-litigation mediation system in Indonesia.
Copyright (c) 2025 Azahra Hajar Gautama, Reka Dewantara, Hamidi Masykur https://creativecommons.org/licenses/by-sa/4.0
Right To Restitution For Victims of Human Trafficking Criminal ACTS
The aim is to find out about the Judge's Considerations in Deciding on the Right to Restitution in Decision Number 738/Pid.Sus/2023/Pt Sby) according to Positive Law. The research method used in the research carried out is the Normative Juridical legal research method, also called normative legal research or doctrinal legal research. Results of the Surabaya High Court Decision Number 738/PID.SUS/2023/PT SBY The judge's consideration in granting restitution to the victim was in accordance with the law and justice for the victim.
Copyright (c) 2025 Widi Purnomo, Bastianto Nugroho, Adies Kadir https://creativecommons.org/licenses/by-sa/4.0
The Effectiveness of The Supervision By The Regional Supervisory Council Over Notaries Based On Article 67 Paragraph (5) of The Notary Office Act
This study examines the effectiveness of supervision by the Malang Raya Regional Supervisory Council (MPD) on the behavior and implementation of notary positions based on Article 67 paragraph (5) of the Notary Position Law. The background of the study is that there are still notaries who do not carry out their duties according to the provisions, so that effective supervision is important. The study uses an empirical method (sociolegal) with a legal and conceptual sociology approach, through interviews, observations, and literature studies. The results of the study indicate that supervision by the MPD is normatively in accordance with the rules, but in practice it is not optimal. Limited intensity, the absence of supervisory mechanisms at times, and a focus more on administrative aspects than professional ethics make the effectiveness of supervision low. The main obstacles include the lack of MPD members, the absence of firm sanctions, and low awareness of notaries. As a result, supervision does not fully reflect the principles of accountability, transparency, and the function of professional development. The study concludes that institutional strengthening, consistent enforcement of sanctions, and ethical development are needed to improve notary professionalism.
Copyright (c) 2025 Intan Nirmala Ramadhani, Hanif Nur Widhiyanti, Diah Aju Wisnuwardhani https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Illegal Animal Trade In Surabaya
The aim of the research is to determine the legal protection for criminal acts in the trade in protected animals in Surabaya. The research method is normative juridical research, namely research that describes in detail the social phenomena that are the main problems in everyday life in relation to the applicable positive criminal law regulations. The results of criminal law enforcement regarding the protection of protected wild animals, especially those that occurred in the Surabaya District Court area with Case Register Number 2451/Pid.B/LH/2023/PN Sby, show efforts to enforce criminal law, namely declaring defendant I MUHAMMAD SOFYAN UMAR, defendant II INDRI SETIAWAN, and defendant II BENI KRISTIANTO have been legally and convincingly proven guilty of committing the criminal act of participating in intentionally keeping and trading in protected animals while alive, guilty and possibly guilty of committing the criminal act of "trafficking in protected animals while alive".
Copyright (c) 2025 Muhammad Faishal Mahdy, M. Hidayat, Priambodo Adi Wibowo https://creativecommons.org/licenses/by-sa/4.0
Legal Protection of Land Ownership Rights In Conflicts With The Kendari Forest Area
This study examines the agrarian conflict in Tanea Village, South Konawe Regency, Southeast Sulawesi, which originated from an overlap between community ownership certificates and claims to protected forest areas based on the Decree of the Minister of Agriculture No. 639/Kpts/Um/9/1982 (TGHK). The designation of forest areas without community involvement has created legal uncertainty, restricted access, and the potential for criminalization of farmers. This study uses a socio-legal method with a sociological juridical approach through a normative review of regulations (UUPA, Forestry Law, PP 23/2021, PP 43/2021, Permen LHK 7/2021, MK Decision No. 34/PUU-IX/2011) as well as an empirical study of rights holders, BPN officials, BPKH, and agrarian-forestry experts. The results show that the conflict was triggered by regulatory disharmony, data asymmetry between agencies, dualism of authority, weak evidence of ownership, and the absence of community participation in determining area boundaries. Legal protection efforts can be pursued preventively through negotiation, mediation, and regulatory boundary change mechanisms, or repressively through lawsuits to the State Administrative Court (PTUN). This research emphasizes the importance of community participation in forest boundary inventory, optimizing the One Map Policy, and synchronizing digital data between agencies to achieve fair and balanced legal certainty for both the community and the state.
Copyright (c) 2025 Muhammad Takeshi Yusran, Imam Koeswahyono, Indah Dwi Qurbani https://creativecommons.org/licenses/by-sa/4.0
Legal Review of The Criminal Act of Defamation Through Writing
The aim of the research is to determine the application of the law to criminal acts of defamation through writing. The research method is normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a juridical philosophical sense. The basic results of the judge's legal considerations in deciding criminal defamation cases. There are proven facts in the elements of Article 311 paragraph (1) of the Criminal Code, in this case the crime of defamation. There is evidence based on valid evidence as regulated in Article 184 of the Criminal Procedure Code which is proven at trial. Factors that mitigate and aggravate the defendant.
Copyright (c) 2025 Frengki Yulianto, Bastianto Nugroho, Sri Anggraini K. Dewi https://creativecommons.org/licenses/by-sa/4.0
Responsibility For Personal Data Protection
This study examines the Indonesian government's legal responsibilities in protecting citizens' personal data, focusing on constitutional, administrative, and criminal aspects. Using normative legal research methods, the analysis incorporates provisions from the 1945 Constitution, the Personal Data Protection Law (UU PDP), and related regulations to evaluate the state's obligations in preventing and addressing data breaches. The findings reveal that personal data protection is a constitutional right under Article 28G(1) of the 1945 Constitution, reinforced by the UU PDP. As data controllers, government institutions bear layered responsibilities including preventive measures, administrative compliance, victim compensation, and constitutional accountability. However, criminal liability only applies to individual officials rather than government institutions as legal entities. Despite existing safeguards, regulatory gaps remain particularly concerning administrative sanctions, compensation mechanisms, and the establishment of an independent oversight body as mandated by the UU PDP. To strengthen data protection, this study recommends: (1) refining implementing regulations; (2) enhancing oversight mechanisms; (3) improving government officials' capacity; (4) increasing public awareness; and (5) fostering international cooperation to address cross-border data violations. These measures are crucial for ensuring effective personal data protection and safeguarding citizens' constitutional rights in the digital age.
data protection, government liability, PDP Law, constitutional rights, regulatory framework
Copyright (c) 2025 Niken Arief Rahayuana, Nynda Fatmawati Octarina https://creativecommons.org/licenses/by-sa/4.0