YURISDIKSI : Jurnal Wacana Hukum dan Sains
type: channel
description: 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.
publisher: Faculty of Law, Merdeka University Surabaya, Indonesia
language: en
publication name: YURISDIKSI : Jurnal Wacana Hukum dan Sains
issn: 2086-6852
items: Rehabilitation of Notary Offices After Cancellation of Dishonormal Dismissal In Protection of Notary Rights
items: Interpretation Heirs of Different Religions From The Perspective of Islamic Inheritance Law And Notariality
items: Bank Precautionary Principles Against Fraud In Ijarah Muntahiya Bit Tamlik Agreements
items: The Regulatory Design of Prosecutors’ Authority in Terminating Narcotics Cases under Restorative Justice
items: Resolution of Insurance Disputes from Defective Consent After Constitutional Court Decision
items: Workers’ Rights In Bankrupt Companies
items: Legal Protection of Female Workers Through Marriage Agreements In Ponorogo Regency
items: Reformulation of Article 412 Law Number 1 of 2023on Cohabitation from a Legal Certainty Perspective
items: Notary's Prudence Duty Effectiveness in Indonesian Financing Deeds: BPRS Rifat Case
items: Presidential Authority to Grant Abolition under the 1945 Constitution of Indonesia
items: The Impact of the KPK Law Revision on Prosecutorial Authority
items: Legal Analysis of Amendments To Marital Property Separation Agreements In Civil Law Perspective
items: Physical And Sensory Disabilities: Legal Certainty And Justice In The Notary Profession
items: Customs Law Enforcement on Exports and Imports: An Empirical Study in Indonesia
items: Legal and Criminological Analysis of Cryptocurrency Money Laundering in Supreme Court Cassation Decision
items: Legal Protection of Workers In Employment Termination Disputes Without Judicial Review
items: Implementation of Agrarian Reform On Assets And Equitable Access To Reform In Batu City
items: Analysis of Priority Criteria In Offering Special Mining Business Permit Areas (WIUPK) To Religious Community Organizations
items: The Urgency of Regulating Priority Rights for Former Land Rights Holders Over Management Rights
items: The Food Mafia as Food Cartels under Competition Law:An Analysis of KPPU Decisions in the Staple Food Sector
items: Case Dismissal on Public Interest Grounds in Criminal Offenses Involving Medical-Use Cannabis
items: Execution of Restitution for Child Victims of Criminal Acts (A Study at the Grobogan District Prosecutor’s Office)
items: Conceptualization of Crypto Asset As A Collateral Object In Indonesian Positive Law
items: Notarial Use of Electronic Signatures: A Comparative Study of Indonesia and South Korea
items: Legal Status of Shareholder Agreements on GMS Quorum Deviations
items: Legal Protection for Housing Developers under Protected Rice Field Policy
items: The Urgency of Obligation To Establish A Legal Entity For Foreign Over-The-Top (OTT) Service In Indonesia
items: Business Licensing Obligations for E-Commerce under Government Regulation No. 80/2019
items: Implementation of The Obligation To Provide Free Notarial Services For Underprivate People In Malang
items: Legal Certainty of The Temporary Abolition of Rights Under Article 53 Paragraph (1) of Agrarian Law

Rehabilitation of Notary Offices After Cancellation of Dishonormal Dismissal In Protection of Notary Rights
type: item
description: Indonesia as a state based on law places legal norms as the foundation for governance and the protection of citizens’ rights. In ensuring legal certainty for civil legal acts, notaries have an important role as public officials authorized to make authentic deeds. However, in practice notaries may receive administrative sanctions, including dishonorable dismissal, if they violate their duties or the professional code of ethics. Problems arise when a dishonorable dismissal decision is later annulled by the court while there are no clear regulations governing the rehabilitation of the notary’s position. This situation creates a legal vacuum that potentially causes legal uncertainty and weak protection of notary rights. This research aims to analyze the legal provisions regarding dishonorable dismissal of notaries and to formulate appropriate regulatory concepts regarding the rehabilitation of notary offices after the cancellation of such dismissal decisions. The research uses normative legal research with statutory, conceptual, and case approaches. Legal materials consist of legislation, legal doctrines, and court decisions, particularly Supreme Court Decision Number 294 K/TUN/2021. The results show that although legal remedies are available through administrative appeals and lawsuits before the State Administrative Court, there are no explicit provisions regulating the rehabilitation of a notary after the cancellation of a dishonorable dismissal decision. Therefore, specific regulations are required to regulate the rehabilitation mechanism, including restoration of reputation, reinstatement of office, restoration of the right to practice, and the recovery of administrative rights in order to ensure legal certainty and protection of notary rights.
subject: Articles
  topic: section
creator: Nisrina Putri Rizkya Nugroho
creator: Arif Zainudin
creator: R. Imam Rahmat Sjaf'i
rights: Copyright (c) 2026 Nisrina Putri Rizkya Nugroho, Arif Zainudin, R. Imam Rahmat Sjaf'i https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-15
publication date: 2026-03-15
starting page: 111
ending page: 125
doi: 10.55173/yurisdiksi.v22i1.361

Interpretation Heirs of Different Religions From The Perspective of Islamic Inheritance Law And Notariality
type: item
description: This study aims to analyze the legal interpretation of determining heirs of different religions from the perspective of Islamic inheritance law and its implications for notarial practice in Indonesia. The research focuses on the legal status of heirs of different religions from a Muslim testator and the implications for drafting inheritance-related deeds by notaries. This research uses normative legal research with statutory, conceptual, and case approaches. Legal materials are obtained through literature studies consisting of legislation, court decisions, books, and scientific journals related to inheritance law and notarial practice. The study examines the development of legal interpretation in judicial practice, particularly regarding the granting of inheritance portions to non Muslim heirs through the mechanism of a mandatory will. In classical Islamic inheritance law, religious differences between the testator and the heir constitute an obstacle to inheritance. However, in Indonesian judicial practice, courts have developed progressive interpretations that allow non Muslim heirs to receive a share of the estate through a mandatory will to achieve substantive justice. This development reflects efforts to balance the objectives of law, namely justice, legal certainty, and legal benefit. From the perspective of notarial practice, these interpretations have significant implications because notaries frequently prepare deeds related to inheritance distribution, wills, and inheritance certificates. Notaries do not have the authority to determine the status of heirs but must ensure that deeds are made in accordance with applicable legal provisions and court decisions. Therefore, the role of notaries is essential in ensuring legal certainty and implementing judicial interpretations in inheritance practice in Indonesia's pluralistic legal system.
subject: Articles
  topic: section
creator: Sevira Eka Nur Salsabila
creator: Abdul Rachmad Budiono
creator: Rachmi Sulistyarini
rights: Copyright (c) 2026 Sevira Eka Nur Salsabila, Abdul Rachmad Budiono, Rachmi Sulistyarini https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-15
publication date: 2026-03-15
starting page: 126
ending page: 139
doi: 10.55173/yurisdiksi.v22i1.360

Bank Precautionary Principles Against Fraud In Ijarah Muntahiya Bit Tamlik Agreements
type: item
description: The development of financing products in Islamic banking in Indonesia has encouraged the use of various contracts that comply with Sharia principles, including the Ijarah Muntahiya Bit Tamlik (IMBT) contract. IMBT combines a leasing mechanism (ijarah) with the transfer of asset ownership to the customer at the end of the contract period. This financing model is widely used because it provides flexibility for customers while remaining compliant with Islamic principles. However, the IMBT contract structure involves two stages of transactions leasing and ownership transfer which may create legal and operational complexities. If not implemented carefully, this structure may open opportunities for fraud and other risks in Islamic banking operations. This study aims to analyze the implementation of the prudential principle in the application of IMBT contracts in Islamic banking and to formulate regulatory strengthening to prevent potential fraud in IMBT financing practices. The research uses a normative juridical method with statutory and conceptual approaches. Legal materials consist of primary legal sources in the form of laws and regulations related to Islamic banking, secondary sources such as books, academic journals, and scientific publications, and tertiary sources including legal dictionaries and other supporting references. The analysis of legal materials is conducted using grammatical and systematic interpretation methods.The findings show that the prudential principle in Islamic banking has been normatively regulated in several legal frameworks. However, existing regulations remain general and do not specifically regulate operational parameters for implementing the prudential principle in IMBT contracts. This regulatory gap may create legal loopholes that increase the risk of fraud. Therefore, strengthening regulatory provisions is necessary by establishing clearer operational parameters for the implementation of prudential principles at each stage of IMBT fina…
subject: Articles
  topic: section
subject: precautionary principle, Islamic banking, Ijarah Muntahiya Bit Tamlik, fraud prevention, legal regulations.
  topic: keywords
creator: Jasmine Sarah Nabilla
creator: Nur Chanifah
creator: Letizia Dessy Andreassari
rights: Copyright (c) 2026 Jasmine Sarah Nabilla, Nur Chanifah, Letizia Dessy Andreassari https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-11
publication date: 2026-03-11
starting page: 77
ending page: 94
doi: 10.55173/yurisdiksi.v22i1.358

The Regulatory Design of Prosecutors’ Authority in Terminating Narcotics Cases under Restorative Justice
type: item
description: Narcotics abuse in Indonesia not only generates social and criminological problems but also raises normative challenges within the criminal justice system, particularly concerning the orientation of punishment and the prosecutorial authority of the public prosecutor. Although Law Number 35 of 2009 on Narcotics accommodates a rehabilitative approach for abusers and addicts, law enforcement practices remain dominated by a repressive paradigm that prioritizes imprisonment, thereby creating legal uncertainty. This study aims to analyze the weaknesses in the regulation of prosecutorial authority in the termination of narcotics cases and to formulate a future regulatory design based on restorative justice. The research employs a normative legal method using statutory and conceptual approaches through the examination of primary and secondary legal materials. The findings indicate that Article 65 letter (f) of the Indonesian Criminal Procedure Code remains general in nature, lacks specific juridical parameters for narcotics cases, and has not been harmonized with the Narcotics Law. In addition, the inconsistency of terminology and the elasticity of the provisions in Articles 111 and 112 create room for multiple interpretations. Therefore, a more specific, integrated, and rehabilitation-oriented normative reconstruction is required to ensure legal certainty and enhance the effectiveness of the criminal justice system. Such reformulation is expected to strengthen the legitimacy of prosecutorial authority as dominus litis and encourage a shift in narcotics law enforcement from a purely repressive approach toward a more humane, proportional, and sustainable paradigm in line with responsive and inclusive national criminal law reform.
subject: Articles
  topic: section
creator: Arrum Maryana
creator: Setiawan Noerdajasakti
creator: Milda Istiqomah
rights: Copyright (c) 2026 Arrum Maryana, Setiawan Noerdajasakti, Milda Istiqomah https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-11
publication date: 2026-03-11
starting page: 65
ending page: 76
doi: 10.55173/yurisdiksi.v22i1.357

Resolution of Insurance Disputes from Defective Consent After Constitutional Court Decision
type: item
description: Human life is inseparable from concerns regarding the welfare of family members left behind after the death of the primary breadwinner. Insurance has become an integral part of modern human life, serving to maintain life balance and ensure the economic stability of families when the breadwinner passes away. The presence of life insurance is expected to provide financial protection so that the surviving family members may continue to live in adequate conditions. One of the fundamental principles in insurance law is the principle of utmost good faith. Therefore, consumers, in this case the insured, are required to disclose information fully and accurately. Failure to do so previously entitled the insurer to unilaterally cancel the insurance contract in accordance with Article 251 of the Commercial Code. However, the Constitutional Court of Indonesia, through Decision Number 83/PUU-XII/2024, declared that Article 251 of the Commercial Code is contrary to the 1945 Constitution of the Republic of Indonesia and therefore has no binding legal force. Accordingly, the legal issue examined in this study concerns how disputes arising from defects of consent committed by the insured should be resolved following the Constitutional Court Decision Number 83/PUU-XXII/2024. This research employs a normative legal research method. The study concludes that insurers may still cancel an insurance agreement if a defect of consent committed by the insured is proven, by filing a tort claim based on an unlawful act before the District Court.
subject: Articles
  topic: section
subject: Insurance
  topic: keywords
subject: Insurance Law
  topic: keywords
subject: Defects of concent
  topic: keywords
subject: Constitutional Court Decision
  topic: keywords
subject: Commercial Code
  topic: keywords
creator: Asa Prayoga Jiwangga
creator: Subekti
creator: Ernu Widodo
rights: Copyright (c) 2026 Asa Prayoga Jiwangga, Ika Safitri, Adristi Rizkianita, Zaza Rezandrine https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-28
publication date: 2026-02-28
starting page: 55
ending page: 64
doi: 10.55173/yurisdiksi.v22i1.356

Workers’ Rights In Bankrupt Companies
type: item
description: Corporate bankruptcy is a legal condition that directly affects the continuity of employment relationships between employers and workers/laborers. In practice, workers often find themselves in a weak position when a company is declared bankrupt, particularly regarding the fulfillment of normative rights such as wages, severance pay, and employment social security. Although statutory regulations grant workers a special status as preferred creditors, the implementation of these rights frequently encounters various legal and administrative obstacles. This situation creates legal uncertainty and potential injustice for workers/laborers. This study aims to analyze the legal protection of workers’ rights in companies declared bankrupt, as well as the legal standing of workers in bankruptcy proceedings under the applicable laws and regulations. The research method used is normative juridical research with statutory, conceptual, and case approaches. The findings show that although workers are positioned as preferred creditors, in practice workers’ rights are often not optimally fulfilled due to conflicts of interest with other creditors and the limited value of the bankruptcy estate. Therefore, stronger regulations and consistent law enforcement are needed to ensure fair protection of workers’ rights.
subject: Articles
  topic: section
creator: Budi Santoso
creator: Suwardi
rights: Copyright (c) 2026 Budi Santoso, Suwardi https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-15
publication date: 2026-02-15
starting page: 39
ending page: 42
doi: 10.55173/yurisdiksi.v22i1.355

Legal Protection of Female Workers Through Marriage Agreements In Ponorogo Regency
type: item
description: Ponorogo Regency is one of the regions sending a significant number of female migrant workers (TKW), reaching 30,793 in the 2022–2024 period. The high number of Indonesian migrant workers (PMI) is correlated with the increase in divorce cases at the Ponorogo Religious Court, particularly divorce cases filed by wives. This situation raises legal issues, particularly regarding the division of joint assets, which often disadvantage migrant workers as the economically dominant party during the marriage. This study aims to analyze the urgency of a prenuptial agreement as an instrument of legal protection for migrant workers from a notarial law perspective. The research method used is empirical juridical with a statutory approach and field interviews. Normatively, the provisions of Law Number 1 of 1974 concerning Marriage, which were expanded through Constitutional Court Decision Number 69/PUU-XIII/2015, have provided legal space for couples to enter into a prenuptial agreement before and during the marriage. However, research results indicate that the implementation of prenuptial agreements in Ponorogo remains low due to limited legal literacy, inadequate outreach, and cultural barriers that view such agreements as a sign of mistrust. Therefore, prenuptial agreements are urgently needed as a preventative measure to ensure legal certainty, justice, and the protection of migrant workers' assets, as well as to minimize joint property disputes in divorce. (Law No. 1 of 1974).
subject: Articles
  topic: section
creator: Dody Syahrul Irawan
creator: Abdul Rachmad Budiono
creator: Rachmi Sulistyarini
rights: Copyright (c) 2026 Dody Syahrul Irawan, Abdul Rachmad Budiono, Rachmi Sulistyarini https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-15
publication date: 2026-02-15
starting page: 43
ending page: 53
doi: 10.55173/yurisdiksi.v22i1.354

Reformulation of Article 412 Law Number 1 of 2023on Cohabitation from a Legal Certainty Perspective
type: item
description: The criminalization of cohabitation under Article 412 paragraphs (1) and (2) of Law Number 1 of 2023 on the National Criminal Code raises significant juridical concerns, particularly with regard to legal certainty and proportionality. This study focuses on examining the juridical implications arising from the formulation of Article 412 and on proposing an ideal regulatory framework for the criminal offense of cohabitation in Indonesia in the future. Employing a normative juridical research method with statutory and conceptual approaches, this research analyzes the consequences of ambiguous legal formulations, especially the vague elements of “living together as husband and wife outside marriage,” the complaint-based nature of the offense, and the unclear limitation of eligible complainants. The findings indicate that these weaknesses undermine the principle of lex certa, create risks of multiple interpretations, and potentially lead to selective criminalization and violations of legal certainty. Furthermore, the study argues that such deficiencies place Article 412 within the category of a voidable norm that may be subject to constitutional review. Accordingly, this research proposes a reformulation of Article 412 by clarifying and operationalizing the elements of the offense, restricting the scope of complaint-based prosecution, and explicitly defining the age limits of child complainants, in order to ensure legal certainty, proportionality, and the protection of human rights.
subject: Articles
  topic: section
subject: Cohabitation, Criminalization, Legal Certainty, Complaint-Based Offense, National Criminal Code.
  topic: keywords
creator: Imera Azzahra Alivia
creator: Prija Djatmika
creator: Nurini Aprilianda
rights: Copyright (c) 2026 Imera Azzahra Alivia, Prija Djatmika, Nurini Aprilianda https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-15
publication date: 2026-02-15
starting page: 28
ending page: 38
doi: 10.55173/yurisdiksi.v22i1.353

Notary's Prudence Duty Effectiveness in Indonesian Financing Deeds: BPRS Rifat Case
type: item
description: Marital property separation agreements are governed by Article 29 of Law Number 1 of 1974 on Marriage and Articles 139–148 of the Indonesian Civil Code, which originally restricted their execution to the period prior to marriage. The issuance of Constitutional Court Decision Number 69/PUU-XIII/2015, however, permits postnuptial amendments with court approval, thereby generating legal uncertainty regarding the legal status of marital assets and inconsistencies in judicial decisions. This study aims to examine the legal status of joint property acquired prior to the amendment of a marital agreement following the Constitutional Court’s decision and to analyze the legal implications of amendments or annulments of marital agreements on the position and distribution of marital property. This research employs a normative juridical method with statutory, conceptual, and case approaches, conducted through library research of primary legal materials, including marriage legislation, the Civil Code, and relevant court decisions, as well as secondary and tertiary legal materials. The data are analyzed qualitatively using a descriptive-analytical approach. The results indicate that marital property acquired prior to the amendment of a marital agreement is subject to prospective application and does not have retroactive effect, thereby maintaining its original legal status in accordance with the principle of legal certainty. Furthermore, the study underscores the necessity of implementing regulations to ensure uniformity in notarial and judicial practices and to promote distributive and corrective justice.
subject: Articles
  topic: section
subject: Keywords: Notary, Prudential Principle, Financing Deed, Notarial Office, Legal Certainty.
  topic: keywords
creator: Salma Nur Azizah
creator: Reka Dewantara
creator: Dewi Iryani
rights: Copyright (c) 2026 Salma Nur Azizah, Reka Dewantara, Dewi Iryani https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-15
publication date: 2026-02-15
starting page: 1
ending page: 14
doi: 10.55173/yurisdiksi.v22i1.352

Presidential Authority to Grant Abolition under the 1945 Constitution of Indonesia
type: item
description: This study aims to analyze the President’s authority to grant abolition as regulated under Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia and to examine its implications for the rule of law and the principle of checks and balances within the Indonesian constitutional system. Abolition constitutes a distinctive form of state clemency because it terminates criminal prosecution prior to a final court judgment, thereby directly intersecting with judicial independence. This research employs a normative juridical method using statutory, conceptual, and case approaches, with the granting of abolition to Tom Lembong serving as a case study. The results show that, normatively, the President’s authority to grant abolition is constitutionally valid; however, the absence of comprehensive statutory regulation creates legal uncertainty and weakens normative safeguards. Furthermore, the findings reveal that the supervisory role of the House of Representatives tends to function procedurally rather than substantively, thereby reducing the effectiveness of the checks and balances mechanism. Accordingly, this study concludes that strengthening the normative framework and oversight mechanisms is essential to ensure that the exercise of abolition remains consistent with the rule of law, substantive justice, and the independence of Indonesia’s criminal justice system.
subject: Articles
  topic: section
creator: Hendra Vranata
creator: Siti Marwiyah
creator: Fathul Hamdani
rights: Copyright (c) 2026 Hendra Vranata, Siti Marwiyah , Fathul Hamdani https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-25
publication date: 2026-02-25
starting page: 649
ending page: 657
doi: 10.55173/yurisdiksi.v21i4.351

The Impact of the KPK Law Revision on Prosecutorial Authority
type: item
description: Corruption is an extraordinary crime that has far-reaching impacts on state finances, the legal system, and public trust. In combating corruption, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi/KPK) and the Public Prosecutor’s Office (Kejaksaan) play strategic roles, particularly in the prosecution of corruption cases. However, the amendment of Law Number 30 of 2002 into Law Number 19 of 2019 on the Corruption Eradication Commission has brought significant changes to the institutional position and authority of the KPK, affecting its relationship with the Prosecutor’s Office. This study aims to analyze the policies of the KPK and the Prosecutor’s Office in regulating prosecutorial authority and to examine the implications of the amendment to the KPK Law for the effectiveness of corruption law enforcement in Indonesia. This research employs an empirical legal research method using statutory, conceptual, and empirical approaches through interviews, observation, and literature review. The findings indicate that the amendment to the KPK Law has strengthened coordination and oversight mechanisms, but at the same time has posed challenges to the independence and speed of prosecution. Therefore, the effectiveness of corruption eradication after the amendment largely depends on strengthening institutional synergy, clarifying the division of authority, and ensuring consistency in prosecutorial policies between the KPK and the Prosecutor’s Office.
subject: Articles
  topic: section
subject: Corruption, KPK, Prosecutor’s Office, Prosecution, Amendment of the KPK Law
  topic: keywords
creator: Moch Ridwan Affandi
creator: Siti Marwiyah
creator: Vieta Imelda Cornelis
rights: Copyright (c) 2026 Moch Ridwan Affandi, Siti Marwiyah , Vieta Imelda Cornelis https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-25
publication date: 2026-02-25
starting page: 640
ending page: 648
doi: 10.55173/yurisdiksi.v21i4.350

Legal Analysis of Amendments To Marital Property Separation Agreements In Civil Law Perspective
type: item
description: Marital property separation agreements are governed by Article 29 of Law Number 1 of 1974 on Marriage and Articles 139–148 of the Indonesian Civil Code, which originally restricted their execution to the period prior to marriage. The issuance of Constitutional Court Decision Number 69/PUU-XIII/2015, however, permits postnuptial amendments with court approval, thereby generating legal uncertainty regarding the legal status of marital assets and inconsistencies in judicial decisions. This study aims to examine the legal status of joint property acquired prior to the amendment of a marital agreement following the Constitutional Court’s decision and to analyze the legal implications of amendments or annulments of marital agreements on the position and distribution of marital property. This research employs a normative juridical method with statutory, conceptual, and case approaches, conducted through library research of primary legal materials, including marriage legislation, the Civil Code, and relevant court decisions, as well as secondary and tertiary legal materials. The data are analyzed qualitatively using a descriptive-analytical approach. The results indicate that marital property acquired prior to the amendment of a marital agreement is subject to prospective application and does not have retroactive effect, thereby maintaining its original legal status in accordance with the principle of legal certainty. Furthermore, the study underscores the necessity of implementing regulations to ensure uniformity in notarial and judicial practices and to promote distributive and corrective justice.
subject: Articles
  topic: section
subject: Keywords:Marital Property Separation Agreement; Amendment Of Marital Agreement; Constitutional Court Decision No. 69/PUU-XIII/2015; Civil Law; Legal Certainty.
  topic: keywords
creator: Calysta Dwiayu Wisnu Putri
creator: Djumikasih
creator: Stephanie Wilamarta
rights: Copyright (c) 2026 Calysta Dwiayu Wisnu Putri, Djumikasih, Stephanie Wilamarta https://creativecommons.org/licenses/by-sa/4.0
date: 2026-02-15
publication date: 2026-02-15
starting page: 15
ending page: 27
doi: 10.55173/yurisdiksi.v22i1.349

Physical And Sensory Disabilities: Legal Certainty And Justice In The Notary Profession
type: item
description: This study examines the legal issues regarding the requirements for appointment as a Notary as regulated in Article 3 of the Notary Law (UUJN), with a focus on the regulation of physical and sensory disabilities. The background of this study is the incompleteness of norms in the UUJN which has the potential to cause legal uncertainty and discriminatory practices against persons with disabilities, both at the stage of appointing a Notary and against Notaries who experience life events that cause physical and/or sensory disabilities. The UUJN requires Notaries to be physically and mentally healthy, but does not provide explicit regulations regarding the limits and parameters of such health in relation to disabilities. This study aims to analyze the concept of physical and sensory disabilities in relation to the implementation of the Notary's authority and obligations and to formulate an ideal form of regulation to realize legal certainty and justice for all citizens. The research method used is normative legal research with a statutory approach and a conceptual approach. The analysis is carried out systematically and grammatically against the UUJN, the Health Law, the Law on Persons with Disabilities, and the Human Rights Law, and is based on the theory of legal certainty and dignified justice. The research results indicate that the requirement for physical health must be interpreted functionally, focusing on a person's ability to perform the duties of a notary, rather than on absolute physical condition. An analysis of the notary's authority and obligations indicates that upper locomotor and sensory functions play an essential role, while lower locomotor functions are not decisive. Therefore, this study proposes amendments to Article 3 of the UUJN by adding norms that recognize the ability to perform the position with or without reasonable accommodation, including the use of assistive technology. Furthermore, it is necessary to regulate leave procedures, functional a…
subject: Articles
  topic: section
subject: Notary Position, Physical Disabilities, Sensory Disabilities, Legal Certainty, Dignified Justice
  topic: keywords
creator: Tiara Maharani
creator: M. Hamidi Masykur
creator: Arini Jauharoh
rights: Copyright (c) 2026 Tiara Maharani, M. Hamidi Masykur, Arini Jauharoh https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-26
publication date: 2026-01-26
starting page: 623
ending page: 639
doi: 10.55173/yurisdiksi.v21i4.348

Customs Law Enforcement on Exports and Imports: An Empirical Study in Indonesia
type: item
description: Law enforcement in the field of customs is an important element in maintaining the country's fiscal interests and economic sovereignty. This study aims to analyze the effectiveness of customs law enforcement in export and import activities, identify the factors contributing to export–import smuggling, and examine the preventive and repressive measures implemented by customs authorities. This article combines a normative legal approach with empirical support sourced from the Directorate General of Customs and Excise (DJBC) and the Parepare Customs and Excise Supervision and Service Office (KPPBC). The focus of the research includes the effectiveness of customs law enforcement, the factors causing the smuggling of export-import goods, and the preventive and repressive strategies applied. The results of the analysis confirm that although the legal framework is relatively comprehensive, implementation challenges—including limited institutional capacity, extensive territorial waters, and a low culture of compliance—hinder the effectiveness of law enforcement. Recommendations include strengthening human resources, implementing risk management, increasing inter-agency cooperation, and enhancing efforts to recover state losses.
subject: Articles
  topic: section
creator: Arkam Musa
creator: Sunardi Purwanda
creator: Muhammad Darwis
creator: Muhammad Sabir
creator: Muhammad Akbar Fhad Syahril
rights: Copyright (c) 2025 Arkam Musa, Sunardi Purwanda, Muhammad Darwis, Muhammad Sabir, Muhammad Akbar Fhad Syahril https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-30
publication date: 2025-12-30
starting page: 473
ending page: 481
doi: 10.55173/yurisdiksi.v21i3.346

Legal and Criminological Analysis of Cryptocurrency Money Laundering in Supreme Court Cassation Decision
type: item
description: 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.
subject: Articles
  topic: section
creator: Aria Perkasa Utama
creator: Setiawan Noerdajasakti
creator: Fachrizal Afandi
rights: Copyright (c) 2026 Aria Perkasa Utama, Setiawan Noerdajasakti, Fachrizal Afandi https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-12
publication date: 2026-01-12
starting page: 596
ending page: 606
doi: 10.55173/yurisdiksi.v21i4.345

Legal Protection of Workers In Employment Termination Disputes Without Judicial Review
type: item
description: 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.
subject: Articles
  topic: section
subject: Legal Protection, Termination of Employment (PHK), Judicial Review, Legal Certainty.
  topic: keywords
creator: Notodiguno
creator: Budi Santoso
creator: Sugeng Santoso PN
rights: Copyright (c) 2026 Notodiguno -, Budi Santoso, Sugeng Santoso PN https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-10
publication date: 2026-01-10
starting page: 584
ending page: 595
doi: 10.55173/yurisdiksi.v21i4.344

Implementation of Agrarian Reform On Assets And Equitable Access To Reform In Batu City
type: item
description: Agrarian reform is a strategic state policy aimed at realizing agrarian justice through the restructuring of land control, ownership, use, and utilization accompanied by community empowerment as the subject of agrarian reform. However, the implementation of agrarian reform at the local level, including in Batu City, faces various challenges, particularly in integrating asset reform and access reform as well as pressures arising from land commercialization driven by tourism and investment development. This study aims to analyze the effectiveness of the integration between asset reform and access reform in the implementation of agrarian reform policies in Batu City and to examine the impact of land commercialization on the sustainability of agrarian reform. This research uses a normative juridical method with statutory and conceptual approaches supported by empirical analysis. The legal materials consist of laws and regulations related to agrarian reform, regional policies, and relevant literature, which are analyzed through qualitative legal analysis. The results of this study indicate that the integration between asset reform and access reform in Batu City has not been implemented optimally. The implementation of agrarian reform still tends to focus on asset legalization, while access reform, including economic empowerment, institutional strengthening, and sustainable land tenure protection, has not been systematically implemented. In addition, the increasing commercialization of land through spatial planning policies and investment permits has limited the space for agrarian reform and increased the vulnerability of agrarian communities. Therefore, strengthening local policy strategies, including the reorientation of spatial planning based on agrarian reform, the strengthening of regional regulations, and the integration of agrarian reform with local economic development, is necessary to achieve sustainable and inclusive agrarian reform.
subject: Articles
  topic: section
subject: Agrarian Reform, Reform Assets, Reform Access, Agrarian Justice, Land Commercialization, Batu City
  topic: keywords
creator: Nurul Salsabila Hadiyanti
creator: Imam Koeswahyono
creator: Ngesti Dwi Prasetyo
rights: Copyright (c) 2026 Nurul Salsabila Hadiyanti, Imam Koeswahyono, Ngesti Dwi Prasetyo https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-11
publication date: 2026-03-11
starting page: 95
ending page: 110
doi: 10.55173/yurisdiksi.v22i1.343

Analysis of Priority Criteria In Offering Special Mining Business Permit Areas (WIUPK) To Religious Community Organizations
type: item
description: 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.
subject: Articles
  topic: section
subject: Religious Community Organization-Owned Enterprises, Good Mining Governance, Affirmative Discrimination, Legal Certainty, Mining Licensing
  topic: keywords
creator: Firlia Nurani Rakhma
creator: Hanif Nur Widhiyanti
creator: Tri Sulistiowarni
rights: Copyright (c) 2025 Firlia Nurani Rakhman, Hanif Nur Widhiyanti, Tri Sulistiowarni https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 485
ending page: 499
doi: 10.55173/yurisdiksi.v21i4.342

The Urgency of Regulating Priority Rights for Former Land Rights Holders Over Management Rights
type: item
description: 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.
subject: Articles
  topic: section
subject: Priority Rights; Former Rights Holders; Management
  topic: keywords
creator: Maratul Muslimatus Salimah
creator: Imam Koeswahyono
creator: Bambang Eko Supriyadi
rights: Copyright (c) 2026 Maratul Muslimatus Salimah, Imam Koeswahyono, Bambang Eko Supriyadi https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-02
publication date: 2026-01-02
starting page: 540
ending page: 555
doi: 10.55173/yurisdiksi.v21i4.340

The Food Mafia as Food Cartels under Competition Law:An Analysis of KPPU Decisions in the Staple Food Sector
type: item
description: 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.
subject: Articles
  topic: section
creator: Tanudjaja
creator: Arief Budiman
creator: Golkar Pangarso Rahardjo Winarsadi
rights: Copyright (c) 2025 Tanudjaja, Arief Budiman, Golkar Pangarso Rahardjo Winarsadi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-08
publication date: 2025-12-08
starting page: 447
ending page: 451
doi: 10.55173/yurisdiksi.v21i3.338

Case Dismissal on Public Interest Grounds in Criminal Offenses Involving Medical-Use Cannabis
type: item
description: 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.
subject: Articles
  topic: section
subject: Seponeering, Principle of Opportunity, Medical Cannabis, Public Interest.
  topic: keywords
creator: Septiawan Ridho Permadi
creator: Milda Istiqomah
creator: Fachrizal Afandi
rights: Copyright (c) 2025 Septiawan Ridho Permadi, Milda Istiqomah, Fachrizal Afandi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-08
publication date: 2025-12-08
starting page: 452
ending page: 461
doi: 10.55173/yurisdiksi.v21i3.339

Execution of Restitution for Child Victims of Criminal Acts (A Study at the Grobogan District Prosecutor’s Office)
type: item
description: 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.
subject: Articles
  topic: section
subject: Execution, Restitution, Child Victims, Criminal Acts.
  topic: keywords
creator: Thesa Tamara Sanyoto
creator: Abdul Rachmad Budiono
creator: Fachrizal Afandi
rights: Copyright (c) 2025 Thesa Tamara Santoyo, Abdul Rachmad Budiono, Fachrizal Afandi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-08
publication date: 2025-12-08
starting page: 462
ending page: 472
doi: 10.55173/yurisdiksi.v21i3.337

Conceptualization of Crypto Asset As A Collateral Object In Indonesian Positive Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Crypto Assets, Collateral Objects, Fiduciary, Legal Certainty
  topic: keywords
creator: Firda Shafira
creator: Hanif Nur Widhiyanti
creator: Stephanie Wilamarta
rights: Copyright (c) 2026 Firda Shafira, Hanif Nur Widhiyanti, Stephanie Wilamarta https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-02
publication date: 2026-01-02
starting page: 556
ending page: 570
doi: 10.55173/yurisdiksi.v21i4.335

Notarial Use of Electronic Signatures: A Comparative Study of Indonesia and South Korea
type: item
description: 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.
subject: Articles
  topic: section
subject: Authentic deed; comparative law; electronic signature; legal certainty; notary
  topic: keywords
creator: Klaura Dwi Kinasih
creator: Patricia Audrey Ruslijanto
creator: Diana R.W. Napitupulu
rights: Copyright (c) 2025 Klaura Dwi Kinasih, Patricia Audrey Ruslijanto, Diana Ria Winata Napitupulu https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 500
ending page: 511
doi: 10.55173/yurisdiksi.v21i4.334

Legal Status of Shareholder Agreements on GMS Quorum Deviations
type: item
description: 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.
subject: Articles
  topic: section
subject: Legal Status, Agreement, Shareholders, GMS Quorum, Articles of Association
  topic: keywords
creator: Susiani
creator: Budi Santoso
creator: Satria Amiputra Amimakmur
rights: Copyright (c) 2025 Susiani, Budi Santoso, Satria Amiputra Amimakmur https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 526
ending page: 539
doi: 10.55173/yurisdiksi.v21i4.333

Legal Protection for Housing Developers under Protected Rice Field Policy
type: item
description: 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.
subject: Articles
  topic: section
subject: Protected Rice Fields (LSD), spatial planning, legal protection, administrative law, land-use conflict, ATR/BPN
  topic: keywords
creator: Nolanda Fadiahaya Trigosa
creator: Herlindah
creator: Indah Dwi Qurbani
rights: Copyright (c) 2026 Nolanda Fadiahaya Trigosa, Herlindah, Indah Dwi Qurbani https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-04
publication date: 2026-01-04
starting page: 571
ending page: 583
doi: 10.55173/yurisdiksi.v21i4.332

The Urgency of Obligation To Establish A Legal Entity For Foreign Over-The-Top (OTT) Service In Indonesia
type: item
description: 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.
subject: Articles
  topic: section
subject: Urgency, Legal Entity, Foreign Over The Top, Indonesia
  topic: keywords
creator: Mohamad Ibadi
creator: Sukarmi
creator: Patricia Audrey Ruslijanto
rights: Copyright (c) 2025 Mohamad Ibadi, Sukarmi, Patricia Audrey Ruslijanto https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-19
publication date: 2025-11-19
starting page: 435
ending page: 446
doi: 10.55173/yurisdiksi.v21i3.331

Business Licensing Obligations for E-Commerce under Government Regulation No. 80/2019
type: item
description: 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.
subject: Articles
  topic: section
subject: Business License, Trading Activities, Electronic Systems, Government Regulations.
  topic: keywords
creator: Achmad Haekal
creator: Sudarsono
creator: Shinta Hadiyantina
rights: Copyright (c) 2025 Achmad Haekal, Sudarsono, Shinta Hadiyantina https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-19
publication date: 2025-11-19
starting page: 421
ending page: 434
doi: 10.55173/yurisdiksi.v21i3.330

Implementation of The Obligation To Provide Free Notarial Services For Underprivate People In Malang
type: item
description: 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.
subject: Articles
  topic: section
subject: Notary
  topic: keywords
subject: Free Services
  topic: keywords
subject: Pro Bono
  topic: keywords
subject: Law Enforcemenet
  topic: keywords
subject: Access to Justice
  topic: keywords
creator: Arsy Azuhra
creator: Istislam
creator: R. Imam Rahmat Sjafi'i
rights: Copyright (c) 2026 Arsy Azhura, Istislam, R. Imam Rahmat Sjafi'i https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-12
publication date: 2026-01-12
starting page: 607
ending page: 622
doi: 10.55173/yurisdiksi.v21i4.329

Legal Certainty of The Temporary Abolition of Rights Under Article 53 Paragraph (1) of Agrarian Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Legal certainty, temporary rights, elimination of rights, UUPA, agricultural rights
  topic: keywords
creator: Alivia Febriyanti
creator: M. Hamidi Masykur
creator: Bambang Eko Supriyadi
rights: Copyright (c) 2025 Alivia Febriyanti, M. Hamidi Masykur, Bambang Eko Supriyadi https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 473
ending page: 484
doi: 10.55173/yurisdiksi.v21i4.328