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
Criminal Responsibility For Perpetrators of Skimming Crime
The purpose of this research isCriminal Responsibility for Perpetrators of Skimming Crimes, a qualitative-descriptive research method that produces analytical descriptive data stated by respondents in writing or verbally as well as real behavior, which is researched and studied as a whole. Basic Results of Judge's Considerations in determining the guilt of the perpetrator of skimming crimes in case Number 11/Pid.Sus/2022/PN. Psr. using Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions as amended and supplemented by Law of the Republic of Indonesia Number 19 of 2016 concerning amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions Article 30 Paragraph 2 (two) Jo. Article 46 Paragraph 2 (two) Jo Article 55 Paragraph 1 point 1 of the Criminal Code, the judge uses legal and non-legal considerations. With his legal considerations.
Copyright (c) 2026 Abdur Rohim, Mohammad Roesli, Supolo Setyo Wibowo https://creativecommons.org/licenses/by-sa/4.0
Legal Review of The Criminal Act of Child Molestery
The aim of this research is to determine the application of material criminal law to cases of ongoing child abuse in decision Number 1271/Pid.Sus/2020/PT Sby. This 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. Results: Efforts to protect against identity reporting through mass media and to avoid labeling, providing safety guarantees for victim witnesses and expert witnesses, both physical, mental and social and providing accessibility to obtain information regarding case developments as well as support from the government or related institutions as well as from community members and those closest to them, case assistance from case examination to trial from the Women and Child Protection (PPA) unit and the social department.
Copyright (c) 2026 Falihah Qomala, Bastianto Nugroho, Sri Anggraini K. Dewi https://creativecommons.org/licenses/by-sa/4.0
Juridical Implication of Restorative Justice On Prosecutorial Authority In Penal Mediation
The development of criminal law in Indonesia shows a paradigm shift from a retributive approach to a restorative approach that emphasizes the restoration of victims' losses, the responsibility of perpetrators, and the restoration of social relations. This shift is marked by the presence of a Restorative Justice mechanism in the National Criminal Procedure Code (KUHAP), which can be implemented from the investigation, inquiry, prosecution, to trial. On the other hand, the Prosecutor's Office Law has previously authorized Prosecutors to conduct Penal Mediation as a form of out-of-court criminal case resolution. This condition raises legal issues in the form of potential overlapping authority, dualism in case resolution mechanisms, and unclear relationships between Restorative Justice and Penal Mediation in the national criminal justice system. This research uses a normative legal method with a statutory, conceptual, and systematic approach. Primary legal materials consist of laws and regulations related to the National Criminal Procedure Code, the Prosecutor's Office Law, and other relevant provisions, while secondary legal materials are obtained from literature, journals, and legal doctrine. The research findings indicate that the presence of Restorative Justice mechanisms strengthens the humanist orientation in law enforcement, but simultaneously demands harmonization of norms so that the Prosecutor's authority in Penal Mediation maintains legal certainty. Penal Mediation is essentially a special instrument within the Restorative Justice framework that can be optimized at the prosecution stage. Going forward, regulatory reform is needed that clarifies the limits of authority, implementation procedures, case criteria, and legal consequences of restorative resolution to create an effective, simple, and just criminal justice system.
Restorative Justice, Penal Mediation, Prosecutor's Authority, National Criminal Procedure Code, Criminal Justice System
Copyright (c) 2026 I Gde Putu Prema Dhananjaya, Milda Istiqomah, Abdul Madjid https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Legal Regulation On Investigator Authorization To Seize And Obtain Original Notarial Deeds
This study examines the urgency of regulating and harmonizing the authority for the seizure and confiscation of notarial minutes in the Indonesian legal system. Minutes of deeds, as part of notarial protocol, have a special character as authentic evidence containing high evidentiary value, official confidentiality, and the legal interests of the parties. On the other hand, the need to enforce criminal law requires access to these documents, especially in the context of proving cases. This condition creates a gap between regulations in criminal procedure law and notarial law, especially regarding the authority of the Notary Honorary Council and the Chief Justice of the District Court. This study aims to analyze the philosophical, sociological, and juridical basis of these regulations, and formulate an appropriate form of harmonization to create legal certainty, justice, and benefit. The research method used is normative juridical with a statutory and conceptual approach, which examines various related legal norms and relevant legal doctrines. The results of the study indicate that the current regulations still cause partial disharmony, especially regarding the mechanism for confiscating original minutes of deeds, which has not been explicitly regulated. Therefore, normative harmonization is needed that places protection of deed minutes as a primary principle, while still allowing limited scope for seizure under exceptional circumstances. This harmonization must emphasize the functional relationship between the authority of the Notary Honorary Council as an ethical-professional filter and the Chief Justice of the District Court as a judicial supervisor, thus creating a balance between the protection of the notary's office and the effectiveness of criminal law enforcement
Copyright (c) 2026 Fauza Shofia, Herlindah, M. Sudirman https://creativecommons.org/licenses/by-sa/4.0
Principles of Affirmative Action In Providing Legal Aid For The Poor
The provision of legal aid for the poor is part of fulfilling the constitutional right to access to justice as guaranteed by the Indonesian legal system. This study aims to analyze the provision of legal aid in Batu City through collaborative practices between the local government and Legal Aid Institutions/Legal Aid Organizations (LBH/OBH) domiciled outside the region, and to examine the application of the affirmative action principle in ensuring access to justice for the poor. This study uses a socio-legal method, which examines law not only as a norm, but also as a social practice occurring in society. The results show that collaboration with LBH/OBH from outside the region is a pragmatic solution to the lack of accredited legal aid institutions in Batu City, thus ensuring legal aid services remain accessible to the public. However, this practice raises legal issues due to disharmony between Regional Regulations and Mayoral Regulations that regulate domicile requirements for legal aid providers. In this context, the application of the affirmative action principle becomes relevant as an approach to addressing structural limitations and ensuring the fulfillment of substantive justice. This policy reflects a bias towards poor communities by providing broader access to legal services, despite administrative barriers. Therefore, it is necessary to harmonize regulations, strengthen institutions, and develop local LBH/OBH to create a more effective, inclusive, and sustainable legal aid system.
Legal Aid, Affirmative Action, Access to Justice, Poor Communities, Batu City
Copyright (c) 2026 Bagus Rio Biantoro, Tunggul Anshari, Dhia Al Uyun https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Religious Transfer As A Reason For Divorce In Islam
This study examines the legal issues of divorce in the context of domestic conflict triggered by religious conversion within Islam, which has not been explicitly regulated as a ground for divorce in Indonesian positive law. The study focuses on how the open-textured norm of Article 116 letter (f) of the Compilation of Islamic Law is interpreted in judicial practice, and its implications for legal certainty. The research method used is normative juridical with a statutory, conceptual, and case-based approach, to analyze the adequacy of the norm and the construction of its application by judges. The results of the discussion indicate that religious conversion cannot be used as a direct reason for divorce, but is only relevant if it causes continuous disputes and quarrels that impact household disharmony. However, the absence of operational parameters in the norm leaves room for judicial discretion and has the potential to lead to inconsistent decisions. Therefore, strengthening through the formulation of operational parameters that can guide judges' assessments in a more structured manner, including by adopting a preventive approach that considers early indications of conflict. These parameters include aspects of conflict escalation, ideological depth, impact on family function, and the possibility of disharmony rationally. Theoretically, this construction aligns with the principles of legal certainty and progressive law that is responsive to social dynamics. For implementation, these parameters should ideally be formulated in a Supreme Court Regulation as an interpretive guideline to improve the consistency, predictability, and quality of decisions in the religious courts
Divorce, Religious Conversion, Legal Certainty, Progressive Law, Compilation Of Islamic Law
Copyright (c) 2026 M. Abdurrahman Husain Al Habsyi, Abdul Rachmad Budiono, Nur Chanifah https://creativecommons.org/licenses/by-sa/4.0
Civil Liability of Notaries in The Execution of Bank Credit Agreement Deeds Based on Invalid or False Documents
This study aims to analyze the limits of a notary’s civil liability in the preparation of banking credit agreement deeds based on materially inaccurate documents, as well as to examine the juridical implications for the validity of authentic deeds and the legal relationships between the parties. The research employs a normative legal method with statutory, conceptual, and case approaches, supported by an analysis of banking regulations, the Civil Code, and the Notary Position Act. The results indicate that, in principle, a notary is only responsible for the formal validity of the deed, insofar as all procedures and statutory requirements have been fulfilled. However, under certain circumstances, a notary may be held civilly liable if proven to have acted negligently, carelessly, or in violation of the duty of prudence. Furthermore, the use of materially inaccurate documents may lead to defects of consent, unlawful acts, and the degradation of the evidentiary strength of an authentic deed into that of a private document. Therefore, it is necessary to establish clearer normative boundaries regarding the extent of material verification by notaries in order to ensure legal certainty and protection for the parties in banking credit practices. This study also emphasizes the importance of harmonizing the prudential banking principle with notarial authority to prevent an imbalance of legal responsibility that may adversely affect financial institutions and the public at large. In addition, it provides normative recommendations to clarify the scope of notarial liability in the future.
Copyright (c) 2026 Bimo Bimantoro, Sukarmi, Yenny Eta Widyanti https://creativecommons.org/licenses/by-sa/4.0
Rehabilitation of Notary Offices After Cancellation of Dishonorable Dismissal In Protection of Notary Rights
Indonesia, as a country governed by the rule of law, places law as the foundation for governance and the protection of citizens' rights. In ensuring legal certainty for various legal acts, notaries play a crucial role as public officials authorized to issue authentic deeds. However, in practice, notaries can be subject to administrative sanctions, including dishonorable dismissal, if they violate their obligations and prohibitions as stipulated in laws and regulations. Problems arise when the decision to dishonorably dismiss is subsequently overturned by the court, while the prevailing regulations do not clearly regulate the mechanism for rehabilitation of notaries. This situation creates a legal vacuum that has the potential to lead to legal uncertainty and the failure to protect the rights of injured notaries. This study aims to analyze the legal provisions regarding dishonorable dismissal of notaries and formulate appropriate regulations regarding rehabilitation of notaries upon the cancellation of such dismissal decisions. The research method used is normative legal research with a statutory, conceptual, and case-based approach. The legal materials used include laws and regulations, legal doctrine, and court decisions, particularly Supreme Court Decision Number 294 K/TUN/2021. The research results show that although the Indonesian legal system has provided legal protection mechanisms through administrative remedies and lawsuits to the State Administrative Court, there are no regulations that explicitly regulate the rehabilitation of a Notary's position after the revocation of a dishonorable dismissal decision. Therefore, regulations are needed that explicitly regulate the rehabilitation mechanism for a Notary's position, including restoration of a Notary's good name, reinstatement as a Notary, restoration of the right to practice, and the return of other administrative rights to ensure legal certainty and the protection of Notary's rights.
Copyright (c) 2026 Nisrina Putri Rizkya Nugroho, Arif Zainudin, R. Imam Rahmat Sjaf'i https://creativecommons.org/licenses/by-sa/4.0
Certainty of Determining Heirs of Different Religions And Implications In Preparing An Inheritance Certificate
This study aims to analyze the legal certainty in determining heirs of different religions and its implications in the issuance of a Certificate of Inheritance (SKW) in the Indonesian legal system. The problem of interfaith inheritance creates a dilemma between the normative provisions of Islamic inheritance law that prohibit inheritance between parties of different religions and the demands of justice in a pluralistic society. Normatively, the Compilation of Islamic Law emphasizes that religious differences are a barrier to inheritance, so that non-Muslim heirs do not have the right to inherit from Muslim heirs. However, in judicial practice, the Supreme Court through its jurisprudence provides a solution through the mechanism of mandatory wills to bridge the tension between legal certainty and substantive justice. This study uses a normative juridical research method with a statutory regulatory approach and a case approach, particularly through an analysis of court decisions related to interfaith inheritance. The results of the study indicate that the certainty of determining heirs of different religions is not only determined by written legal norms, but also by the development of jurisprudence that provides legal protection for non-Muslim heirs through mandatory wills. The implications of issuing a SKW place notaries in a limited position, namely, merely formalizing legal facts based on court rulings and not having the authority to determine the status of heirs. Therefore, notaries are required to exercise prudence and ensure that every deed they create complies with applicable law to ensure its legal validity
legal certainty, heirs of different religions, mandatory wills, Inheritance Certificate
Copyright (c) 2026 Sevira Eka Nur Salsabila, Abdul Rachmad Budiono, Rachmi Sulistyarini https://creativecommons.org/licenses/by-sa/4.0
Third-Party Binding of Prenuptial Deeds After Decision 69/PUU-XIII/2015
This study examines the legal meaning of the phrase "...approved by the marriage registrar or notary" in Article 29 paragraph (1) of Law Number 1 of 1974 on Marriage following the Constitutional Court Decision Number 69/PUU-XIII/2015, and analyzes the binding force of notarial deeds of marriage agreements against third parties. The research employs a doctrinal legal research method through library research, utilizing statute and conceptual approaches, with primary legal materials including the Civil Code, Marriage Law, Notary Position Law, and the Constitutional Court decision, supplemented by secondary materials such as legal literature, journals, and court rulings, analyzed descriptively and prescriptively via systematic and grammatical interpretation. Findings reveal that "approval" by a marriage registrar (Civil Registry Office) or notary constitutes a formal administrative act fulfilling publicity principles, where notaries achieve this through authentic deeds, notarization, legalization, or waarmerking of private documents, inherently providing perfect evidentiary power under Article 1868 and 1870 of the Civil Code without requiring subsequent registration. However, inconsistencies arise from implementing regulations like Circulars from the Directorate General of Civil Administration and Islamic Guidance, which mandate reporting to registrars, creating norm conflicts and judicial inconsistencies as seen in rulings such as High Court Decision 50/Pdt/2021/PT SMG (recognizing validity) versus Batam Religious Court 1718/Pdt.G/2021/PA.BTM (denying binding effect). The notarial deed possesses full binding force against third parties upon approval, grounded in progressive law theory prioritizing substantive justice, legal certainty, and preventive protection, though enhanced publicity via AHU Online registration is recommended to resolve practical ambiguities and ensure uniform enforcement.
Keywords: Marriage Agreement, Notarial Deed, Binding Force, Third Parties, Constitutional Court Decision 69/PUU-XIII/2015
Copyright (c) 2026 Ade Furota Husna, Abdul Rachmad Budiono, KRA MJ Widijatmoko https://creativecommons.org/licenses/by-sa/4.0
Bank Precautionary Principles Against Fraud In Ijarah Muntahiya Bit Tamlik Agreements
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 financing. Such measures are important to ensure legal certainty, reduce fraud risks, and strengthen public trust in the Islamic banking system.
precautionary principle, Islamic banking, Ijarah Muntahiya Bit Tamlik, fraud prevention, legal regulations.
Copyright (c) 2026 Jasmine Sarah Nabilla, Nur Chanifah, Letizia Dessy Andreassari https://creativecommons.org/licenses/by-sa/4.0
The Regulatory Design of Prosecutors’ Authority in Terminating Narcotics Cases under Restorative Justice
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.
Copyright (c) 2026 Arrum Maryana, Setiawan Noerdajasakti, Milda Istiqomah https://creativecommons.org/licenses/by-sa/4.0
Resolution of Insurance Disputes from Defective Consent After Constitutional Court Decision
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.
Copyright (c) 2026 Asa Prayoga Jiwangga, Ika Safitri, Adristi Rizkianita, Zaza Rezandrine https://creativecommons.org/licenses/by-sa/4.0
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.
Copyright (c) 2026 Budi Santoso, Suwardi https://creativecommons.org/licenses/by-sa/4.0
Legal Protection of Female Workers Through Marriage Agreements In Ponorogo Regency
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).
Copyright (c) 2026 Dody Syahrul Irawan, Abdul Rachmad Budiono, Rachmi Sulistyarini https://creativecommons.org/licenses/by-sa/4.0
Reformulation of Article 412 Law Number 1 of 2023on Cohabitation from a Legal Certainty Perspective
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.
Cohabitation, Criminalization, Legal Certainty, Complaint-Based Offense, National Criminal Code.
Copyright (c) 2026 Imera Azzahra Alivia, Prija Djatmika, Nurini Aprilianda https://creativecommons.org/licenses/by-sa/4.0
Notary's Prudence Duty Effectiveness in Indonesian Financing Deeds: BPRS Rifat Case
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.
Keywords: Notary, Prudential Principle, Financing Deed, Notarial Office, Legal Certainty.
Copyright (c) 2026 Salma Nur Azizah, Reka Dewantara, Dewi Iryani https://creativecommons.org/licenses/by-sa/4.0
Presidential Authority to Grant Abolition under the 1945 Constitution of Indonesia
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.
Copyright (c) 2026 Hendra Vranata, Siti Marwiyah , Fathul Hamdani https://creativecommons.org/licenses/by-sa/4.0
The Impact of the KPK Law Revision on Prosecutorial Authority
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.
Corruption, KPK, Prosecutor’s Office, Prosecution, Amendment of the KPK Law
Copyright (c) 2026 Moch Ridwan Affandi, Siti Marwiyah , Vieta Imelda Cornelis https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Amendments To Marital Property Separation Agreements In Civil Law Perspective
Keywords:Marital Property Separation Agreement; Amendment Of Marital Agreement; Constitutional Court Decision No. 69/PUU-XIII/2015; Civil Law; Legal Certainty.
Copyright (c) 2026 Calysta Dwiayu Wisnu Putri, Djumikasih, Stephanie Wilamarta https://creativecommons.org/licenses/by-sa/4.0
Physical And Sensory Disabilities: Legal Certainty And Justice In The Notary Profession
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 assessments, and evaluations for notaries who experience disabilities after being appointed.
Notary Position, Physical Disabilities, Sensory Disabilities, Legal Certainty, Dignified Justice
Copyright (c) 2026 Tiara Maharani, M. Hamidi Masykur, Arini Jauharoh https://creativecommons.org/licenses/by-sa/4.0
Customs Law Enforcement on Exports and Imports: An Empirical Study in Indonesia
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.
Copyright (c) 2025 Arkam Musa, Sunardi Purwanda, Muhammad Darwis, Muhammad Sabir, Muhammad Akbar Fhad Syahril https://creativecommons.org/licenses/by-sa/4.0
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
Implementation of Agrarian Reform On Assets And Equitable Access To Reform In Batu City
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.
Agrarian Reform, Reform Assets, Reform Access, Agrarian Justice, Land Commercialization, Batu City
Copyright (c) 2026 Nurul Salsabila Hadiyanti, Imam Koeswahyono, Ngesti Dwi Prasetyo 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