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
The Urgency of Obligation To Establish A Legal Entity For Foreign Over-The-Top (OTT) Service In Indonesia
This study evaluates the effectiveness and legal urgency of requiring foreign Over-the-Top (OTT) service providers to establish a legal entity in Indonesia. The existing regulatory framework—comprising the Income Tax Law, the Harmonization of Tax Regulations Law, and Circular Letter No. 3/2016—remains limited and has not fully adapted to digital economic realities, particularly the principle of significant economic presence. Using a normative juridical method combined with Economic Analysis of Law, this study finds that foreign OTT operations have created legal uncertainty due to regulatory fragmentation, lack of physical presence requirements, and weak enforceability. Comparative analysis with the U.S. economic nexus model demonstrates the need for Indonesia to shift towards digital presence–based taxation. The study concludes that harmonizing tax, communications, and trade regulations—supported by risk‑based and adaptive digital governance—is essential to strengthening fiscal justice, consumer protection, and national digital sovereignty.
Urgency, Legal Entity, Foreign Over The Top, Indonesia
Copyright (c) 2025 Mohamad Ibadi, Sukarmi, Patricia Audrey Ruslijanto https://creativecommons.org/licenses/by-sa/4.0
Business Licensing Obligations for E-Commerce under Government Regulation No. 80/2019
This study examines the discrepancy between das sollen and das sein regarding the obligation to register a business license as mandated in Article 15(1) of Government Regulation Number 80 of 2019. Although the regulation requires all business actors to register their licenses with the Central Government, its implementation in Malang City remains ineffective. Of approximately 85,200 MSMEs, only about 22,000 had obtained official licenses by 2024. The study addresses two issues: (1) the factors contributing to the low compliance of micro-enterprise actors with licensing requirements, and (2) the legal implications for those operating without a business license. Using a socio-legal method with a juridical-sociological approach, the research relies on primary and secondary data collected through fieldwork and literature study. The sample consists of 13 respondents and 2 key informants, analyzed qualitatively. The findings reveal that the main cause of ineffective implementation is the low level of legal awareness and knowledge among micro-enterprise actors. Eight respondents were unaware of the obligation to register with the Disnaker PMPTSP of Malang City, while five respondents were aware but had not complied. This demonstrates that regulatory implementation has not been optimal. The legal implications for non-compliant business actors include the loss of legal validity of their operations and the potential imposition of administrative sanctions under applicable laws.
Business License, Trading Activities, Electronic Systems, Government Regulations.
Copyright (c) 2025 Achmad Haekal, Sudarsono, Shinta Hadiyantina https://creativecommons.org/licenses/by-sa/4.0
Civil Law: Inheritance Law According To The Civil Code
Inheritance law is an important part of civil law that regulates the transfer of a person's assets after death to their heirs. In the Indonesian legal system, there are three applicable inheritance laws: Western civil inheritance law (KUHPerdata), Islamic inheritance law, and customary inheritance law. This article discusses inheritance law according toCivil Code(Civil Code) which is a legacy of Dutch law and is still in effect today. Research purposesThis study aims to analyze the inheritance law provisions in the Civil Code, explain the applicable inheritance principles and principles, and outline the status of heirs and the inheritance distribution mechanism based on positive law provisions. This research is expected to contribute to the development of civil law and serve as a reference in the practice of resolving inheritance disputes in Indonesia.This study uses a normative approach by analyzing provisions in the Civil Code and legal doctrines from experts. The analysis shows that the civil inheritance law system emphasizes the principles of individualism, freedom of will, and protection of the rights of certain heirs through legitimate institutions.
Copyright (c) 2025 Sulistyani Eka Lestari https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Individual Companies in Supporting the Development of Micro and Small Enterprises in Indonesia
This research aims to analyze the legal aspects of individual companies in supporting the development of micro and small enterprises (UMK) in Indonesia. Individual companies, which were introduced through Law Number 11 of 2020 concerning Job Creation and have been amended by Law Number 6 of 2023, offer convenience for MSEs in establishing legal entities. However, individual companies still face various legal obstacles that can hinder their effectiveness. This research identifies and evaluates these obstacles, including lack of clarity in regulations, conflicts of interest, and issues of owner responsibility and accountability. Through legal and conceptual approaches, this research examines the legal barriers of individual companies to the development of MSEs and provides recommendations for overcoming existing barriers. It is hoped that the findings from this research can contribute to the development of a legal framework that is more supportive for individual companies in order to advance MSEs in Indonesia.
Copyright (c) 2025 Ullia, Mohammad Roesli, Sri Anggraini Kusuma Dewi, Sulistyani Eka Lestari https://creativecommons.org/licenses/by-sa/4.0
Criminal Law Formulation Policy Regarding Payment of Money In Substitution For Criminal Acts of Corruption From The Perspective of Dignified Justice
Corruption is an extraordinary crime that remains a serious problem in Indonesia despite the implementation of various regulations such as Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. One important instrument in recovering state losses due to corruption is the penalty of replacement money. However, in practice, the application of replacement money as an additional penalty has not been effective due to legal and technical obstacles, such as the difficulty of tracking assets, weak coordination between law enforcement agencies, and the absence of a consistent execution mechanism. This study aims to analyze the legal implications of criminal law formulation policies related to the regulation of replacement money and to formulate a direction for criminal law reform based on the concept of dignified justice. This study uses a normative legal research method with a statutory, case, and conceptual approach. The analysis is conducted prescriptively through grammatical and systematic interpretation of laws and regulations, doctrine, and judicial practice. The results show that the regulation of replacement money as an additional penalty does not reflect substantive justice because it emphasizes the retributive aspect rather than the restorative aspect. Legal reform is needed by making compensation a primary punishment so that the primary objective of punishment is to restore state losses. The dignified justice approach positions humans as moral subjects responsible for redressing public losses, in line with the values ​​of Pancasila. Therefore, this reformulation is expected to create a more just, humane, and socially just criminal legal system.
Corruption, Replacement Money, Criminal Law Formulation Policy, Dignified Justice, Recovery of State Losses
Copyright (c) 2025 M. Khoirun Ni'Am, Prija Djatmika, Abdul Madjid https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty In The Provision of Free Notarial Services For The Underprivileged
This study aims to analyze the legal consequences of incomplete norms governing the obligation to provide free notarial services by notaries to the underprivileged as stipulated in Article 37 of the Notary Law (UUJN). This provision actually reflects the social function of the notary office in ensuring access to justice. However, Article 37 of the UUJN does not yet contain clear parameters regarding the criteria for the underprivileged, the types of notarial services that must be provided, or the financing mechanism. This study uses a normative legal research method with a statutory, comparative, and conceptual approach. The results show that the incomplete norms in Article 37 of the UUJN create legal uncertainty. Based on previous field research, there are differences in the implementation of the obligation to provide free notarial services among notaries for the underprivileged. A comparative study with Law Number 16 of 2011 concerning Legal Aid and Government Regulations related to its implementation shows that the legal aid system has a more comprehensive legal framework, including parameters for beneficiaries, types of services provided, and financing mechanisms from the state. Therefore, it is necessary to establish implementing regulations or technical guidelines that detail the obligation to provide free notarial services, as explained above. This normative reconstruction is crucial to ensuring legal certainty for notaries and the beneficiary community.
Legal Certainty, Notary, Underprivileged Society
Copyright (c) 2025 Ishma Safira Syaid, Djumikasih, Trie Sulistiowarni https://creativecommons.org/licenses/by-sa/4.0
Regulations On Proofing Marriage Announcement As A Requirement For Catholic Divorce In Indonesia
This study examines the urgency of the annulment letter in the Catholic divorce system in Indonesia as a legal instrument that plays a crucial role in bridging the gap between civil law and the canon law of the Catholic Church. The annulment letter serves not only as an administrative document but also as proof of the legality of the annulment of marriage, determining the validity of the marriage sacrament according to Church law. This study found that the lack of clear regulations regarding the recognition and verification of annulment letters in district courts can lead to legal uncertainty and conflict over the dual status between civil and canonical recognition. The annulment process in the Catholic Church itself is a pastoral judicial mechanism that assesses the validity of a marriage based on the norms of faith and canon law, with stages including filing, examining evidence, and a tribunal decision. This study emphasizes the importance of synchronizing the results of the ecclesiastical tribunal process with the national legal system to ensure justice, legal certainty, and the protection of the rights of Catholics. A comparative approach to the legal systems of other countries shows that the integration of the results of religious tribunal decisions into the national legal system can be achieved through transparent and measurable administrative mechanisms. Thus, the regulation of proof and recognition of annulment letters in Indonesian national law is expected to realize harmonization between religious law and state law, while strengthening legal, spiritual, and social protection for Catholic couples.
Annulment Letter, Marriage Annulment, Canon Law, Catholic Divorce, Legal Certainty
Copyright (c) 2025 Arda Zamiatun, Rachmi Sulistyarini, Nur Chanifah https://creativecommons.org/licenses/by-sa/4.0
The Legal Safeguards For Buyers of Land Acquired Through Debt Settlement (Study of Decision Number 12/Pdt.G/2018/PN.Btl)
Legal protection for good-faith land buyers is a fundamental aspect in maintaining the balance between justice, legal certainty, and benefit in the Indonesian civil law system. Problems often arise when the land being traded is previously involved in a debt-to-credit relationship, thus giving rise to potential disputes between creditors and buyers. This article aims to analyze the forms of legal protection for good-faith buyers based on the provisions of the Civil Code, the Basic Agrarian Law, and various Supreme Court jurisprudential decisions. The analysis results show that good-faith buyers receive legal protection in three forms: preventive, repressive, and normative. Preventive protection is realized through land administration mechanisms such as the preparation of a sale and purchase deed by a Land Deed Official (PPAT) and land registration at the land office. Repressive protection is provided through a court decision rejecting a third-party lawsuit if it is proven that the buyer has acted in good faith. Meanwhile, normative protection stems from the principles of good faith, the principle of legal certainty, and the doctrine of justice applicable in Indonesian civil law. Thus, the existence of this legal protection not only guarantees ownership rights for buyers in good faith, but also strengthens public trust in the national land law and governance system.
Copyright (c) 2025 Syaffi' Rangga Raditya Ramdhan, Rachmi Sulistyarini, Dyah Ayu Wisnuwardhani https://creativecommons.org/licenses/by-sa/4.0
The Principle of Fault In Absolute Responsibility For Environmental Crimes (Study of Decision Number 107/PDT.G/Lh/2019/PN JMB)
The environment holds an important position in the Indonesian legal system as stipulated in Article 28H paragraph (1) and Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia, which guarantees the right to a good and healthy environment. However, the increasing number of corporate activities that cause environmental pollution and damage raises fundamental issues related to criminal liability. Classical criminal law adheres to the principle of fault (mens rea), namely that a person can only be punished if they have intent (dolus) or negligence (culpa). The application of this principle becomes problematic when the perpetrator is a corporation that does not have an inner will like humans. To address this, Law Number 32 of 2009 concerning Environmental Protection and Management introduced the principle of strict liability, which allows for criminal punishment without proving the element of fault if environmental pollution or damage is proven to have occurred. This study analyzes the application of the principle of fault and the principle of strict liability in the Jambi District Court Decision Number 107/Pdt.G/LH/2019/PN Jmb using a juridical-normative method with a statutory and case approach. The study's findings indicate that the application of strict liability in the decision reflects a paradigm shift in environmental criminal law from a fault-based model to a system of accountability oriented toward ecological protection. While this principle strengthens the victim's position and the effectiveness of environmental law, it has also generated debate because it potentially undermines the principle of geen straf zonder schuld (no crime without fault).
Principle of Fault, Absolute Liability, Corporation
Copyright (c) 2025 Fitria Wildasari, Tongat https://creativecommons.org/licenses/by-sa/4.0
Formulation For Resolution of Partial Or Complete Overlapping of Mining Business Permit Areas
Mineral and coal mining plays a strategic role in national development because it contributes to economic growth, energy security, and increased state revenue. However, this sector still faces serious problems in the form of overlapping Mining Business Permit Areas (WIUP), which give rise to legal uncertainty, conflicts of interest, and inefficient natural resource governance. Overlapping permits arise from a weak licensing administration system, regulatory disharmony, and a lack of coordination between central and regional government agencies. This situation has implications for disrupting the investment climate, declining business confidence, and reducing state revenue from the mining sector. As a normative response, Law Number 2 of 2025, specifically Article 171B, regulates the authority of the Central Government to evaluate and revoke Mining Business Permits (IUP) that experience overlap in part or all of their areas. This policy is a strategic step to reorganize licensing and ensure legal certainty in accordance with the mandate of Article 33 of the 1945 Constitution. However, its implementation faces challenges in the form of limited integrated spatial data, a weak national mining information system, and the absence of a standard mechanism for resolving overlapping permit disputes. This study uses a normative juridical method with a statutory, conceptual, and case approach to analyze the urgency and formulation of regulations for resolving overlapping WIUPs. The results of the study indicate that derivative regulations are needed in the form of comprehensive, systematic, and applicable Government Regulations to regulate the evaluation, revocation, and dispute resolution mechanisms in a transparent manner. Thus, clear and integrated regulations are not only able to create legal certainty and justice, but also ensure the utilization of mineral and coal resources for the greatest prosperity of the people.
Minerals and Coal; Overlapping WIUP; Mining Business Permits; Legal Certainty; Natural Resource Governance; Law Number 2 of 2025
Copyright (c) 2025 Meylin Sihaloho, Indah Dwi Qurbani, Venny Indria https://creativecommons.org/licenses/by-sa/4.0
The Obligation of Sharia Certification For Notaries In The Preparation of Financing Contract Deeds In Islamic Banking
This study discusses the urgency and regulation of sharia certification obligations for notaries who make financing agreements in Islamic banking in Indonesia. The main problem arises because there is no legal norm that regulates notary sharia certification, thus creating a legal vacuum (rechtsvacuum) which has an impact on legal uncertainty, low legitimacy of deeds, potential disputes, and the risk of violating sharia principles such as the prohibition of usury, gharar, and maysir. This study formulates two main problems: (1) the urgency of regulating the obligation of notaries to have sharia certificates in making sharia financing agreements, and (2) the design of sharia certification regulations for notaries in order to increase sharia compliance in financing agreements in Islamic banking. The research method used is normative juridical with a statutory, conceptual, and comparative legal approach, based on primary, secondary, and tertiary legal materials. The results of the study indicate that notary sharia certification is very important to ensure the conformity of deeds with sharia principles and positive law. The necessary regulations must include a comprehensive curriculum containing Islamic legal principles, fatwas from the National Sharia Council (DSN-MUI), national regulations, and structured education and competency testing. Furthermore, a regular monitoring and evaluation mechanism by the Sharia Supervisory Board (DPS) is necessary to maintain professional standards and Sharia compliance. Comparison with practices in other countries, particularly Turkey, demonstrates the need for Indonesia to adopt more stringent and systematic regulations. This study recommends the establishment of formal regulations regarding mandatory Sharia notary certification, an integrated certification and supervision body, the implementation of training and competency testing, and optimizing the role of the DPS in overseeing Sharia compliance.
Copyright (c) 2025 Siti Anisa Maulida https://creativecommons.org/licenses/by-sa/4.0
The Scope of Supervision By The Heritage Over The Use of Assets By Persons Under Guardianship
The Estates Office (BHP) is a colonial legacy institution that continues to exist in the Indonesian legal system, with the authority to manage inherited assets, oversee guardianships, and implement trusts. This study aims to analyze the BHP's authority in overseeing trusts, the role of notaries and PPATs in supporting the legality of legal actions, and Limitations on the use of assets by guardians for the benefit of those under guardianship. The method used is socio-legal research with a legal and conceptual sociology approach, through a case study at the Surabaya Legal Trust Agency (BHP). The results of the study indicate that BHP has a strategic role as a supervisory guardian to ensure that the guardian carries out its obligations in accordance with the law, protects the rights of parties who are legally incompetent, and prevents abuse of authority. However, the effectiveness of supervision is still hampered by limited human resources, undigitized administrative infrastructure, difficulties in cross-agency coordination, and legal gaps regarding sanctions for negligent guardians. Concrete cases demonstrate negligence by guardians that impacts the fulfillment of the needs of the custodial party, demonstrating the weakness of existing technical regulations. This study emphasizes the importance of reformulating regulations regarding guardianship, strengthening the capacity of BHP, accelerating digitalization, and optimizing inter-agency cooperation to increase the effectiveness of supervision. Thus, BHP can function optimally as a state instrument in providing substantive legal protection for vulnerable parties, while realizing the principles of legal certainty, justice, and benefit.
Copyright (c) 2025 Fairuszia Carista Syukroini Putri, Iwan Permadi, Arini Jauharoh https://creativecommons.org/licenses/by-sa/4.0
Paradigm Transformation in Land Area of Plantation Cultivation Right from Agrarian Basic Law to Job Creation Law
The regulation of land area for plantation cultivation rights (Hak Guna Usaha/HGU) has changed from 1960 to 2023. Paradigm theory is one of the theories that examines why and what reasons lie behind written regulations. When legal changes occur, a paradigm shift also takes place. This article addresses the issue of what paradigm is used to determine the land area for plantation cultivation rights in several laws and whether a paradigm shift has occurred. A normative research method is chosen to examine the provisions regarding the land area of cultivation rights in four laws. The analysis uses a systematic, conceptual, and historical approach. This study shows a shift in paradigm in the granting of cultivation rights, particularly from 1960, which emphasized social justice, to 2023, which prioritizes economic interests.
Cultivation Rights, Plantation, Land Area, Paradigm.
Copyright (c) 2025 setiawan wicaksono, Imam Koeswahyono, Iwan Permadi, Hanif Nur Widhiyanti https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty in the Granting of Land Rights to Indigenous Law Communities in Coastal Areas
The Indonesian Constitution, through Article 18B paragraph (2), Article 28I paragraph (3), and Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, expressly mandates the recognition and respect of indigenous legal communities (MHA) and their traditional rights, and places natural resources under the control of the state for the greatest prosperity of the people. However, current positive legal practices show inconsistencies, particularly in the provisions of Article 22 of the Coastal Areas and Small Islands Law, which has been amended through the Job Creation Law with Article 138 paragraph (4) of Government Regulation Number 21 of 2021. This inconsistency has an impact on legal uncertainty in MHA management areas, the potential for criminalization of coastal indigenous communities, conflicts of authority between ministries, and the neglect of the principle of legal pluralism guaranteed by the constitution. This research uses a normative juridical method with a statutory and conceptual regulatory approach, supported by primary, secondary, and tertiary legal materials that are analyzed prescriptively through systematic and teleological interpretation. The research findings indicate that an ideal formulation of ius constituendum is needed through a paradigm shift in natural resource management from state-based to community-based, automatic recognition of indigenous peoples' (MHA) management areas, legal certainty in the RTRW (Regional Spatial Plan), preventive and repressive legal protection, and the establishment of customary territory management institutions. These regulations are crucial for realizing a national legal system that guarantees legal certainty, substantive justice, social benefits, and the sustainability of coastal ecosystems.
Customary Law Communities, Coastal Areas, Legal Certainty, Land Rights, Ius Constituendum
Copyright (c) 2025 Rizky Alif Akbar, I Nyoman Nurjaya, Mohammad Hamidi Masykur https://creativecommons.org/licenses/by-sa/4.0
Settlement of Workers’ Entitlements To Other Wage Components In The Event of Corporate Bankruptcy
This thesis discusses the rights of workers in bankruptcy situations which have been regulated in the Manpower Law and the Bankruptcy Law, but their implementation still faces obstacles, especially related to the priority order of payments when compared to other creditors. Constitutional Court Decision Number 67/PUU-XI/2013 confirms that the obligation to pay wages to workers must take priority over all other types of creditors, including separatist creditors. This study aims to answer two problem formulations: (1) Are workers who experience termination of employment (PHK) due to the company going bankrupt in their position as preferred creditors entitled to other wages that have not been paid? and (2) How is the mechanism for payment of workers' rights to other wages that have not been paid compared to other creditors in the bankruptcy process. The research method used is normative juridical with a statutory, conceptual, and comparative approach. The results of the study show that workers who experience termination of employment (PHK) due to the company going bankrupt have the position of preferred creditors as regulated in Article 95 paragraph (4) of the Manpower Law and Article 39 paragraph (2) of Law Number 37 of 2004 concerning Bankruptcy and PKPU. This position gives priority rights to workers for payment of wages, including other wages that have not been paid. Thus, workers are entitled to other wages even though the company is in a state of bankruptcy, as long as it is recognized in the list of receivables. In the bankruptcy process, the mechanism for payment of workers' rights takes priority over concurrent creditors, but does not necessarily exclude separatist creditors (holders of property security rights). The order of payment begins with the settlement of bankruptcy costs, then workers' rights, only after that the remaining bankruptcy assets are used to pay separatist and concurrent creditors. With this mechanism, workers obtain legal protection for their wage rights, although in practice there are often obstacles due to the limited value of the available bankruptcy assets.
Copyright (c) 2025 Mochamad Ilham, Budi Santoso, Sugeng Santoso Pudyo N https://creativecommons.org/licenses/by-sa/4.0
The Legal Framework Construction For Regulating Non-Judge Mediators Outside The Court
This thesis discusses the basic legal construction of the regulation of non-judgmental mediators outside the court, with a focus on the incompleteness of the regulations in Articles 4, 11, and 36 of Supreme Court Regulation (Perma) No. 1 of 2016. These provisions do not adequately regulate the position, authority, and responsibilities of non-judgmental mediators, thus creating legal uncertainty and potentially weakening the legitimacy of non-litigation mediation results. This study aims to answer two research problems: (1) the urgency of establishing legal regulations regarding non-judgmental mediators outside the court; and (2) the appropriate basic legal construction for the regulation. The research method used is normative juridical with a statutory, conceptual, and comparative approach. The results of the study indicate that the urgency of establishing new regulations lies in the need to guarantee legal certainty, strengthen the position of mediators, and increase the effectiveness of mediation as an alternative dispute resolution. Based on Gustav Radbruch's theory of legal certainty, the current regulations do not fulfill the principle of legal certainty. Therefore, it is necessary to amend Articles 11 and 36 of Perma No. 1 of 2016, which covers the qualifications, legal status, accreditation, supervision, code of ethics, and accountability of non-judge mediators. This construction is based on Singapore's Mediation Act 2017 and analyzed using Maria Farida's legal theory. This proposal is expected to provide legal certainty and strengthen the non-litigation mediation system in Indonesia.
Copyright (c) 2025 Azahra Hajar Gautama, Reka Dewantara, Hamidi Masykur https://creativecommons.org/licenses/by-sa/4.0
Right To Restitution For Victims of Human Trafficking Criminal ACTS
The aim is to find out about the Judge's Considerations in Deciding on the Right to Restitution in Decision Number 738/Pid.Sus/2023/Pt Sby) according to Positive Law. The research method used in the research carried out is the Normative Juridical legal research method, also called normative legal research or doctrinal legal research. Results of the Surabaya High Court Decision Number 738/PID.SUS/2023/PT SBY The judge's consideration in granting restitution to the victim was in accordance with the law and justice for the victim.
Copyright (c) 2025 Widi Purnomo, Bastianto Nugroho, Adies Kadir https://creativecommons.org/licenses/by-sa/4.0
The Effectiveness of The Supervision By The Regional Supervisory Council Over Notaries Based On Article 67 Paragraph (5) of The Notary Office Act
This study examines the effectiveness of supervision by the Malang Raya Regional Supervisory Council (MPD) on the behavior and implementation of notary positions based on Article 67 paragraph (5) of the Notary Position Law. The background of the study is that there are still notaries who do not carry out their duties according to the provisions, so that effective supervision is important. The study uses an empirical method (sociolegal) with a legal and conceptual sociology approach, through interviews, observations, and literature studies. The results of the study indicate that supervision by the MPD is normatively in accordance with the rules, but in practice it is not optimal. Limited intensity, the absence of supervisory mechanisms at times, and a focus more on administrative aspects than professional ethics make the effectiveness of supervision low. The main obstacles include the lack of MPD members, the absence of firm sanctions, and low awareness of notaries. As a result, supervision does not fully reflect the principles of accountability, transparency, and the function of professional development. The study concludes that institutional strengthening, consistent enforcement of sanctions, and ethical development are needed to improve notary professionalism.
Copyright (c) 2025 Intan Nirmala Ramadhani, Hanif Nur Widhiyanti, Diah Aju Wisnuwardhani https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Illegal Animal Trade In Surabaya
The aim of the research is to determine the legal protection for criminal acts in the trade in protected animals in Surabaya. The research method is normative juridical research, namely research that describes in detail the social phenomena that are the main problems in everyday life in relation to the applicable positive criminal law regulations. The results of criminal law enforcement regarding the protection of protected wild animals, especially those that occurred in the Surabaya District Court area with Case Register Number 2451/Pid.B/LH/2023/PN Sby, show efforts to enforce criminal law, namely declaring defendant I MUHAMMAD SOFYAN UMAR, defendant II INDRI SETIAWAN, and defendant II BENI KRISTIANTO have been legally and convincingly proven guilty of committing the criminal act of participating in intentionally keeping and trading in protected animals while alive, guilty and possibly guilty of committing the criminal act of "trafficking in protected animals while alive".
Copyright (c) 2025 Muhammad Faishal Mahdy, M. Hidayat, Priambodo Adi Wibowo https://creativecommons.org/licenses/by-sa/4.0
Legal Protection of Land Ownership Rights In Conflicts With The Kendari Forest Area
This study examines the agrarian conflict in Tanea Village, South Konawe Regency, Southeast Sulawesi, which originated from an overlap between community ownership certificates and claims to protected forest areas based on the Decree of the Minister of Agriculture No. 639/Kpts/Um/9/1982 (TGHK). The designation of forest areas without community involvement has created legal uncertainty, restricted access, and the potential for criminalization of farmers. This study uses a socio-legal method with a sociological juridical approach through a normative review of regulations (UUPA, Forestry Law, PP 23/2021, PP 43/2021, Permen LHK 7/2021, MK Decision No. 34/PUU-IX/2011) as well as an empirical study of rights holders, BPN officials, BPKH, and agrarian-forestry experts. The results show that the conflict was triggered by regulatory disharmony, data asymmetry between agencies, dualism of authority, weak evidence of ownership, and the absence of community participation in determining area boundaries. Legal protection efforts can be pursued preventively through negotiation, mediation, and regulatory boundary change mechanisms, or repressively through lawsuits to the State Administrative Court (PTUN). This research emphasizes the importance of community participation in forest boundary inventory, optimizing the One Map Policy, and synchronizing digital data between agencies to achieve fair and balanced legal certainty for both the community and the state.
Copyright (c) 2025 Muhammad Takeshi Yusran, Imam Koeswahyono, Indah Dwi Qurbani https://creativecommons.org/licenses/by-sa/4.0
Legal Review of The Criminal Act of Defamation Through Writing
The aim of the research is to determine the application of the law to criminal acts of defamation through writing. The research method is normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a juridical philosophical sense. The basic results of the judge's legal considerations in deciding criminal defamation cases. There are proven facts in the elements of Article 311 paragraph (1) of the Criminal Code, in this case the crime of defamation. There is evidence based on valid evidence as regulated in Article 184 of the Criminal Procedure Code which is proven at trial. Factors that mitigate and aggravate the defendant.
Copyright (c) 2025 Frengki Yulianto, Bastianto Nugroho, Sri Anggraini K. Dewi https://creativecommons.org/licenses/by-sa/4.0
Responsibility For Personal Data Protection
This study examines the Indonesian government's legal responsibilities in protecting citizens' personal data, focusing on constitutional, administrative, and criminal aspects. Using normative legal research methods, the analysis incorporates provisions from the 1945 Constitution, the Personal Data Protection Law (UU PDP), and related regulations to evaluate the state's obligations in preventing and addressing data breaches. The findings reveal that personal data protection is a constitutional right under Article 28G(1) of the 1945 Constitution, reinforced by the UU PDP. As data controllers, government institutions bear layered responsibilities including preventive measures, administrative compliance, victim compensation, and constitutional accountability. However, criminal liability only applies to individual officials rather than government institutions as legal entities. Despite existing safeguards, regulatory gaps remain particularly concerning administrative sanctions, compensation mechanisms, and the establishment of an independent oversight body as mandated by the UU PDP. To strengthen data protection, this study recommends: (1) refining implementing regulations; (2) enhancing oversight mechanisms; (3) improving government officials' capacity; (4) increasing public awareness; and (5) fostering international cooperation to address cross-border data violations. These measures are crucial for ensuring effective personal data protection and safeguarding citizens' constitutional rights in the digital age.
data protection, government liability, PDP Law, constitutional rights, regulatory framework
Copyright (c) 2025 Niken Arief Rahayuana, Nynda Fatmawati Octarina https://creativecommons.org/licenses/by-sa/4.0
Incomplete Regulations of Mediator Competence Standards As A Requirement For Members of Consumer Dispute Resolution Agencies
This thesis examines the incompleteness of the mediator competency standards set in the Minister of Trade Regulation No. 72 of 2020 as a requirement for members of the Consumer Dispute Resolution Agency (BPSK). The regulation does not explicitly stipulate mandatory training or certification of mediators for BPSK members, thus opening up the possibility of mediation being carried out by parties without a legal background or mediation skills. This has an impact on the low quality of dispute resolution, injustice for the parties, and decreased public trust in BPSK as a dispute resolution institution. This study uses a normative juridical method with a statutory, conceptual, and comparative approach. Based on the analysis, the absence of mediator competency regulations causes legal uncertainty (Gustav Radbruch's Theory of Legal Certainty) and violations of the principle of distributive justice (Aristotle). As a solution, this thesis recommends the reconstruction of Minister of Trade Regulation No. 72 of 2020 by adopting the German legal system model, namely requiring mediator certification and the imposition of administrative sanctions for violations. This proposal is in line with the civil law system and Philipus M. Hadjon's theory of authority, which emphasizes the importance of proportionality and professionalism in the implementation of public authority.
Copyright (c) 2025 Rayhan Rizky Fitrianto, Hamidi Masykur, Yenny Eta Widyanti https://creativecommons.org/licenses/by-sa/4.0
Criminological Analysis of Sexual Violence against Children in Mamasa
This study aims to observe and pay attention to the applicable legal norms in relation to the facts regarding the application of criminal penalties for perpetrators of child sexual intercourse in Mamasa, This study uses a sociological or empirical approach in Mamasa Regency. Types and sources of legal materials use primary and secondary legal materials, The factors causing the crime of sexual intercourse with children in Mamasa are low levels of education, the economy in this case poverty and environmental factors that can have major influences on a person's treatment. To prevent sexual intercourse with children, preventive efforts are needed such as preemptive, namely prevention so that the crime does not occur, then preventive efforts, namely action taken by authorized officers in accordance with laws and regulations, and repressive efforts, namely efforts to return perpetrators of crimes to further return perpetrators who have served their sentences to be able to return to community life.
Criminal, Sexual, Violence, Children, Mamasa
Copyright (c) 2025 Jhon Franklin Pasande, Sunardi Purwanda, Muhammad Sabir, Bakhtiar Tijjang, Kairuddin Kairuddin https://creativecommons.org/licenses/by-sa/4.0
Fulfilment of Accessibility Rights For Persons With Disabilities In Class IIA Correctional Institutions In Parepare City
This study aims to analyze the implementation of accessibility rights fulfillment for inmates with disabilities at the Class IIA Correctional Institution in Parepare City. Persons with disabilities are a vulnerable group requiring special treatment in accordance with human rights principles and national regulations, such as Law Number 8 of 2016 concerning Persons with Disabilities and Law Number 22 of 2022 concerning Corrections. This research employs a normative-empirical method with a statutory and social approach through literature study, observation, and direct interviews with prison officials and inmates with disabilities. The results show that the Class IIA Correctional Institution in Parepare has taken significant steps to fulfill accessibility rights, such as providing special shuttle services, rooms with sitting toilets, separation of inmates with disabilities, intensive care, and wheelchair facilities. In addition, there is collaboration with the Health Office, Ministry of Social Affairs, and other agencies to support optimal services. However, there are still shortcomings, such as the unavailability of hearing aids for inmates with hearing impairments. In general, the Class IIA Correctional Institution in Parepare demonstrates a commitment to providing inclusive and non-discriminatory services, including the right to interact with other inmates. These findings highlight the importance of continuous improvement to create a disability-friendly correctional environment.
Copyright (c) 2025 Muhammad Kemal Yunus, Sunardi Purwanda, Iswandy Rani Saputra, Muhammad Sabir, Kairuddin https://creativecommons.org/licenses/by-sa/4.0
Philosophy of Justice In The Shadow of Plurality A Feminist Interpretation of Legal Inequality Towards Women
This article explores the critical relationship between justice, feminist jurisprudence, and legal pluralism in the context of Indonesia's multilayered legal system. While classical legal philosophy particularly Aristotelian thought has long conceptualized justice in terms of distributive and corrective fairness, such frameworks often fall short in addressing systemic gender inequality. In societies marked by legal pluralism, including Indonesia, women remain structurally marginalized within state law, customary law, and religious law. This study examines how feminist jurisprudence provides an alternative lens for reinterpreting justice by centering the lived experiences of women and exposing patriarchal power structures embedded in legal institutions. Feminist jurisprudence challenges the presumed neutrality of law, revealing its complications in reinforcing male dominance and silencing women's voices. In the plural legal landscape of Indonesia, patriarchal norms are often preserved through the state's accommodation of discriminatory practices under the guidance of respecting cultural traditions or religious autonomy. Customary inheritance laws, the positioning of women in marriage, and religious family law disproportionately disadvantage women. Despite formal legal reforms such as the enactment of the Domestic Violence Law and the Sexual Violence Law, implementation remains hindered by institutional gender bias and cultural resistance. By integrating feminist legal theory into the discourse on justice, this paper advocates a shift from formal equality to substantive, transformative justice. Legal pluralism, rather than being a neutral space of cultural expression, must be critically interrogated to prevent the legitimization of systemic gender oppression. Ultimately, the article argues that feminist jurisprudence offers both a theoretical and practical pathway for reconstructing inclusive legal systems that uphold the rights and dignity of women in pluralistic societies.
Feminist Jurisprudence, Pluralism, Justice Philosophy, Gender Equality
Copyright (c) 2025 Fitria Wildasari, Sidik Sunaryo https://creativecommons.org/licenses/by-sa/4.0
Implementation of The Obligation To Hold Annual Members Meetings of Cooperatives In Gianyar Regency
Although the number of cooperatives continues to increase, challenges such as weak management, lack of training, and lack of professionalism of the supervisory body still hamper the development of cooperatives. In Gianyar Regency, many cooperatives do not hold RATs, resulting in violations of the Cooperative Law and Permenkop Number 19 of 2015 which requires a RAT at least once a year. Data from 2024 shows that 210 of the 877 active cooperatives in Gianyar did not hold a RAT. This study aims to identify deviations and their impacts as well as the responsibility of management for not holding a RAT. The implementation of the Annual Members Meeting (RAT) of cooperatives in Gianyar Regency is still ineffective due to weak internalization of legal norms, low awareness of management and members, and structural, technical, and cultural obstacles. This ineffectiveness shows that cooperative legal regulations are not optimal due to a lack of commitment and a strong legal culture. To overcome this, it is necessary to strengthen supervision by the Cooperative Service, technical training, development of digital systems, reformulation of educational sanctions, and increasing the internal capacity of cooperatives. With synergy between the government, cooperatives, and the community, the RAT can become a culture of democratic and accountable governance in accordance with legal and cooperative values.
Copyright (c) 2025 Ni Kadek Nuraiti, Amelia Sri Kusuma Dewi, Fathul Laila https://creativecommons.org/licenses/by-sa/4.0
Legal Politics of Sea Sand Mining Governance From The Perspective of Blue Economy
The governance of marine sand mining in Indonesia has been controversial since the issuance of Government Regulation No. 26 of 2023 concerning the Management of Sedimentation in the Sea. The discourse on the blue economy in coastal development has been used as the basis for the government to implement governance regulations for coastal and marine areas. The type of research used is legal-normative research employing two approaches: the legal approach and the conceptual approach. The results of this study indicate that the legal policy on the management of marine sand mining does not reflect rules that align with democratic principles. This is evidenced by the fact that the process of making the regulation was not conducted transparently and involved minimal public participation. Based on this, there are two alternative recommendations that can be chosen to address the issue: revising the parts that do not reflect a commitment to the greatest prosperity of the people or implementing a moratorium on policies related to the management of marine sand mining, so that marine sand mining is not reintroduced as it was in 2002. Furthermore, moving forward, the government needs to be more prudent in determining political considerations that are consistently aligned with the principles of the blue economy.
legal politic, sea sand, blue economy, sustainability
Copyright (c) 2025 Amalia Zulfa Pritasari, Rachmad Safa’at, Indah Dwi Qurbani https://creativecommons.org/licenses/by-sa/4.0
The Authority of Judicial Orders of the Constitutional Court A Study of Legal Construction and Separation of Powers in Indonesia
This study discusses the authority of judicial orders issued by the Constitutional Court in the context of legal construction and the principle of separation of powers in Indonesia. Judicial orders, as a concrete form of the expansion of the role of the judiciary, play an important role in filling legal gaps and ensuring the implementation of the Constitution, especially when the executive and legislative branches fail to fulfill their obligations. This study employs a normative legal approach with three analytical methods: a statutory approach, a case study of Constitutional Court decisions, and a conceptual approach to relevant legal theories. The findings indicate that judicial orders in Indonesia are not supported by a strong implementation framework, unlike practices in other countries such as India, Colombia, South Africa, Austria, and Germany, which are more progressive in regulating and supervising the implementation of judicial orders. The Indonesian Constitutional Court tends to issue declaratory or conditional rulings, but effective follow-up mechanisms do not accompany these. Therefore, this study recommends reformulating rulings to be more operational, establishing an implementation oversight unit, and adopting a continuing mandamus model for strategic issues as part of efforts to strengthen the role of the Constitutional Court in upholding constitutional supremacy and substantive justice in a constitutional democracy.
Copyright (c) 2025 Syafiq Ramdhani, Tunggul Anshari Setia Negara, Riana Susmayanti https://creativecommons.org/licenses/by-sa/4.0
Analysis of Inventory As An Object of Fiduciary Security In Credit Agreements Juridical Philosophical And Sociological Review
The development of the global economy is progressing rapidly in line with the dynamics of globalization. To support economic activities, large amounts of capital are required that are quick and easy to access. One of the ways to obtain such funds is by applying for credit through financial institutions. In the credit application process, collateral or security is typically required to guarantee the debt. One such object of fiduciary security is inventory. Inventory is a type of movable property that can serve as fiduciary collateral. This study aims to examine the concept of inventory as fiduciary collateral and to analyze its philosophical, juridical, and sociological foundations. The findings indicate that inventory, as fiduciary collateral, may include raw materials, goods in process, and finished goods. Philosophically, this type of collateral is based on a relationship of trust between creditor and debtor, particularly regarding the repayment of debt as agreed upon using the specified collateral.Juridically, the use of inventory as fiduciary collateral is regulated under Law Number 42 of 1999 concerning Fiduciary Security, specifically in the Elucidation of Article 6 letter c. The unique characteristic of inventory lies in its dynamic and transferable nature, which results in the principle of droit de suite (right of pursuit) not being applicable. This is further emphasized in Articles 20 through 24 of the Fiduciary Security Law. Sociologically, fiduciary security agreements involving inventory contribute positively to economic activities within society and support the realization of equitable, prosperous, and just welfare.
Copyright (c) 2025 Happy Trizna Wijaya, Made Warka, Krisnadi Nasution https://creativecommons.org/licenses/by-sa/4.0