YURISDIKSI : Jurnal Wacana Hukum dan Sains
YURISDIKSI: Jurnal Wacana Hukum dan Sains, publishes research on various topics, national law and international law in Indonesia, including legal analysis and judge decisions. This journal has published some of the most popular articles during the pandemic about handling the law during the Covid-19 era and other legal handlers in Indonesia. as well as an up-to-date analysis of current legal issues in Indonesia. This journal also has a Printed ISSN 2086-6852 and an Online ISSN 2598-5892, with DOI prefix number: 10.55173. This journal is published by the Faculty of Law, Universitas Merdeka Surabaya, Indonesia, which publishes four times a year, namely in June, September, December and March.
Faculty of Law, Merdeka University Surabaya, Indonesia
Legal Certainty of State Land as an Object of Waqf
This research aims to critically analyze the legal certainty of state land as a waqf object within the Indonesian legal system, particularly regarding the legal position of the state as the holder of the right to control land and the validity of the Waqf Pledge Deed over state-controlled land. This study employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary legal sources in the form of agrarian and waqf-related legislation, secondary legal sources including books, journals, and expert opinions, and tertiary legal materials supporting the analysis. The findings demonstrate that the state does not possess legal standing as a waqif because the state’s right to control land constitutes a public authority to regulate and administer land rather than a proprietary right within private law. Consequently, state land cannot directly become an object of waqf without the prior granting of land rights. Furthermore, the validity of a Waqf Pledge Deed concerning state land is highly dependent on the legal status of the land. Such a deed may be deemed invalid if it is established over pure state land that has not been subject to specific land rights, as it fails to fulfill the ownership requirement of the waqif. The novelty of this research lies in its analysis of the normative conflict between agrarian law and waqf law concerning the legality of state land as a waqf object, as well as in clarifying the limits of state authority in land waqf practices in Indonesia.
Keywords : Legal Certainty, State Land, Land Waqf, State Control Rights, Waqf Pledge Deed.
Copyright (c) 2026 Muhammad Ferdynan Alfareza, Herlindah, Supriyadi https://creativecommons.org/licenses/by-sa/4.0
Inconsistency in Constitutional Interpretation in The Judicial Review of The Anti-Corruption Law in Indonesia
This study aims to analyze the dynamics of constitutional interpretation in the judicial review of Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law, as well as to examine the obstacles and solutions in limiting state power in Indonesia. This research employs a normative legal method using statutory, case, and conceptual approaches. Legal materials are collected through library research and analyzed qualitatively using legal interpretation methods. The results show that the dynamics of constitutional interpretation in Case Number 142/PUU-XXII/2024 reflect a tension between a formalistic approach emphasizing legal certainty and a substantive approach oriented toward the effectiveness of anti-corruption efforts. The petition primarily concerns the application of norms rather than their constitutionality. Furthermore, the limitation of state power in Indonesia faces several challenges, including unclear institutional authority, inconsistent constitutional interpretation, political influence in law-making, and weak legal culture and integrity. From the perspectives of Gustav Radbruch and Carl J. Friedrich, a balance between legal certainty, justice, and utility, as well as the strengthening of constitutional mechanisms, is essential to ensure effective limitation of state power within a rule of law framework.
Constitutional Interpretation, Judicial Review, Anti-Corruption Law, Limitation Of Power, Rule Of Law
Copyright (c) 2026 Oktoriusman Halawa, Tomson Situmeang https://creativecommons.org/licenses/by-sa/4.0
Problems of Limiting State Power From A Constitutional Perspective In Indonesia
This study aims to analyze constitutional challenges in limiting state power in Indonesia, particularly executive dominance, institutional oversight, and the effectiveness of constitutional control mechanisms, as well as to examine the obstacles and possible solutions. The novelty of this study lies in its integrated analysis of executive dominance, Constitutional Court controversies, and constitutionalism within a single analytical framework. This research employs a normative legal method with statutory and conceptual approaches, analyzed qualitatively. The results show that the limitation of state power has not been optimally implemented, as indicated by the dominance of executive power (executive heavy), weak effectiveness of oversight, and unclear boundaries of authority among state institutions. Based on Montesquieu’s theory of separation of powers, this condition reflects that the mechanism of checks and balances has not functioned ideally within Indonesia’s constitutional system. Furthermore, the obstacles in limiting state power include weak integrity and independence of state institutions, vague legal norms, low constitutional awareness, and ineffective oversight mechanisms. Based on Jimly Asshiddiqie’s theory of constitutionalism, this condition indicates that the function of the constitution as a limitation of power has not been optimally implemented. Therefore, it is necessary to strengthen institutions, harmonize legal norms, enhance constitutional awareness, and develop preventive oversight mechanisms to realize an effective limitation of state power in accordance with the principles of the rule of law.
Limitation of Power, Constitution, Checks and Balances, Constitutionalism, Rule of Law
Copyright (c) 2026 Muhammad Farhan Nefaldy, Tomson Situmeang https://creativecommons.org/licenses/by-sa/4.0
The Civil Rights of an Individual in a Certificate of Inheritance Proven to Have Been Based on Forged Documents
This study aims to analyze the civil rights of lawful heirs affected by a Certificate of Inheritance Rights proven to have been issued on the basis of forged documents and to examine the forms of civil liability arising from such unlawful conduct. This research employs a normative legal research method using both statutory and case approaches through the examination of legislation, legal doctrines, and the Supreme Court Decision Number 1470 K/Pid/2023. The findings demonstrate that document forgery in the preparation of a Certificate of Inheritance Rights gives rise to legal consequences in the form of the loss of inheritance rights, loss of recognition as a legal subject within inheritance relations, and deprivation of the right to control and enjoy the deceased’s estate. Such conduct constitutes an unlawful act that contravenes the principles of legal protection and legal certainty. Civil liability toward the aggrieved lawful heirs is based on Article 1365 of the Indonesian Civil Code through the provision of compensation, the annulment of the legally defective Certificate of Inheritance, and the restoration of the original legal condition through the reinstatement of the lawful heirs’ legal status. The novelty of this research lies in its focus on the restoration of heirs’ civil rights resulting from the forgery of a Certificate of Inheritance from the perspective of legal protection and victims’ rights recovery.
Keywords: Civil Rights, Certificate of Inheritance, Document Forgery, Unlawful Act, Civil Liability.
Copyright (c) 2026 Candrika Arivia Apriliani, Rachmi Sulistyarini, M. Sudirman https://creativecommons.org/licenses/by-sa/4.0
Reformulating Tax Dispute Regulations as an Effort to Address Substantive Injustice in Indonesia's Tax Court System
This study examines the urgency of reformulating tax dispute resolution regulations in Indonesia to address the substantive injustice experienced by taxpayers within the tax judiciary system. Although Indonesia's taxation system is founded on the principle of legality under Article 23A of the 1945 Constitution, the existing dispute resolution mechanism has not fully ensured balanced legal protection between taxpayers and tax authorities. Tax authorities possess extensive powers in tax assessment, examination, and collection, creating an unequal position that may lead to unfair treatment of taxpayers. This research aims to analyze the current legal framework governing tax dispute resolution and identify the factors contributing to substantive injustice in the system. The study employs a normative juridical method using statutory and conceptual approaches through the examination of relevant legislation, legal principles, and legal doctrines. The findings indicate that tax disputes are primarily resolved through appeals and lawsuits under the jurisdiction of the Tax Court, while objections constitute an administrative remedy within the broader tax dispute framework. However, taxpayers continue to face significant challenges, including potential conflicts of interest in the objection process, unequal burdens of proof, limited access to information, and regulatory inconsistencies among the General Taxation Provisions and Procedures Law, the Tax Court Law, and the Judicial Power Law. These conditions weaken legal protection and hinder the realization of substantive justice. This study recommends a comprehensive reformulation of tax dispute regulations to strengthen the independence of the Tax Court, improve legal protection for taxpayers, and promote substantive justice within Indonesia's tax dispute resolution system. Such reform is expected to enhance legal certainty, fairness, and public trust in the national taxation system.. This study fills the research gap concerning the limited discussion of substantive justice in Indonesian tax adjudication and proposes an original reformulation model emphasizing independent review, broader judicial scrutiny, and stronger taxpayer protection.
Tax Regulation Reformulation; Tax Disputes; Substantive Justice
Copyright (c) 2026 Ryandi Ferdiannur Usman, Prija Djatmika, Heru R. Hadi https://creativecommons.org/licenses/by-sa/4.0
Child Protection In Marriage Dispensation: Harmonization of Regulations From The Perspective of The Child Protection Law
Child marriage remains a legal and social issue in Indonesia despite the existence of regulations regarding child protection in the national legal system. Law Number 35 of 2014 concerning Child Protection expressly requires parents to prevent child marriage as a form of protection for children's rights to growth and development. However, on the other hand, Law Number 16 of 2019 concerning Marriage still provides space through the marriage dispensation mechanism that can legalize child marriage through a court decision. This condition creates disharmony in regulations and impacts legal uncertainty in child protection. This study aims to analyze the harmonization of marriage dispensation regulations from the perspective of the Child Protection Law and examine legal certainty regarding child protection in the practice of marriage dispensation in Indonesia. This study uses a normative legal research method with a conceptual approach and a case approach. The legal materials used include laws and regulations, court decisions, scientific journals, and legal literature analyzed using grammatical and systematic interpretation methods. The research results indicate that there is a dualism in the regulations between the Child Protection Law and the Marriage Law, resulting in weak legal protection for children. Furthermore, the ambiguity of the phrase "very urgent reasons" in the marriage dispensation creates multiple interpretations and high levels of judicial discretion in granting marriage dispensation requests. Therefore, regulatory harmonization, strict limitations on marriage dispensations, and strengthening of the child protection paradigm in judicial practice are needed to achieve legal certainty oriented toward the best interests of children.
Child Protection, Marriage Dispensation, Legal Certainty, Legal Harmonization, Best Interests of the Child.
Copyright (c) 2026 Aura Shava Dhinda Salsabila, Rachmi Sulistyarini, Djumikasih https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty Regarding The Validity Period of Halal Certificates In Indonesia
Regulations regarding the validity period of halal certificates in Indonesia have undergone significant changes following the enactment of Law Number 6 of 2023 concerning Job Creation. Previously, Law Number 33 of 2014 concerning Halal Product Assurance stipulated that halal certificates are valid for four years and must be renewed periodically as a form of state supervision of the consistency of product halalness. However, after the amendment through the Job Creation Law, halal certificates are declared valid as long as there are no changes in the composition of ingredients and/or halal product processes. This study aims to analyze the shift in regulations regarding the validity period of halal certificates and assess the legal certainty of these regulations based on Gustav Radbruch's theory. The novelty of this research lies in its critical analysis of the transition from a periodic monitoring model to a perpetual halal certification model within the framework of legal certainty, justice, and utility. This research is a normative legal study using a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials collected through literature studies and analyzed descriptively and qualitatively. The results show that changes in regulations regarding the validity period of halal certificates reflect a shift in legal orientation from a periodic monitoring system to administrative simplification and economic efficiency. While these changes provide administrative and economic benefits for businesses, they also create legal challenges in the form of unclear norms, weak post-certification oversight, and the potential for reduced legal protection for Muslim consumers. According to Gustav Radbruch's theory, these regulations tend to prioritize utility over legal certainty and justice. Therefore, regulatory harmonization and strengthening of the oversight system are needed to ensure optimal legal protection for Muslim consumers in Indonesia.
Halal Certificate, Legal Certainty, Halal Product Guarantee, Consumer Protection, Gustav Radbruch.
Copyright (c) 2026 Kuntari Angrani, Yenny Eta Widyanti, Siti Rohmah https://creativecommons.org/licenses/by-sa/4.0
The Position of Marketplace In Online Transactions And Mitigation of Unilateral Cancellations Based On Theory of Responsibility
The development of information technology has driven the growth of e-commerce through marketplaces as the primary means of online transactions in Indonesia. The presence of marketplaces not only simplifies the relationship between sellers and consumers but also raises various legal issues, particularly regarding the position of marketplaces and the practice of unilateral transaction cancellations. This study aims to analyze the position of marketplaces in online transactions based on the theory of responsibility and analyze forms of mitigation and accountability for unilateral cancellations in online buying and selling transactions. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials analyzed qualitatively using deductive reasoning. The results show that marketplaces can no longer be viewed merely as digital intermediaries, but rather as electronic system organizers actively involved in the electronic transaction process. This involvement has legal consequences in the form of marketplace liability for user losses, particularly due to unilateral transaction cancellations, system failures, or negligence in platform supervision. In addition, mitigation of unilateral cancellations needs to be carried out through strengthening marketplace supervision systems, information transparency, consumer protection, and the provision of effective dispute resolution mechanisms. Therefore, clearer legal regulations are needed regarding the position and responsibilities of marketplaces to create legal certainty, consumer protection, and a fair and sustainable digital trading system in Indonesia.
Marketplace, Electronic Transactions, Unilateral Cancellation, Consumer Protection, Theory of Liability
Copyright (c) 2026 Anisa Putri Wulandari, Reka Dewantara, Yenny Eta Widyanti https://creativecommons.org/licenses/by-sa/4.0
Law Enforcement For The Criminal Acts of Desertion Committed By Members of The TNI
The purpose of this research is to enforce the law on the crime of desertion committed by members of the Indonesian National Armed Forces (TNI). This research method presents an analysis of the verdict on the crime of desertion. Legal research that analyzes several library and secondary materials is merely normative legal research. Result 2. The implementation of the judge's sentence against the perpetrator in this case is in accordance with the elements of Article 87 paragraph (1) 2 in conjunction with paragraph (2), where the judge has considered both the facts established during the trial, witness testimony and available evidence, as well as the judge's confidence in issuing a verdict that will have a deterrent effect on the defendant and instill fear in the convict and the soldiers.
Copyright (c) 2026 Jumanto, Mohammad Roesli, Supolo Setyo Wibowo https://creativecommons.org/licenses/by-sa/4.0
Juridical Implications of the Imposition of Substitute Imprisonment under the Attorney General Guideline
Corruption as an extraordinary crime causes state financial losses that have not been optimally recovered, particularly because convicted persons tend to choose substitute imprisonment rather than paying compensation. Although this mechanism has been regulated under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, its implementation has resulted in a significant accumulation of unrecovered state losses. The issuance of Attorney General Guideline Number 1 of 2019 was intended to serve as a technical guideline for prosecution; however, it continues to raise juridical issues. This study aims to analyze the juridical implications of the implementation of the guideline and to formulate an ideal regulatory framework. The research employs a normative juridical method using statutory, conceptual, and comparative approaches, which are analyzed prescriptively. The findings indicate the existence of legal uncertainty due to the absence of clear parameters for determining substitute imprisonment, low effectiveness resulting from its alternative nature, weak coercive force, and inconsistency in prosecutorial discretion. Therefore, a reformulation of the regulation is necessary by positioning compensation payment as a mandatory and cumulative sanction in order to optimize the recovery of state financial losses and strengthen legal certainty and consistency in prosecution.
Corruption Crimes; Compensation Payment Penalty; Substitute Imprisonment Penalty.
Copyright (c) 2026 Muhammad Fahmi Abdillah, Prija Djatmika, Yuliati https://creativecommons.org/licenses/by-sa/4.0
Regulatory Framework for Social Mapping in Structuring Access to Agrarian Reform
the structuring of agrarian reform access and to formulate an ideal regulatory framework to ensure legal certainty. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The analysis applies grammatical, systematic, and constructive interpretation of primary, secondary, and tertiary legal materials obtained through library research. The novelty of this study lies in its analysis of social mapping as a lex imperfecta under Article 58 paragraph (1) of Presidential Regulation Number 62 of 2023. This study also proposes a legal reconstruction that positions social mapping as a normative prerequisite for ensuring legal certainty in agrarian reform access structuring. The findings reveal that the incomplete regulation of social mapping creates multiple interpretations, weak verification mechanisms, and the absence of sanctions. These conditions result in inaccurate access structuring, low effectiveness in empowering agrarian reform subjects, and an increasing potential for agrarian conflicts. Based on the legal certainty theory of Gustav Radbruch, the regulation has not fulfilled the principle of legal certainty because it is not formulated clearly and operationally. This study recommends legal reconstruction by establishing social mapping as a mandatory procedure supported by standardized operational guidelines, participatory verification mechanisms, Key Performance Indicators (KPI), and clear sanction provisions in order to create a more effective, measurable, and equitable agrarian reform access system.
Keywords : Social Mapping; Agrarian Reform; Legal Certainty; Access Structuring; Legal Reconstruction.
Copyright (c) 2026 Nur Laili Safitri, Herlindah, Arini Jauharoh https://creativecommons.org/licenses/by-sa/4.0
Concept of Regulating The Mechanism For Deleting Personal Data And Deleting Indexes In Order To Ensure Legal Certainty
Digital transformation has accelerated the massive use of personal data in various sectors, including government, business, health, and public services. However, the increasing use of digital systems also raises risks of data breaches, misuse of information, and the persistence of harmful digital footprints. This study analyzes the legal regulation of personal data erasure and de-indexing mechanisms in Indonesia and examines the extent to which these mechanisms provide legal certainty for data subjects and data controllers. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. The study finds that Indonesia has recognized the right to erasure and the right to delisting through the ITE Law, Government Regulation Number 71 of 2019, and Law Number 27 of 2022 concerning Personal Data Protection. Nevertheless, implementation remains problematic due to fragmented regulations, unclear procedural standards, limited institutional oversight, and the absence of comprehensive implementing regulations. Therefore, regulatory harmonization, the establishment of independent supervisory institutions, clear procedural mechanisms, and increased public digital literacy are essential to ensure effective personal data protection and legal certainty in Indonesia.
personal data, data deletion, index deletion, legal certainty, personal data protection
Copyright (c) 2026 Anas Rafi Prakasya, Patricia Audrey Ruslijanto, Rachmi Sulistyarini https://creativecommons.org/licenses/by-sa/4.0
Project Account Regulations In Property Development Preproject Selling System In Indonesia
This study aims to analyze the weaknesses in legal regulations related to the use of escrow accounts in the pre-project selling system in Indonesia and to formulate an ideal regulatory model based on a comparative approach. The practice of pre-project selling, which has developed through Sales and Purchase Agreements (PPJB), demonstrates an imbalance in the position of consumers and developers, particularly in terms of fund management. The absence of mandatory escrow account use raises the risk of misuse of funds, default, and potential systemic consumer losses. This study uses normative legal research methods with statutory, conceptual, and comparative approaches, comparing the Indonesian legal system with those of Singapore and Saudi Arabia. The results show that Indonesia still relies on a contractual approach (contract-based protection), which is unable to provide optimal legal protection, especially in the preventive aspect. In contrast, Singapore and Saudi Arabia have adopted a regulatory-based protection approach through mandatory escrow account use, fund segregation, progress-based disbursement, and independent oversight. This difference indicates a normative gap that has impacted weak legal certainty and consumer protection in Indonesia. The conclusion of this study emphasizes the need for legal reconstruction through imperative escrow account regulations, accompanied by an integrated oversight mechanism and effective sanctions. This reform is expected to create preventative legal protection, increase transparency and accountability, and strengthen public trust in the property sector.
Project Account, Property Development, Pre Project Selling System, Indonesia
Copyright (c) 2026 Satriyo Cahyo Bagaskoro, Yenny Eta Widyanti, Djumikasih https://creativecommons.org/licenses/by-sa/4.0
Formulation of Asset Confiscation Without Criminal Decision (Non-Conviction Based) Based On The Principle of Due Process of Law
Asset forfeiture is a strategic legal instrument in the eradication of corruption, particularly for recovering state financial losses. However, asset forfeiture mechanisms that rely on criminal convictions often face various obstacles, such as the complexity of the evidentiary system, the lengthy judicial process, and the perpetrator's ability to conceal or divert assets derived from crime. Therefore, the concept of Non-Conviction Based Asset Forfeiture (NCB) has developed as an alternative legal policy that allows for asset forfeiture without having to wait for a final and binding criminal verdict. This study aims to analyze the NCB concept as a legal policy for asset forfeiture in corruption cases, while also examining the normative weaknesses in the Asset Forfeiture Bill, which currently does not optimally accommodate this principle. The study results indicate that the Asset Forfeiture Bill still has several fundamental weaknesses, including the lack of explicit regulation of the reverse burden of proof mechanism, provisions that open up the opportunity for changes to legal norms through government regulations, and the failure to prioritize asset forfeiture over criminal punishment. These conditions have the potential to reduce the effectiveness of recovering state losses and undermine the primary objective of asset forfeiture. Therefore, a reformulation of asset confiscation legal policy is needed by strengthening the reverse burden of proof, emphasizing compliance with the hierarchy of laws and regulations, and shifting the law enforcement paradigm to prioritize asset recovery. Therefore, the implementation of the NCB concept is expected to be an effective, fair, and progressive legal instrument in supporting the eradication of corruption in Indonesia.
Formulation, Asset Confiscation, Non-Conviction Based Asset Forfeiture, Corruption Crimes, Legal Policy, Due Process of Law.
Copyright (c) 2026 Michael Yudhistira Lumban Goal, Abdul Madjid, Fachrizal Afandi https://creativecommons.org/licenses/by-sa/4.0
Implementation of Client-Entrusted Payment of the Duty on the Acquisition of Land and Building Rights to Land Deed Officials
This study aims to analyze the practice of depositing and paying the Duty on the Acquisition of Land and Building Rights by clients to Land Deed Officials, to examine the legal basis of the officials’ authority, and to assess the forms of legal liability that arise therefrom. This research employs an empirical juridical method with statutory and conceptual approaches, supported by primary data obtained through field research in Malang City and secondary data derived from primary and secondary legal materials. The results indicate that the practice of fund deposit occurs factually as a form of transactional efficiency; however, it lacks an explicit legal basis in statutory regulations. This condition creates a normative gap that potentially leads to misuse of funds and ambiguity in legal accountability. The novelty of this study lies in affirming a legal construction that such practice is not merely an administrative issue, but also carries multidimensional implications in civil, administrative, and criminal law domains. Furthermore, this study offers an argument for the necessity of reconstructing legal norms that explicitly regulate third-party deposit mechanisms. Therefore, comprehensive regulation is required to ensure legal certainty, protect the parties involved, and maintain the integrity of Land Deed Officials within the land law and taxation system.
Keywords : BPHTB, PPAT, fund deposit, legal liability, legal certainty.
Copyright (c) 2026 Nadia Natashya Amarilis, Djumikasih, R. Imam Rahmat Sjafi’i https://creativecommons.org/licenses/by-sa/4.0
Criminal Penalties For Asset Confiscation In Corruption Cases: A Due Process Model Perspective
Corruption is an extraordinary crime that causes state financial losses and hinders national development. Therefore, its handling is not sufficient only through the main punishment of imprisonment and fines, but also through the recovery of state assets. This study aims to analyze the construction of the criminal confiscation penalty as a substitute for state losses in corruption cases in Indonesia and the mechanism for imposing additional penalties of confiscation of assets based on the due process model. The research method used is normative juridical legal research with a statutory approach, a conceptual approach, and a case approach. Primary legal materials in the form of laws and regulations, court decisions, and secondary legal materials in the form of literature and scientific journals were analyzed qualitatively. The results of the study indicate that the criminal confiscation penalty is an additional penalty that has a strategic function to eliminate profits from crime, recover state losses, and provide a deterrent effect to perpetrators of corruption. The legal basis is found in the Corruption Eradication Law which allows for the confiscation of assets from corruption and other assets belonging to convicts to pay compensation. The mechanism for imposing additional penalties of asset confiscation must be implemented through the stages of investigation, prosecution, trial examination, judge's decision, and execution in a legal, proportional, and accountable manner. The due process model approach demands protection of the rights of the accused and third parties acting in good faith, so that asset confiscation is not carried out arbitrarily. Therefore, additional penalties of asset confiscation become an effective instrument in eradicating corruption when implemented based on the principles of legality, justice, proportionality, and legal certainty.
Criminal acts of corruption, criminal confiscation, state losses, due process model, asset recovery
Copyright (c) 2026 Gatra Setya El Yanda, Yuliati, Fachrizal Affandi https://creativecommons.org/licenses/by-sa/4.0
Incomplete Sanctions for the Non-Procedural Transfer of Non-Public Village Treasury Land
This study aims to analyze the regulatory gap concerning sanctions in the transfer of village treasury land for non-public purposes that are not conducted in accordance with procedures under Minister of Home Affairs Regulation No. 3 of 2024, and to formulate an ideal sanction framework to ensure legal certainty and the protection of village assets. This research employs a normative juridical method with statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials, and analyzed descriptively. The findings indicate that although the regulation provides more detailed procedures for the transfer of village treasury land, there is still a normative gap regarding firm sanctions for procedural violations. This condition weakens legal enforceability, creates opportunities for abuse of authority, and generates legal uncertainty in practice, as reflected in the case of Pandanlandung Village. Therefore, a reconstruction of sanction arrangements is required, encompassing administrative, civil, and criminal classifications, along with an integrated law enforcement mechanism. Such regulation is expected to enhance regulatory effectiveness, strengthen the protection of village assets, and ensure legal certainty in the management of village treasury land.
Keywords : incompleteness of norms, legal sanctions, village treasury land, transfer of village assets, legal certainty.
Copyright (c) 2026 Adinda Salma Rachmantya, Hamidi Masykur, Supriyadi https://creativecommons.org/licenses/by-sa/4.0
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
Regulation of the Limits of Authority of a Notary Undergoing Detention Without Temporary Suspension
Existing studies on notarial authority in Indonesia, such as analyses of the Law on Notarial Office (UUJN), have addressed general supervisory mechanisms and temporary suspensions but overlook the critical transitional period when a Notary faces detention (e.g., house arrest or city detention) without formal suspension. This gap leaves unresolved tensions between a Notary's persisting administrative authority and factual restrictions on liberty, potentially undermining the independence, objectivity, and validity of authentic deeds core to their role as public officials producing instruments with full evidentiary force. Addressing this novelty, this study analyzes the urgency of regulating limits on a detained Notary's authority who has not yet been temporarily suspended and formulates a regulatory model to ensure legal certainty and public protection. Employing a normative legal method with statutory and conceptual approaches, the research reveals that UUJN and its regulations lack operational boundaries for this scenario: normatively, authority persists, yet factually it cannot be exercised optimally, breeding legal uncertainty. The proposed model innovatively differentiates administrative status from functional eligibility, mandating temporary transfer of authority to a Substitute Notary.
Keywords: Notary Authority Limitation, Detention, Legal Certainty, Authentic Deed, Notary Regulation
Copyright (c) 2026 Anggie Natasia Theis, Alfons Zakharia, Fathul Laila 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