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
Reconstructing Criminal Law To Distinguish Administrative Errors From Village Fund Corruption
This study examines the reconstruction of Indonesian criminal law governing Village Fund management to establish clear legal boundaries between administrative misconduct and corruption offences. Using normative legal research with statutory, conceptual, and case approaches, the study analyses the Village Law, Government Administration Law, Anti-Corruption Law, and relevant Supreme Court decisions. The research proposes an integrated Administrative–Criminal Boundary Model requiring administrative screening, assessment of mens rea, abuse of authority, unlawful benefit, and actual state financial loss before criminal prosecution. The model strengthens legal certainty, prevents over-criminalization of village officials acting in good faith, and improves proportional anti-corruption enforcement.
Fiduciary Guarantee, Transfer of Fiduciary Collateral, Legal Protection, Legal Certainty.
Copyright (c) 2026 Sari Darniati, Faizin Sulistio, Harun Al Rasyid https://creativecommons.org/licenses/by-sa/4.0
Notarial Risk Mitigation in Entrusted Income Tax Payments under Land Sale and Purchase Binding Agreements
This study aims to analyze the role of Notaries in the practice of receiving entrusted payments of Final Income Tax in the context of Sale and Purchase Binding Agreements of land and/or buildings, and to formulate a legal risk mitigation model applicable in notarial practice. This research employs a socio-legal method with statutory, conceptual, and futuristic approaches. Data were obtained through interviews with Notaries in Batu City, East Java, Indonesia, as well as through a review of relevant legislation, legal documents, and academic literature. The findings indicate that the practice of Notaries receiving entrusted tax payments has developed as a response to transactional needs and the fiduciary relationship between Notaries and clients, despite the absence of explicit regulation under the Notary Law or Indonesian tax regulations. This normative gap constitutes a legal vacuum that creates legal uncertainty regarding the authority, responsibilities, and limitations of Notaries in managing entrusted tax funds. The study identifies that such practices pose multidimensional legal risks, including civil liability (breach of contract and tort), criminal liability (embezzlement and breach of trust), administrative sanctions within the notarial system, and tax compliance risks. Therefore, a structured risk mitigation framework grounded in the prudential principle is required. The novelty of this research lies in the development of a legal risk mitigation model for Notaries in handling entrusted Final Income Tax payments in Sale and Purchase Binding Agreements transactions. The model encompasses the strengthening of the prudential principle, the implementation of segregated escrow accounts, standardized documentation-based administrative procedures, and the reinforcement of normative regulation concerning the limits of Notaries’ authority in managing entrusted tax funds. This model is expected to enhance legal certainty, provide legal protection for Notaries, and prevent potential misuse of entrusted funds in notarial practice.
Keywords : Notarial Risk Mitigation; Final Income Tax; Sale and Purchase Binding Agreement; Entrusted Tax Payment; Legal Certainty.
Copyright (c) 2026 Amanda Putri Rahmawati, Tunggul Anshari Setia Negara, Dyah Widhiawati https://creativecommons.org/licenses/by-sa/4.0
Legal Validity of Power of Attorney to Sell in Non-Performing Loans
This study examines the use of a Power of Attorney to Sell (Surat Kuasa Menjual/SKM) as a substitute for Mortgage Rights (Hak Tanggungan) in the settlement of non-performing loans through the Simple Lawsuit (Gugatan Sederhana/GS) mechanism. The issue arises because Supreme Court Regulation Number 4 of 2019 restricts the resolution of land rights disputes through the GS mechanism, while in practice, loan disputes secured by land rights are still being resolved through GS using an SKM. This research aims to analyze the legal position of the GS mechanism in loan disputes involving land rights as collateral and to assess the legal validity of using an SKM as a substitute for Mortgage Rights. This study employs normative legal research using statutory and conceptual approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively through grammatical, systematic, and teleological interpretation methods. The analysis is grounded in Gustav Radbruch’s Theory of Legal Certainty, Sri Soedewi Masjchoen Sofwan’s Contract Theory, and the doctrine of legal circumvention (fraus legis). The findings indicate that the use of the GS mechanism in loan disputes secured by land rights is inherently connected to land rights disputes; therefore, its application must be strictly limited in accordance with Supreme Court Regulation Number 4 of 2019. Furthermore, an SKM cannot be equated with Mortgage Rights because it does not fulfill the principles of publicity and specificity as required under the Mortgage Rights Law. Accordingly, clearer limitations regarding land rights disputes within the GS mechanism and stronger regulations governing the use of SKM are necessary to ensure legal certainty and the protection of land rights.
Simple Lawsuit, Power of Attorney to Sell, Mortgage Rights, Legal Certainty.
Copyright (c) 2026 Muhammad Ramadhan Zulfikar Mahendra, Imam Kuswahyono, Djumikasih https://creativecommons.org/licenses/by-sa/4.0
Regulation of Customary and Official Village Authority in Managing Village Assets in Bali
The dualism of the village government system in Bali, consisting of Customary Villages and Service Villages, creates its own legal dynamics in the management of village assets. The enactment of Bali Provincial Regulation Number 4 of 2019 concerning Customary Villages strengthens the legal position of Customary Villages, including their authority over the Padruwen of Customary Villages as customary village assets. However, this regulation raises normative issues due to differences in the legal construction of village asset management with Law Number 6 of 2014 concerning Villages. This condition creates overlapping authority, unclear asset ownership status, and potential disputes between Customary Villages and Service Villages. This study aims to analyze the legal meaning of the Padruwen of Customary Villages according to Bali Provincial Regulation Number 4 of 2019 and formulate regulations that provide legal certainty in the management of assets between Customary Villages and Service Villages. This research is a normative legal research using a statutory approach, a conceptual approach, and a historical approach. The legal materials used consist of primary, secondary, and tertiary legal materials obtained through literature studies and analyzed qualitatively using prescriptive methods. The analysis focused on identifying disharmonious norms between national and regional regulations governing village asset management. The Padruwen Desa Adat (Customary Village) is not only interpreted as an asset of economic value but also as a representation of the collective identity, ancestral rights, and autonomy of indigenous communities in Bali. Current regulations still show disharmony regarding the legal subject of asset ownership, management authority, asset classification, oversight mechanisms, and accountability systems. This disharmony has resulted in legal uncertainty and has the potential to lead to conflicts in village asset management. Therefore, regulatory harmonization is needed through a clear division of authority, strengthening legal recognition of Customary Village assets, and establishing an integrated asset management model between state law and customary law to achieve legal certainty, justice, and sustainable protection for village assets in Bali.
Regulation, Traditional Village, Official Village, Village Assets, Legal Certainty
Copyright (c) 2026 I Gede Mahada Arsadana, Ngesti Dwi Prasetyo, I Nyoman Nurjaya https://creativecommons.org/licenses/by-sa/4.0
Implementation of Legal Aid Rights for Suspects Based on Justice Principles at Malang Police
The right to legal aid is a constitutional right that must be granted to every suspect in the criminal justice process as a form of human rights protection and the realization of the principle of justice. The reform of criminal procedural law through Law Number 20 of 2025 concerning the Criminal Procedure Code strengthens the guarantee of legal assistance for suspects from the investigation stage. However, in practice, there are still various problems that affect the effectiveness of the implementation of these provisions. This study aims to analyze the effectiveness of the implementation of Article 155 paragraph (2) of Law Number 20 of 2025 in fulfilling the right to legal aid for suspects during the just investigation stage and to identify obstacles that affect its implementation. This study uses an empirical legal research method with a sociological juridical approach. The approaches used include a statute approach and a conceptual approach. Research data were obtained through interviews with law enforcement officers and related parties and supported by a literature study of relevant laws and regulations, books, journals, and literature. The research results show that the implementation of Article 155 paragraph (2) has provided a stronger legal basis in guaranteeing the right of suspects to obtain legal assistance during the investigation stage. This provision contributes to realizing the principles of fair trials, equality before the law, and protection of human rights. However, the effectiveness of its implementation still faces legal, structural, and legal culture obstacles that affect suspects' access to legal assistance. Therefore, it is necessary to strengthen implementing regulations, increase the capacity of law enforcement officers, optimize legal aid services, and increase public legal awareness in order to realize a criminal justice system that is fair, humanistic, and oriented towards the protection of human rights.
Legal Aid, Suspects, Principles of Justice, Investigation Stage, Criminal Procedure Code
Copyright (c) 2026 Fatwa Azis Wicaksono, Setiawan Noerdajasakti, Bambang Sugiri https://creativecommons.org/licenses/by-sa/4.0
Meaningful Participation In The Formation of Law By The House of Representatives
Public participation in the formation of laws is one manifestation of the principles of popular sovereignty and a democratic state based on the rule of law. The development of Indonesian constitutional law, through Constitutional Court Decision Number 91/PUU-XVIII/2020, has introduced the concept of meaningful participation as a constitutional standard in the formation of laws. This concept requires the fulfillment of three main elements: the right to be heard, the right to be considered, and the right to be explained. However, the regulation of public participation in Article 96 of Law Number 13 of 2022 concerning the Formation of Legislation has not fully accommodated these three elements, particularly regarding the obligation of lawmakers to provide explanations for the follow-up of public input. This study aims to analyze the conformity of the regulation of public participation in the formation of laws with the constitutional standard of meaningful participation and formulate a reconstruction of the ideal regulation in the Indonesian legislative system. This study uses a normative legal research method with a legislative approach and a conceptual approach. Legal materials were obtained through a literature study consisting of primary, secondary, and tertiary legal materials, then analyzed prescriptively using Philippe Nonet and Philip Selznick's Responsive Legal Theory and Sherry R. Arnstein's Ladder of Participation Theory. The results of the study indicate that the current regulations have accommodated the right to be heard and some elements of the right to be considered through various public participation mechanisms. However, the right to be explained element has not received adequate normative guarantees because it is still facultative. Therefore, regulatory reconstruction is needed through changes to imperative norms, strengthening mechanisms for considering public aspirations, establishing a transparent feedback system, and increasing legislative accountability in order to realize meaningful public participation in the formation of laws.
Meaningful Participation; Community Participation; Lawmaking; Constitutional Court; Responsive Law; Participatory Democracy.
Copyright (c) 2026 Lalu Muhammad Amar Fawazi, Moh. Fadli, Shinta Hadiyantina https://creativecommons.org/licenses/by-sa/4.0
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
Legal Requirements and Appointment Procedures for Cooperative Deed Notaries: Evidence from Malang
This study examines the implementation of regulations regarding the requirements and appointment procedures for Notaries as Makers of Cooperative Deeds (NPAK) in the drafting of Cooperative Establishment Deeds in Malang City. NPAKs hold a vital position as public officials authorized to draft cooperative deeds ; however, in practice, various regulatory and operational obstacles are still encountered in the field. This research focuses on three main aspects: the implementation mechanism of the regulations and appointment procedures for NPAKs in Malang City, the inhibiting factors faced during the implementation process, and the formulation of efforts that can be taken to overcome these existing obstacles. To address these issues, this study employs an empirical legal research method with a socio-legal approach in the Malang City region. Data were gathered directly through interview techniques and documentary studies with respondents comprising NPAKs, non-NPAK notaries, the Department of Cooperatives, and relevant professional organizations, which were subsequently analyzed using a descriptive-qualitative method. The results indicate that the implementation of the regulations has generally proceeded in accordance with the applicable administrative criteria , but its execution remains suboptimal due to differing interpretations of the procedures and the uneven participation of notaries. This suboptimality is driven by both juridical and non-juridical obstacles , which require refined harmonization among ministries and continuous legal education for the public .
Notary Public for Cooperative Deeds (NPAK)
Articles of Incorporation for Cooperatives
Copyright (c) 2026 Fajar Tri Setiadi, Herlindah, Herman Suryokumoro 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
Affirmative Action As An Effort To Realize Justice For Poor Communities In Legal Aid Services
This article analyzes the application of affirmative action (AA), or the Right to Facilities and Special Treatment (Hak Kemudahan dan Perlakuan Khusus/HKPK), in the provision of legal aid for poor communities in Batu City through the perspective of John Rawls’s theory of distributive justice. This theory is used as the analytical framework because it emphasizes that justice cannot be realized merely through formal equality, but must also involve special treatment for disadvantaged groups so that they may obtain more equal opportunities. The absence of accredited Legal Aid Institutions or Legal Aid Organizations (LBH/OBH) domiciled in Batu City has the potential to impede poor communities’ access to legal aid. Therefore, the cooperation between the Batu City Government and LBH/OBH from outside the region is important to examine as a form of affirmative policy. This research uses a socio-legal method with a sociological-juridical approach. Data were obtained through interviews, observation, and questionnaires involving the Legal Section of the Batu City Regional Secretariat, seven LBH/OBH partners of the Batu City Government, and sixty users of the Among Warga Public Service Mall. The findings show that cooperation with LBH/OBH from outside the region constitutes a form of AA/HKPK implementation to expand access to legal aid for poor communities. However, its implementation still faces obstacles, including low public understanding, insufficient outreach, and the need to strengthen regulation and inter-institutional coordination. This article recommends optimizing legal aid through stronger public outreach, simplified access, the reopening of the Legal Aid Post at the Public Service Mall, and adjustment of regional regulations.
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