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
Physical And Sensory Disabilities: Legal Certainty And Justice In The Notary Profession
This study examines the legal issues regarding the requirements for appointment as a Notary as regulated in Article 3 of the Notary Law (UUJN), with a focus on the regulation of physical and sensory disabilities. The background of this study is the incompleteness of norms in the UUJN which has the potential to cause legal uncertainty and discriminatory practices against persons with disabilities, both at the stage of appointing a Notary and against Notaries who experience life events that cause physical and/or sensory disabilities. The UUJN requires Notaries to be physically and mentally healthy, but does not provide explicit regulations regarding the limits and parameters of such health in relation to disabilities. This study aims to analyze the concept of physical and sensory disabilities in relation to the implementation of the Notary's authority and obligations and to formulate an ideal form of regulation to realize legal certainty and justice for all citizens. The research method used is normative legal research with a statutory approach and a conceptual approach. The analysis is carried out systematically and grammatically against the UUJN, the Health Law, the Law on Persons with Disabilities, and the Human Rights Law, and is based on the theory of legal certainty and dignified justice. The research results indicate that the requirement for physical health must be interpreted functionally, focusing on a person's ability to perform the duties of a notary, rather than on absolute physical condition. An analysis of the notary's authority and obligations indicates that upper locomotor and sensory functions play an essential role, while lower locomotor functions are not decisive. Therefore, this study proposes amendments to Article 3 of the UUJN by adding norms that recognize the ability to perform the position with or without reasonable accommodation, including the use of assistive technology. Furthermore, it is necessary to regulate leave procedures, functional assessments, and evaluations for notaries who experience disabilities after being appointed.
Notary Position, Physical Disabilities, Sensory Disabilities, Legal Certainty, Dignified Justice
Copyright (c) 2026 Tiara Maharani, M. Hamidi Masykur, Arini Jauharoh https://creativecommons.org/licenses/by-sa/4.0
Customs Law Enforcement on Exports and Imports: An Empirical Study in Indonesia
Law enforcement in the field of customs is an important element in maintaining the country's fiscal interests and economic sovereignty. This study aims to analyze the effectiveness of customs law enforcement in export and import activities, identify the factors contributing to export–import smuggling, and examine the preventive and repressive measures implemented by customs authorities. This article combines a normative legal approach with empirical support sourced from the Directorate General of Customs and Excise (DJBC) and the Parepare Customs and Excise Supervision and Service Office (KPPBC). The focus of the research includes the effectiveness of customs law enforcement, the factors causing the smuggling of export-import goods, and the preventive and repressive strategies applied. The results of the analysis confirm that although the legal framework is relatively comprehensive, implementation challenges—including limited institutional capacity, extensive territorial waters, and a low culture of compliance—hinder the effectiveness of law enforcement. Recommendations include strengthening human resources, implementing risk management, increasing inter-agency cooperation, and enhancing efforts to recover state losses.
Copyright (c) 2025 Arkam Musa, Sunardi Purwanda, Muhammad Darwis, Muhammad Sabir, Muhammad Akbar Fhad Syahril https://creativecommons.org/licenses/by-sa/4.0
Legal and Criminological Analysis of Cryptocurrency Money Laundering in Supreme Court Cassation Decision
The development of financial technology through blockchain-based crypto assets has given rise to new patterns of economic crime, particularly money laundering offenses. The decentralized, anonymous, and cross-jurisdictional characteristics of crypto assets make them an effective means of concealing the illicit origin of criminal proceeds. Within the national legal framework, the regulation of money laundering under Law Number 8 of 2010 has not explicitly accommodated crypto asset transactions, resulting in normative gaps and legal uncertainty. These issues are reflected in the Supreme Court of the Republic of Indonesia Cassation Decision Number 2029 K/Pid.Sus/2023 concerning Indra Kesuma, also known as Indra Kenz. This study aims to analyze the legal reasoning underlying judicial decisions in money laundering cases involving crypto asset-based schemes and to formulate regulatory reform of money laundering laws based on a cyber criminology approach. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that judges adopted a progressive interpretation of Article 1 paragraph (1), Article 3, and Article 4 of the Anti-Money Laundering Law by qualifying crypto assets as proceeds of crime. The cyber criminology approach underscores the necessity of digital evidentiary systems and a comprehensive understanding of blockchain technology. Furthermore, existing regulations remain inadequate, necessitating normative reform that includes the definition of crypto assets, obligations for reporting suspicious transactions, and the integration of on-chain Know Your Customer (KYC) mechanisms to ensure legal certainty and effective law enforcement.
Copyright (c) 2026 Aria Perkasa Utama, Setiawan Noerdajasakti, Fachrizal Afandi https://creativecommons.org/licenses/by-sa/4.0
Legal Protection of Workers In Employment Termination Disputes Without Judicial Review
This study examines legal uncertainty in the resolution of employment termination disputes resulting from the absence of regulation on the extraordinary legal remedy of judicial review (Peninjauan Kembali) under Law Number 2 of 2004 on the Settlement of Industrial Relations Disputes. The research gap lies in the lack of normative analysis explaining the legal rationale and implications of excluding judicial review, despite its recognition in general civil procedural law and judicial practice. This study offers novelty by conceptualizing the exclusion of judicial review as a deliberate legislative policy to ensure finality and expedited dispute resolution in industrial relations. Employing a normative legal research method with statutory and conceptual approaches, the study finds that positioning cassation as the final and binding legal remedy is intended to provide legal certainty and prevent prolonged disputes. Legal protection for workers is achieved when cassation decisions consistently deliver clear legal reasoning and definitive rulings on the fulfillment of workers’ normative rights. Accordingly, consistent treatment of cassation as the ultimate legal remedy is essential to ensuring legal certainty and effective legal protection in employment termination disputes.
Legal Protection, Termination of Employment (PHK), Judicial Review, Legal Certainty.
Copyright (c) 2026 Notodiguno -, Budi Santoso, Sugeng Santoso PN https://creativecommons.org/licenses/by-sa/4.0
Analysis of Priority Criteria In Offering Special Mining Business Permit Areas (WIUPK) To Religious Community Organizations
This study examines the legal implications and urgency of setting priority criteria for the offering of Special Mining Business License Areas (WIUPK) to Religious Community Organization-Owned Enterprises (BU-OMK) as stipulated in Article 83A of Law Number 3 of 2020 and Article 75 of Government Regulation Number 96 of 2021. The main focus of the study lies in the lack of norms governing priority parameters, including aspects of feasibility, operational capacity, and verification mechanisms for BU-OMK. Using a normative juridical method based on analysis of laws and regulations and the principles of good mining governance, this study finds that this lack of regulation creates legal uncertainty and opens up broad scope for interpretation for decision-makers. As a result, there is potential for unequal treatment, conflicts of interest, and abuse of power in the process of granting WIUPK. This study also shows that giving priority to BU-OMK is a form of positive discriminatory policy (affirmative discrimination) that is theoretically justifiable, as long as it is implemented through a proportional, objective, and accountable mechanism. However, without clear priority criteria-including legality of the business entity, financial capability, technical capacity, environmental protection assurance, and governance integrity—this policy risks inefficiency and potential irregularities, including the use of BU-OMK as intermediaries for certain interests (beneficial ownership risks). Therefore, this study emphasizes the need for the establishment of comprehensive, auditable derivative regulations that align with the principles of government administrative law to ensure the effectiveness, accountability, and sustainability of the WIUPK bidding policy.
Religious Community Organization-Owned Enterprises, Good Mining Governance, Affirmative Discrimination, Legal Certainty, Mining Licensing
Copyright (c) 2025 Firlia Nurani Rakhman, Hanif Nur Widhiyanti, Tri Sulistiowarni https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Regulating Priority Rights for Former Land Rights Holders Over Management Rights
Regulations regarding management rights are still considered sporadic and fragmented, making the substance of management rights difficult to understand. One of the authorities of the holder of management rights is to use and utilize all or part of the land with management rights for their own use or in collaboration with third parties through land utilization agreements. Third parties can utilize the part of the land that is collaborated with the right to cultivate, right to build, or right to use. As is known, land rights can be granted over state land and management rights. If the term of land rights over state land expires, the former holder of the land rights is given priority rights to extend the land rights. This is different from land rights over management rights, where currently there are no regulations regarding the granting of priority rights to former rights holders. Third parties who utilize land with management rights properly and in accordance with spatial plans should be given priority rights to extend the land rights over management rights. This type of research is normative legal research with a statutory regulatory approach, a case approach, a conceptual approach, and a historical approach. The results of this study indicate that there is an urgency to regulate the priority rights of former holders of land rights over management rights, considering that the substance of management rights is part of the state's right to control. Thus, the characteristics of management rights in the context of land use agreements by third parties are in line with the objectives of the state's right to control, namely for the greatest prosperity of the people.
Priority Rights; Former Rights Holders; Management
Copyright (c) 2026 Maratul Muslimatus Salimah, Imam Koeswahyono, Bambang Eko Supriyadi https://creativecommons.org/licenses/by-sa/4.0
The Food Mafia as Food Cartels under Competition Law:An Analysis of KPPU Decisions in the Staple Food Sector
The term food mafia is a popular expression that refers to the control of supply chains and prices of essential food commodities by a coordinated group of business actors. From the perspective of competition law in Indonesia, this practice closely resembles the structure and behavior of a cartel, which is clearly prohibited under Law Number 5 of 1999. This article examines the extent to which food mafia practices can be classified as food cartels within the legal framework of competition law, and how the Business Competition Supervisory Commission (KPPU) has proven and addressed these practices in its decisions. Using a normative juridical method with a legal and case study approach, this research focuses on two major decisions: Number 24 KPPU I 2009 on the cooking oil cartel and Number 05 KPPU I 2013 on garlic importation. The analysis shows that food mafia practices can be legally framed as cartels when evidence of agreement or coordinated conduct among business actors is established. However, complex regulations and limited evidentiary tools pose challenges for law enforcement. The study concludes that the cartel framework is important for explaining the food mafia phenomenon, but its effectiveness depends on the strength of economic and legal proof built by KPPU, as well as more coherent regulations to support consumer protection and food security.
Copyright (c) 2025 Tanudjaja, Arief Budiman, Golkar Pangarso Rahardjo Winarsadi https://creativecommons.org/licenses/by-sa/4.0
Case Dismissal on Public Interest Grounds in Criminal Offenses Involving Medical-Use Cannabis
The authority of the Attorney General to dismiss cases (seponeering) under Article 35 paragraph (1) letter c of Law Number 11 of 2021 represents the application of the opportunity principle in prosecution for the sake of public interest. The development of international research and policies, including the 2020 WHO recommendation concerning the medical and economic potential of cannabis, has created an urgent need to reform law enforcement policies regarding narcotic crimes involving cannabis for medical purposes. This study aims to assess the implementation of the opportunity principle in the context of protecting the public interest in the right to health as guaranteed under Articles 28A and 28H of the 1945 Constitution. The research employs a normative legal method with statutory and conceptual approaches by analyzing prosecutorial regulations, narcotics law, and doctrines of public interest and social justice. The findings indicate that the opportunity principle is a fundamental principle in controlling prosecution that must prioritize public benefit, non-discrimination, and the protection of citizens' constitutional rights. The application of seponeering in cases involving medical cannabis is justified as long as it is grounded in public health benefits, economic potential, and the broader interests of society. This study recommends the establishment of transparent prosecutorial guidelines in assessing public interest, enhanced inter-agency coordination in medical cannabis research, and harmonization of narcotics policies to ensure that the implementation of the opportunity principle is not influenced by political interests but truly serves as an instrument of social justice.
Seponeering, Principle of Opportunity, Medical Cannabis, Public Interest.
Copyright (c) 2025 Septiawan Ridho Permadi, Milda Istiqomah, Fachrizal Afandi https://creativecommons.org/licenses/by-sa/4.0
Execution of Restitution for Child Victims of Criminal Acts (A Study at the Grobogan District Prosecutor’s Office)
This study aims to analyze the regulatory framework and implementation of restitution enforcement for child victims of criminal acts, with specific emphasis on the authority of Public Prosecutors at the Grobogan District Prosecutor’s Office. Restitution is a fundamental right granted to victims under the Child Protection Law and Law Number 12 of 2022 concerning Sexual Violence Crimes, designed to restore the material and immaterial losses suffered by children due to criminal acts. The law establishes the perpetrator’s responsibility to provide restitution and allows substitute imprisonment when the payment obligation is not fulfilled. This research applies a socio-legal methodology by integrating normative legal analysis with empirical examination of how restitution is implemented in practice. Such an approach allows the researcher to assess the compatibility between legal norms and their actual enforcement in safeguarding child victims’ rights. The findings reveal persistent challenges in restitution execution, including complicated procedures for filing applications with the Witness and Victim Protection Agency (LPSK), strict evidentiary requirements, limited victim awareness, and the absence of detailed technical guidelines for asset seizure to guarantee payment. When perpetrators fail to compensate, state-funded compensation is necessary to uphold victim protection. Therefore, strengthening restorative justice principles, enhancing coordination among law enforcement institutions, and ensuring clearer execution mechanisms are essential to guarantee legal certainty and fulfillment of restitution rights within Indonesia’s criminal justice system.
Execution, Restitution, Child Victims, Criminal Acts.
Copyright (c) 2025 Thesa Tamara Santoyo, Abdul Rachmad Budiono, Fachrizal Afandi https://creativecommons.org/licenses/by-sa/4.0
Conceptualization of Crypto Asset As A Collateral Object In Indonesian Positive Law
The development of digital technology has given rise to crypto assets as a new form of digital wealth with economic value and can be legally traded in Indonesia, based on Bappebti regulations. However, their legal status as fiduciary collateral remains controversial because Indonesian property law does not fully accommodate intangible assets such as crypto assets. This study aims to analyze the feasibility of crypto assets as fiduciary collateral from the perspective of Indonesian positive law, using normative juridical research methods through legislative and conceptual approaches. The results show that functionally, crypto assets fulfill the characteristics of objects in collateral law, as they have economic value, can be legally transferred, and can be used as a basis for debt repayment. However, the lack of a mechanism for registration, assessment, and execution of digital collateral creates legal uncertainty in financing practices. Comparisons with other countries such as Switzerland, the United States, and Singapore indicate that the successful recognition of crypto assets as collateral depends heavily on a clear legal framework governing ownership protection and oversight mechanisms. In the Indonesian context, Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (P2SK) provides an opportunity for reform by expanding the authority of the Financial Services Authority (OJK) in regulating digital financial assets. Therefore, harmonization of the Civil Code, the Fiduciary Guarantee Law, the P2SK Law, and Bappebti regulations is necessary to ensure that crypto assets can be legally and effectively accommodated as collateral. With appropriate regulations, national law will be able to adapt to digital innovation without sacrificing the principles of legal certainty, justice, and expediency.
Crypto Assets, Collateral Objects, Fiduciary, Legal Certainty
Copyright (c) 2026 Firda Shafira, Hanif Nur Widhiyanti, Stephanie Wilamarta https://creativecommons.org/licenses/by-sa/4.0
Notarial Use of Electronic Signatures: A Comparative Study of Indonesia and South Korea
The advancement of digital technology has significantly transformed notarial practices, particularly regarding the use of electronic signatures in the creation of authentic deeds. This study provides a normative legal analysis comparing the regulation of electronic signatures by notaries in Indonesia and South Korea, focusing on legal certainty, document validity, and authenticity. In Indonesia, the regulation is governed by Law Number 11 of 2008 on Electronic Information and Transactions as last amended by Law Number 1 of 2024, Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions, and the Notary Position Act (UUJN), which requires that deeds be signed in the physical presence of a notary. Meanwhile, South Korea comprehensively regulates this matter through the Electronic Signature Act (ESA) and the Notary Act, which authorizes notaries to use certified electronic signatures supported by a government-integrated digital verification system. This research employs a normative juridical approach with comparative legal analysis to examine the alignment and divergence of legal norms between the two countries, as well as their relation to the authenticity principle of deeds as stipulated in Article 1868 of the Indonesian Civil Code. The findings reveal that South Korea has fully implemented electronic signatures in notarial practice through robust legal and technological infrastructure, whereas Indonesia still faces normative conflicts among the ITE Law, the Notary Position Act, and the Civil Code. Therefore, regulatory harmonization is necessary to ensure that Indonesia's notarial system can transition toward digitalization while preserving authenticity and legal certainty.
Authentic deed; comparative law; electronic signature; legal certainty; notary
Copyright (c) 2025 Klaura Dwi Kinasih, Patricia Audrey Ruslijanto, Diana Ria Winata Napitupulu https://creativecommons.org/licenses/by-sa/4.0
Legal Status of Shareholder Agreements on GMS Quorum Deviations
This study examines the legal status of the shareholders agreement, which regulates the quorum of the General Meeting of Shareholders (GMS) differently from the provisions of the Limited Liability Company Law (UUPT) and the Company's Articles of Association (AD), with a case study of a share ownership dispute and the implementation of the GMS at PT Indo Mineralita Prima. The dispute began with the sale and purchase of shares based on a share pledge agreement, which then resulted in a secret transfer of ownership and the implementation of the GMS without notification to one of the shareholders. The shareholders had previously agreed to a shareholders agreement that required that changes to the Board of Directors and Board of Commissioners must be approved by 100% of the shareholders. However, in practice, some shareholders made changes to the company's structure, share transfers, and capital increases without following these provisions. This gave rise to a lawsuit for breach of contract by PT Investasi Internasional Indonesia, as the 28% shareholder, who felt aggrieved due to share dilution and decision-making without a valid quorum. The Panel of Judges in its decision stated that the defendants had committed a breach of contract and annulled several GMS deeds as a result of the violation of the shareholders agreement. However, the author's analysis shows that the shareholder agreement cannot override the Company Law and the Articles of Association, so that the 100% quorum requirement, which is not regulated in the Articles of Association, is not binding on the company. Therefore, the shareholder agreement is only legally binding on the parties as long as it does not conflict with statutory regulations and the Articles of Association. This research emphasizes the importance of harmonizing private shareholder agreements and corporate law to create legal certainty in corporate governance.
Legal Status, Agreement, Shareholders, GMS Quorum, Articles of Association
Copyright (c) 2025 Susiani, Budi Santoso, Satria Amiputra Amimakmur https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Housing Developers under Protected Rice Field Policy
This research examines the legal implications arising from the unilateral conversion of land ownership status into Protected Rice Fields (Lahan Sawah Dilindungi or LSD) in Madiun Regency following the issuance of the Decree of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (Decree of the Minister of ATR/BPN) Number 1589/SK-HK.02.01/XII/2021 of 2021. The designation creates legal uncertainty for housing developers who had previously obtained legal land rights based on Regional Regulation Number 9 of 2011 concerning the Spatial Plan of Madiun Regency for 2009–2029. The absence of synchronization between the LSD policy and the Regional Spatial Plan (RTRW) generates normative inconsistencies, resulting in legal and economic losses for developers. This study, therefore, seeks to analyze the legal status of the LSD designation and the forms of legal protection available for affected developers. Using a normative juridical method with statute, conceptual, and case approaches, the research analyzes primary, secondary, and tertiary legal materials through descriptive-analytical techniques employing grammatical and systematic interpretation. The findings show that the legal position of the Ministerial Decree is problematic in both authority and hierarchy. Although the Ministry of ATR/BPN possesses attributive authority to establish LSD, implementing such designation without harmonization with regional spatial planning constitutes an overextension of authority and ignores decentralization principles. As a result, the decree holds weak normative force and should be considered an administrative policy requiring alignment with regional regulations. Furthermore, legal protection for developers may be provided preventively through regulatory harmonization between RTRW and LSD policies, and repressively through administrative remedies or judicial review before the Administrative Court (PTUN), including claims based on on-rechtmatige overheidsdaad.
Protected Rice Fields (LSD), spatial planning, legal protection, administrative law, land-use conflict, ATR/BPN
Copyright (c) 2026 Nolanda Fadiahaya Trigosa, Herlindah, Indah Dwi Qurbani https://creativecommons.org/licenses/by-sa/4.0
The Urgency of Obligation To Establish A Legal Entity For Foreign Over-The-Top (OTT) Service In Indonesia
This study evaluates the effectiveness and legal urgency of requiring foreign Over-the-Top (OTT) service providers to establish a legal entity in Indonesia. The existing regulatory framework—comprising the Income Tax Law, the Harmonization of Tax Regulations Law, and Circular Letter No. 3/2016—remains limited and has not fully adapted to digital economic realities, particularly the principle of significant economic presence. Using a normative juridical method combined with Economic Analysis of Law, this study finds that foreign OTT operations have created legal uncertainty due to regulatory fragmentation, lack of physical presence requirements, and weak enforceability. Comparative analysis with the U.S. economic nexus model demonstrates the need for Indonesia to shift towards digital presence–based taxation. The study concludes that harmonizing tax, communications, and trade regulations—supported by risk‑based and adaptive digital governance—is essential to strengthening fiscal justice, consumer protection, and national digital sovereignty.
Urgency, Legal Entity, Foreign Over The Top, Indonesia
Copyright (c) 2025 Mohamad Ibadi, Sukarmi, Patricia Audrey Ruslijanto https://creativecommons.org/licenses/by-sa/4.0
Business Licensing Obligations for E-Commerce under Government Regulation No. 80/2019
This study examines the discrepancy between das sollen and das sein regarding the obligation to register a business license as mandated in Article 15(1) of Government Regulation Number 80 of 2019. Although the regulation requires all business actors to register their licenses with the Central Government, its implementation in Malang City remains ineffective. Of approximately 85,200 MSMEs, only about 22,000 had obtained official licenses by 2024. The study addresses two issues: (1) the factors contributing to the low compliance of micro-enterprise actors with licensing requirements, and (2) the legal implications for those operating without a business license. Using a socio-legal method with a juridical-sociological approach, the research relies on primary and secondary data collected through fieldwork and literature study. The sample consists of 13 respondents and 2 key informants, analyzed qualitatively. The findings reveal that the main cause of ineffective implementation is the low level of legal awareness and knowledge among micro-enterprise actors. Eight respondents were unaware of the obligation to register with the Disnaker PMPTSP of Malang City, while five respondents were aware but had not complied. This demonstrates that regulatory implementation has not been optimal. The legal implications for non-compliant business actors include the loss of legal validity of their operations and the potential imposition of administrative sanctions under applicable laws.
Business License, Trading Activities, Electronic Systems, Government Regulations.
Copyright (c) 2025 Achmad Haekal, Sudarsono, Shinta Hadiyantina https://creativecommons.org/licenses/by-sa/4.0
Implementation of The Obligation To Provide Free Notarial Services For Underprivate People In Malang
The implementation of the obligation to provide free notarial services in Malang City has not been effective as mandated in Article 37 paragraph (1) of Law Number 2 of 2014 concerning the Notary Position (UUJN). The provisions that emphasize the obligation of notaries to provide free legal services to the underprivileged have not been fully implemented due to the absence of implementing regulations governing the mechanism, recipient criteria, and supervision procedures. The results of the study indicate that most notaries only provide pro bono services to clients whose economic conditions are known, so that implementation is subjective, sporadic, and non-standardized. The main obstacles in its implementation are divided into three aspects, namely structural, normative, and sociological. From the structural side, the lack of public knowledge and the absence of technical guidelines are the main obstacles. From the normative aspect, there is no clear definition regarding the criteria for "underprivileged people" and the types of deeds included in the obligation for free services. Meanwhile, from the sociological aspect, the low level of social awareness and professionalism of notaries also worsens the effectiveness of implementation. This disharmony between legal ideals and empirical reality hinders the realization of the principles of certainty, benefit, and justice in notarial services. Therefore, comprehensive implementing regulations are needed from the Ministry of Law and Human Rights and the Indonesian Notaries Association to ensure the effective, accountable, and equitable implementation of pro bono notarial obligations across the region.
Copyright (c) 2026 Arsy Azhura, Istislam, R. Imam Rahmat Sjafi'i https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty of The Temporary Abolition of Rights Under Article 53 Paragraph (1) of Agrarian Law
This study discusses legal certainty in the elimination of temporary rights, namely mortgage rights, profit-sharing rights, right to ride, and agricultural land lease rights, based on Article 53 paragraph (1) of the Basic Agrarian Law (UUPA). These temporary rights are a legacy of the colonial and customary systems that still give rise to legal uncertainty and agrarian conflicts. This study uses a normative-juridical approach with a literature study of laws and regulations, legal doctrine, and literature related to the principle of legal certainty. The results of the study indicate that the elimination of temporary rights must be implemented with the principle of legal certainty that emphasizes clarity of norms, consistency of application, and procedural openness. Legal certainty, as explained by Jan Michiel Otto, refers not only to the existence of written rules, but also to the effectiveness of implementation and real benefits for the community. In the context of Article 53 of the UUPA, the elimination of temporary rights must be accompanied by the transfer of rights to more permanent and registered forms of rights, such as ownership rights or use rights, thereby providing legal guarantees for farmers and the beneficiary community. This study emphasizes that the principle of legal certainty plays a strategic role in preventing arbitrary practices, reducing agrarian conflicts, and realizing social justice. With clear and consistent regulations, the elimination of temporary rights can support equitable land ownership, strengthen legal legitimacy, and improve public welfare. These findings suggest that the successful implementation of Article 53 of the UUPA depends heavily on the harmonization of written regulations, administrative practices, and public understanding of agricultural rights.
Legal certainty, temporary rights, elimination of rights, UUPA, agricultural rights
Copyright (c) 2025 Alivia Febriyanti, M. Hamidi Masykur, Bambang Eko Supriyadi https://creativecommons.org/licenses/by-sa/4.0
Civil Law: Inheritance Law According To The Civil Code
Inheritance law is an important part of civil law that regulates the transfer of a person's assets after death to their heirs. In the Indonesian legal system, there are three applicable inheritance laws: Western civil inheritance law (KUHPerdata), Islamic inheritance law, and customary inheritance law. This article discusses inheritance law according toCivil Code(Civil Code) which is a legacy of Dutch law and is still in effect today. Research purposesThis study aims to analyze the inheritance law provisions in the Civil Code, explain the applicable inheritance principles and principles, and outline the status of heirs and the inheritance distribution mechanism based on positive law provisions. This research is expected to contribute to the development of civil law and serve as a reference in the practice of resolving inheritance disputes in Indonesia.This study uses a normative approach by analyzing provisions in the Civil Code and legal doctrines from experts. The analysis shows that the civil inheritance law system emphasizes the principles of individualism, freedom of will, and protection of the rights of certain heirs through legitimate institutions.
Copyright (c) 2025 Sulistyani Eka Lestari https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Individual Companies in Supporting the Development of Micro and Small Enterprises in Indonesia
This research aims to analyze the legal aspects of individual companies in supporting the development of micro and small enterprises (UMK) in Indonesia. Individual companies, which were introduced through Law Number 11 of 2020 concerning Job Creation and have been amended by Law Number 6 of 2023, offer convenience for MSEs in establishing legal entities. However, individual companies still face various legal obstacles that can hinder their effectiveness. This research identifies and evaluates these obstacles, including lack of clarity in regulations, conflicts of interest, and issues of owner responsibility and accountability. Through legal and conceptual approaches, this research examines the legal barriers of individual companies to the development of MSEs and provides recommendations for overcoming existing barriers. It is hoped that the findings from this research can contribute to the development of a legal framework that is more supportive for individual companies in order to advance MSEs in Indonesia.
Copyright (c) 2025 Ullia, Mohammad Roesli, Sri Anggraini Kusuma Dewi, Sulistyani Eka Lestari https://creativecommons.org/licenses/by-sa/4.0
The Constitutional Rights of Children Born Wedlock As Legal Subjects
This study examines legal subjects, focusing on illegitimate children as legal subjects in the Indonesian legal system. Legal subjects include individuals or legal entities with legally recognized rights and obligations. In this context, children, as human beings, are legal subjects with basic rights guaranteed by the 1945 Constitution and related laws and regulations, including the Child Protection Law and the Marriage Law. Illegitimate children, born from unregistered marriages, often face challenges in legal recognition and the fulfillment of their rights. However, Indonesian law emphasizes that parents' marital status should not be a basis for discrimination against children, so that illegitimate children still have the right to legal recognition, identity, protection, and access to social, economic, and educational rights. This study emphasizes the importance of the principles of justice and legal certainty in providing protection for all legal subjects, including illegitimate children, to ensure their rights are fulfilled fairly and equitably. Thus, legal recognition of illegitimate children not only reflects compliance with national and international legal provisions but also supports the creation of social justice and child welfare. This research is expected to form the basis for a deeper understanding of the role of law in protecting children's rights as legal subjects without discrimination, as well as providing recommendations for more inclusive legal practices and policies.
Constitutional Rights, Children Born Out of Wedlock, Legal Subjects
Copyright (c) 2025 Standy Wico, Rachmi Sulistyarini, Satria Amiputra Amimakmur https://creativecommons.org/licenses/by-sa/4.0
Criminal Law Formulation Policy Regarding Payment of Money In Substitution For Criminal Acts of Corruption From The Perspective of Dignified Justice
Corruption is an extraordinary crime that remains a serious problem in Indonesia despite the implementation of various regulations such as Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. One important instrument in recovering state losses due to corruption is the penalty of replacement money. However, in practice, the application of replacement money as an additional penalty has not been effective due to legal and technical obstacles, such as the difficulty of tracking assets, weak coordination between law enforcement agencies, and the absence of a consistent execution mechanism. This study aims to analyze the legal implications of criminal law formulation policies related to the regulation of replacement money and to formulate a direction for criminal law reform based on the concept of dignified justice. This study uses a normative legal research method with a statutory, case, and conceptual approach. The analysis is conducted prescriptively through grammatical and systematic interpretation of laws and regulations, doctrine, and judicial practice. The results show that the regulation of replacement money as an additional penalty does not reflect substantive justice because it emphasizes the retributive aspect rather than the restorative aspect. Legal reform is needed by making compensation a primary punishment so that the primary objective of punishment is to restore state losses. The dignified justice approach positions humans as moral subjects responsible for redressing public losses, in line with the values ​​of Pancasila. Therefore, this reformulation is expected to create a more just, humane, and socially just criminal legal system.
Corruption, Replacement Money, Criminal Law Formulation Policy, Dignified Justice, Recovery of State Losses
Copyright (c) 2025 M. Khoirun Ni'Am, Prija Djatmika, Abdul Madjid https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty In The Provision of Free Notarial Services For The Underprivileged
This study aims to analyze the legal consequences of incomplete norms governing the obligation to provide free notarial services by notaries to the underprivileged as stipulated in Article 37 of the Notary Law (UUJN). This provision actually reflects the social function of the notary office in ensuring access to justice. However, Article 37 of the UUJN does not yet contain clear parameters regarding the criteria for the underprivileged, the types of notarial services that must be provided, or the financing mechanism. This study uses a normative legal research method with a statutory, comparative, and conceptual approach. The results show that the incomplete norms in Article 37 of the UUJN create legal uncertainty. Based on previous field research, there are differences in the implementation of the obligation to provide free notarial services among notaries for the underprivileged. A comparative study with Law Number 16 of 2011 concerning Legal Aid and Government Regulations related to its implementation shows that the legal aid system has a more comprehensive legal framework, including parameters for beneficiaries, types of services provided, and financing mechanisms from the state. Therefore, it is necessary to establish implementing regulations or technical guidelines that detail the obligation to provide free notarial services, as explained above. This normative reconstruction is crucial to ensuring legal certainty for notaries and the beneficiary community.
Legal Certainty, Notary, Underprivileged Society
Copyright (c) 2025 Ishma Safira Syaid, Djumikasih, Trie Sulistiowarni https://creativecommons.org/licenses/by-sa/4.0
Regulations On Proofing Marriage Announcement As A Requirement For Catholic Divorce In Indonesia
This study examines the urgency of the annulment letter in the Catholic divorce system in Indonesia as a legal instrument that plays a crucial role in bridging the gap between civil law and the canon law of the Catholic Church. The annulment letter serves not only as an administrative document but also as proof of the legality of the annulment of marriage, determining the validity of the marriage sacrament according to Church law. This study found that the lack of clear regulations regarding the recognition and verification of annulment letters in district courts can lead to legal uncertainty and conflict over the dual status between civil and canonical recognition. The annulment process in the Catholic Church itself is a pastoral judicial mechanism that assesses the validity of a marriage based on the norms of faith and canon law, with stages including filing, examining evidence, and a tribunal decision. This study emphasizes the importance of synchronizing the results of the ecclesiastical tribunal process with the national legal system to ensure justice, legal certainty, and the protection of the rights of Catholics. A comparative approach to the legal systems of other countries shows that the integration of the results of religious tribunal decisions into the national legal system can be achieved through transparent and measurable administrative mechanisms. Thus, the regulation of proof and recognition of annulment letters in Indonesian national law is expected to realize harmonization between religious law and state law, while strengthening legal, spiritual, and social protection for Catholic couples.
Annulment Letter, Marriage Annulment, Canon Law, Catholic Divorce, Legal Certainty
Copyright (c) 2025 Arda Zamiatun, Rachmi Sulistyarini, Nur Chanifah https://creativecommons.org/licenses/by-sa/4.0
The Legal Safeguards For Buyers of Land Acquired Through Debt Settlement (Study of Decision Number 12/Pdt.G/2018/PN.Btl)
Legal protection for good-faith land buyers is a fundamental aspect in maintaining the balance between justice, legal certainty, and benefit in the Indonesian civil law system. Problems often arise when the land being traded is previously involved in a debt-to-credit relationship, thus giving rise to potential disputes between creditors and buyers. This article aims to analyze the forms of legal protection for good-faith buyers based on the provisions of the Civil Code, the Basic Agrarian Law, and various Supreme Court jurisprudential decisions. The analysis results show that good-faith buyers receive legal protection in three forms: preventive, repressive, and normative. Preventive protection is realized through land administration mechanisms such as the preparation of a sale and purchase deed by a Land Deed Official (PPAT) and land registration at the land office. Repressive protection is provided through a court decision rejecting a third-party lawsuit if it is proven that the buyer has acted in good faith. Meanwhile, normative protection stems from the principles of good faith, the principle of legal certainty, and the doctrine of justice applicable in Indonesian civil law. Thus, the existence of this legal protection not only guarantees ownership rights for buyers in good faith, but also strengthens public trust in the national land law and governance system.
Copyright (c) 2025 Syaffi' Rangga Raditya Ramdhan, Rachmi Sulistyarini, Dyah Ayu Wisnuwardhani https://creativecommons.org/licenses/by-sa/4.0
The Principle of Fault In Absolute Responsibility For Environmental Crimes (Study of Decision Number 107/PDT.G/Lh/2019/PN JMB)
The environment holds an important position in the Indonesian legal system as stipulated in Article 28H paragraph (1) and Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia, which guarantees the right to a good and healthy environment. However, the increasing number of corporate activities that cause environmental pollution and damage raises fundamental issues related to criminal liability. Classical criminal law adheres to the principle of fault (mens rea), namely that a person can only be punished if they have intent (dolus) or negligence (culpa). The application of this principle becomes problematic when the perpetrator is a corporation that does not have an inner will like humans. To address this, Law Number 32 of 2009 concerning Environmental Protection and Management introduced the principle of strict liability, which allows for criminal punishment without proving the element of fault if environmental pollution or damage is proven to have occurred. This study analyzes the application of the principle of fault and the principle of strict liability in the Jambi District Court Decision Number 107/Pdt.G/LH/2019/PN Jmb using a juridical-normative method with a statutory and case approach. The study's findings indicate that the application of strict liability in the decision reflects a paradigm shift in environmental criminal law from a fault-based model to a system of accountability oriented toward ecological protection. While this principle strengthens the victim's position and the effectiveness of environmental law, it has also generated debate because it potentially undermines the principle of geen straf zonder schuld (no crime without fault).
Principle of Fault, Absolute Liability, Corporation
Copyright (c) 2025 Fitria Wildasari, Tongat https://creativecommons.org/licenses/by-sa/4.0
Formulation For Resolution of Partial Or Complete Overlapping of Mining Business Permit Areas
Mineral and coal mining plays a strategic role in national development because it contributes to economic growth, energy security, and increased state revenue. However, this sector still faces serious problems in the form of overlapping Mining Business Permit Areas (WIUP), which give rise to legal uncertainty, conflicts of interest, and inefficient natural resource governance. Overlapping permits arise from a weak licensing administration system, regulatory disharmony, and a lack of coordination between central and regional government agencies. This situation has implications for disrupting the investment climate, declining business confidence, and reducing state revenue from the mining sector. As a normative response, Law Number 2 of 2025, specifically Article 171B, regulates the authority of the Central Government to evaluate and revoke Mining Business Permits (IUP) that experience overlap in part or all of their areas. This policy is a strategic step to reorganize licensing and ensure legal certainty in accordance with the mandate of Article 33 of the 1945 Constitution. However, its implementation faces challenges in the form of limited integrated spatial data, a weak national mining information system, and the absence of a standard mechanism for resolving overlapping permit disputes. This study uses a normative juridical method with a statutory, conceptual, and case approach to analyze the urgency and formulation of regulations for resolving overlapping WIUPs. The results of the study indicate that derivative regulations are needed in the form of comprehensive, systematic, and applicable Government Regulations to regulate the evaluation, revocation, and dispute resolution mechanisms in a transparent manner. Thus, clear and integrated regulations are not only able to create legal certainty and justice, but also ensure the utilization of mineral and coal resources for the greatest prosperity of the people.
Minerals and Coal; Overlapping WIUP; Mining Business Permits; Legal Certainty; Natural Resource Governance; Law Number 2 of 2025
Copyright (c) 2025 Meylin Sihaloho, Indah Dwi Qurbani, Venny Indria https://creativecommons.org/licenses/by-sa/4.0
The Obligation of Sharia Certification For Notaries In The Preparation of Financing Contract Deeds In Islamic Banking
This study discusses the urgency and regulation of sharia certification obligations for notaries who make financing agreements in Islamic banking in Indonesia. The main problem arises because there is no legal norm that regulates notary sharia certification, thus creating a legal vacuum (rechtsvacuum) which has an impact on legal uncertainty, low legitimacy of deeds, potential disputes, and the risk of violating sharia principles such as the prohibition of usury, gharar, and maysir. This study formulates two main problems: (1) the urgency of regulating the obligation of notaries to have sharia certificates in making sharia financing agreements, and (2) the design of sharia certification regulations for notaries in order to increase sharia compliance in financing agreements in Islamic banking. The research method used is normative juridical with a statutory, conceptual, and comparative legal approach, based on primary, secondary, and tertiary legal materials. The results of the study indicate that notary sharia certification is very important to ensure the conformity of deeds with sharia principles and positive law. The necessary regulations must include a comprehensive curriculum containing Islamic legal principles, fatwas from the National Sharia Council (DSN-MUI), national regulations, and structured education and competency testing. Furthermore, a regular monitoring and evaluation mechanism by the Sharia Supervisory Board (DPS) is necessary to maintain professional standards and Sharia compliance. Comparison with practices in other countries, particularly Turkey, demonstrates the need for Indonesia to adopt more stringent and systematic regulations. This study recommends the establishment of formal regulations regarding mandatory Sharia notary certification, an integrated certification and supervision body, the implementation of training and competency testing, and optimizing the role of the DPS in overseeing Sharia compliance.
Copyright (c) 2025 Siti Anisa Maulida https://creativecommons.org/licenses/by-sa/4.0
The Scope of Supervision By The Heritage Over The Use of Assets By Persons Under Guardianship
The Estates Office (BHP) is a colonial legacy institution that continues to exist in the Indonesian legal system, with the authority to manage inherited assets, oversee guardianships, and implement trusts. This study aims to analyze the BHP's authority in overseeing trusts, the role of notaries and PPATs in supporting the legality of legal actions, and Limitations on the use of assets by guardians for the benefit of those under guardianship. The method used is socio-legal research with a legal and conceptual sociology approach, through a case study at the Surabaya Legal Trust Agency (BHP). The results of the study indicate that BHP has a strategic role as a supervisory guardian to ensure that the guardian carries out its obligations in accordance with the law, protects the rights of parties who are legally incompetent, and prevents abuse of authority. However, the effectiveness of supervision is still hampered by limited human resources, undigitized administrative infrastructure, difficulties in cross-agency coordination, and legal gaps regarding sanctions for negligent guardians. Concrete cases demonstrate negligence by guardians that impacts the fulfillment of the needs of the custodial party, demonstrating the weakness of existing technical regulations. This study emphasizes the importance of reformulating regulations regarding guardianship, strengthening the capacity of BHP, accelerating digitalization, and optimizing inter-agency cooperation to increase the effectiveness of supervision. Thus, BHP can function optimally as a state instrument in providing substantive legal protection for vulnerable parties, while realizing the principles of legal certainty, justice, and benefit.
Copyright (c) 2025 Fairuszia Carista Syukroini Putri, Iwan Permadi, Arini Jauharoh https://creativecommons.org/licenses/by-sa/4.0
Paradigm Transformation in Land Area of Plantation Cultivation Right from Agrarian Basic Law to Job Creation Law
The regulation of land area for plantation cultivation rights (Hak Guna Usaha/HGU) has changed from 1960 to 2023. Paradigm theory is one of the theories that examines why and what reasons lie behind written regulations. When legal changes occur, a paradigm shift also takes place. This article addresses the issue of what paradigm is used to determine the land area for plantation cultivation rights in several laws and whether a paradigm shift has occurred. A normative research method is chosen to examine the provisions regarding the land area of cultivation rights in four laws. The analysis uses a systematic, conceptual, and historical approach. This study shows a shift in paradigm in the granting of cultivation rights, particularly from 1960, which emphasized social justice, to 2023, which prioritizes economic interests.
Cultivation Rights, Plantation, Land Area, Paradigm.
Copyright (c) 2025 setiawan wicaksono, Imam Koeswahyono, Iwan Permadi, Hanif Nur Widhiyanti https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty in the Granting of Land Rights to Indigenous Law Communities in Coastal Areas
The Indonesian Constitution, through Article 18B paragraph (2), Article 28I paragraph (3), and Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, expressly mandates the recognition and respect of indigenous legal communities (MHA) and their traditional rights, and places natural resources under the control of the state for the greatest prosperity of the people. However, current positive legal practices show inconsistencies, particularly in the provisions of Article 22 of the Coastal Areas and Small Islands Law, which has been amended through the Job Creation Law with Article 138 paragraph (4) of Government Regulation Number 21 of 2021. This inconsistency has an impact on legal uncertainty in MHA management areas, the potential for criminalization of coastal indigenous communities, conflicts of authority between ministries, and the neglect of the principle of legal pluralism guaranteed by the constitution. This research uses a normative juridical method with a statutory and conceptual regulatory approach, supported by primary, secondary, and tertiary legal materials that are analyzed prescriptively through systematic and teleological interpretation. The research findings indicate that an ideal formulation of ius constituendum is needed through a paradigm shift in natural resource management from state-based to community-based, automatic recognition of indigenous peoples' (MHA) management areas, legal certainty in the RTRW (Regional Spatial Plan), preventive and repressive legal protection, and the establishment of customary territory management institutions. These regulations are crucial for realizing a national legal system that guarantees legal certainty, substantive justice, social benefits, and the sustainability of coastal ecosystems.
Customary Law Communities, Coastal Areas, Legal Certainty, Land Rights, Ius Constituendum
Copyright (c) 2025 Rizky Alif Akbar, I Nyoman Nurjaya, Mohammad Hamidi Masykur https://creativecommons.org/licenses/by-sa/4.0