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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
M. Hamidi Masykur
Faculty of Law, Brawijaya University Malang, Indonesia
Health Professions Law, Crime, Criminology & Criminal Justice

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Legal Certainty of The Temporary Abolition of Rights Under Article 53 Paragraph (1) of Agrarian Law Alivia Febriyanti; M. Hamidi Masykur; Bambang Eko Supriyadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.328

Abstract

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.
Physical And Sensory Disabilities: Legal Certainty And Justice In The Notary Profession Tiara Maharani; M. Hamidi Masykur; Arini Jauharoh
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.348

Abstract

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.
The Formulation of Vacant Residential Tax Regulation in Indonesia Based on the Principle of the Social Function of Land Rights Tajuddin Nur‘Afas; Tunggul Anshari; M. Hamidi Masykur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.401

Abstract

This study analyzes the urgency of regulating the Empty Residential Property Tax in Indonesia’s legal system based on the principle of the social function of land rights and formulates a regulatory model that can be integrated into the local tax regime. A normative juridical method is employed, using statutory, conceptual, comparative, and systematic approaches. Legal materials are analyzed qualitatively to examine the relationship between the social function of land rights, the regulatory function of taxation, and housing policy objectives. This study identifies a substantive and structural research gap. Previous studies predominantly focus on (i) the general doctrine of the social function of land rights within agrarian law, (ii) the effectiveness of Land and Building Tax in rural and urban areas (PBB-P2) as a fiscal instrument, or (iii) administrative enforcement of abandoned land regimes. However, limited attention has been given to the construction of a tax mechanism based on the actual utilization status of residential property and its normative grounding in the social function principle of land rights, particularly within Indonesia’s decentralized taxation framework. The findings indicate a normative vacuum in Indonesian positive law, where existing abandoned land mechanisms are insufficient to address intentionally vacant residential properties, while Land and Building Tax in rural and urban areas (PBB-P2) remains property-value oriented without considering occupancy status. This condition creates regulatory inefficiency, market distortion, and contributes to artificial housing scarcity, contradicting the social function principle of land rights. The novelty of this study lies in the formulation of an Empty Residential Property Tax as a progressive add-on mechanism to Land and Building Tax in rural and urban areas (PBB-P2) within the framework of the Law on Financial Relations between Central and Regional Governments. The proposed model introduces a clear vacancy threshold (more than six months per tax year), utility-based data integration as an objective verification tool, proportionate exemptions, and earmarking of revenues for affordable housing programs. This represents a shift from ownership-based taxation to utilization-based taxation in Indonesia’s property tax design.
Legal Certainty in the Re-Norming of Article 66(1) of the Notary Law Izza Safira; M. Hamidi Masykur; Letiza Dessy Andreassari
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.411

Abstract

This study aims to evaluate the consistency of legal certainty and the constitutional implications resulting from the re-norming of the phrase "with the approval of the Notary Honorary Council" in Article 66 paragraph (1) of Law Number 2 of 2014 concerning the Amendment to the Notary Office Law. It specifically addresses whether reviving a mechanism previously declared unconstitutional under a renamed institution fulfills the constitutional guarantees of legal certainty and assesses it s wider legal impacts on the national law enforcement process involving notary public officials This research employs a normative legal research method (library research) focusing on the analysis of documented legal materials. The study utilizes a statutory approach and a conceptual approach, heavily grounded in the constitutional doctrines of judicial independence, equality before the law, and the classic theories of legal certainty developed by Hans Kelsen and Jan Michiel Otto. The primary legal materials examined include the 1945 Constitution, relevant notary position laws, and the Constitutional Court Decision Number 49/PUU-X/2012. The results indicate that, from the perspective of Jan Michiel Otto’s theory of real legal certainty, the re-norming fails to establish just legal certainty due to severe normative inconsistencies, an absence of academic justification in legislative drafts, and a lack of parliamentary compliance toward final and binding judicial reviews. Juridically, by shifting extra-judicial administrative approval from the Regional Supervisory Council (MPD) to the Notary Honorary Council (MKN), the provision establishes a severe norm conflict that overrides standard criminal procedural mandates (KUHAP) and compromises judicial independence. Sociologically, empirical evidence demonstrates that this gatekeeping function operates as an aggressive institutional filter rather than an objective protection of confidentiality, significantly obstructing material truth-seeking, delaying judicial due process, and leading to high operational case termination rates by law enforcement agencies.
Co-Authors Alivia Febriyanti Arini Jauharoh Bambang Eko Supriyadi Izza Safira Letiza Dessy Andreassari Tajuddin Nur‘Afas Tiara Maharani Tunggul Anshari