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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
Yenny Eta Widyanti
Faculty of Law, Brawijaya University Malang, Indonesia
Health Professions Law, Crime, Criminology & Criminal Justice

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Civil Liability of Notaries in The Execution of Bank Credit Agreement Deeds Based on Invalid or False Documents Bimo Bimantoro; Sukarmi; Yenny Eta Widyanti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.363

Abstract

This study aims to analyze the limits of a notary’s civil liability in the preparation of banking credit agreement deeds based on materially inaccurate documents, as well as to examine the juridical implications for the validity of authentic deeds and the legal relationships between the parties. The research employs a normative legal method with statutory, conceptual, and case approaches, supported by an analysis of banking regulations, the Civil Code, and the Notary Position Act. The results indicate that, in principle, a notary is only responsible for the formal validity of the deed, insofar as all procedures and statutory requirements have been fulfilled. However, under certain circumstances, a notary may be held civilly liable if proven to have acted negligently, carelessly, or in violation of the duty of prudence. Furthermore, the use of materially inaccurate documents may lead to defects of consent, unlawful acts, and the degradation of the evidentiary strength of an authentic deed into that of a private document. Therefore, it is necessary to establish clearer normative boundaries regarding the extent of material verification by notaries in order to ensure legal certainty and protection for the parties in banking credit practices. This study also emphasizes the importance of harmonizing the prudential banking principle with notarial authority to prevent an imbalance of legal responsibility that may adversely affect financial institutions and the public at large. In addition, it provides normative recommendations to clarify the scope of notarial liability in the future.
Project Account Regulations In Property Development Preproject Selling System In Indonesia Satriyo Cahyo Bagaskoro; Yenny Eta Widyanti; Djumikasih
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.375

Abstract

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.
The Position of Marketplace In Online Transactions And Mitigation of Unilateral Cancellations Based On Theory of Responsibility Anisa Putri Wulandari; Reka Dewantara; Yenny Eta Widyanti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.382

Abstract

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.
Legal Certainty Regarding The Validity Period of Halal Certificates In Indonesia Kuntari Angrani; Yenny Eta Widyanti; Siti Rohmah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.383

Abstract

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.
Co-Authors Anisa Putri Wulandari Bimo Bimantoro Djumikasih Kuntari Angrani Reka Dewantara Satriyo Cahyo Bagaskoro Siti Rohmah Sukarmi