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

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Implementation of Client-Entrusted Payment of the Duty on the Acquisition of Land and Building Rights to Land Deed Officials Nadia Natashya Amarilis; Djumikasih; R. Imam Rahmat Sjafi’i
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.v22i2.373

Abstract

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.
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.
Child Protection In Marriage Dispensation: Harmonization of Regulations From The Perspective of The Child Protection Law Aura Shava Dhinda Salsabila; Rachmi Sulistyarini; Djumikasih
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.384

Abstract

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.
Co-Authors Aura Shava Dhinda Salsabila Nadia Natashya Amarilis R. Imam Rahmat Sjafi’i Rachmi Sulistyarini Satriyo Cahyo Bagaskoro Yenny Eta Widyanti