Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
Iwan Permadi
Faculty of Law, Brawijaya University Malang, Indonesia
Health Professions Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
The Principle of Legal Balance and the Degradation of Incentive Rights in Protected Rice Field Policies Mohammad Habib Ramdhani; Iwan Permadi; Indah Dwi Qurbani
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.v22i3.399

Abstract

The increasing conversion of paddy fields to non-agricultural uses poses a significant threat to national food security, prompting the Indonesian Government to enact Presidential Regulation Number 4 of 2026 concerning the Control of Paddy Field Conversion. This regulation introduces a protection mechanism through the designation of Protected Paddy Fields (LSD) and imposes restrictions on landowners' rights to convert their agricultural land. As a balancing instrument, the regulation also provides incentives for individuals who maintain the agricultural function of their land. However, the incentive provisions contained in Articles 20 and 21 raise normative concerns, particularly due to the phrase "subject to the State's financial capacity," which creates legal uncertainty. This study aims to analyze the juridical implications of the ambiguity of the incentive provisions on the legal certainty of Protected Paddy Field owners and to assess their conformity with the principles of balance and proportionality in administrative law. The research employs a normative legal method using statutory, conceptual, and analytical approaches. The findings reveal that the phrase constitutes a vague norm because it fails to specify the parameters of the State's fiscal capacity, the mechanism for granting incentives, or the legal consequences of the State's failure to provide them. As a result, the public's right to receive incentives becomes uncertain, while the restrictions on land conversion rights apply directly and are legally binding. This situation creates an asymmetric legal relationship between the State and landowners, indicating that the incentive provisions under Presidential Regulation Number 4 of 2026 do not fully satisfy the principles of legal certainty, balance, and proportionality. Therefore, a normative reconstruction is necessary to ensure the certainty of incentive implementation as a form of legal protection for landowners affected by controlling policies the conversion of paddy fields.
Notaries' Dual Status as Public Officials and Business Actors in Government Procurement Giovani Marco Tarani Soba; Iwan Permadi; Endang Sri Kawuryan
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.v22i4.405

Abstract

This study aims to analyze the regulatory disharmony concerning the legal status of notaries as both public officials and business actors within the government procurement system and to examine its legal implications for professional independence, equality of opportunity, and contractual justice. This research employed a normative legal research method using statutory and conceptual approaches, with qualitative analysis conducted through library research. The primary legal materials consisted of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 on the Office of Notary, Presidential Regulation Number 46 of 2025 concerning Government Procurement of Goods and Services, Regulation of the National Public Procurement Agency (LKPP) Number 5 of 2021, and Regulation of the Central Statistics Agency (BPS) Number 7 of 2025 concerning the Indonesian Standard Industrial Classification (KBLI). These legal materials were analyzed using the theories of legal certainty, authority, and justice. The research gap lies in the absence of a comprehensive study examining the normative conflict between the legal framework governing the notarial office and the regulations on government procurement, along with its implications for professional independence, equality of opportunity, and contractual justice. The findings reveal a regulatory disharmony whereby the notarial legal framework recognizes notaries as independent and impartial public officials, whereas government procurement regulations classify them as business actors subject to contractual relationships and competitive procurement mechanisms. This inconsistency has the potential to shift the public-service character of the notarial office, undermine professional independence, create preferential relationships that restrict equal opportunities among notaries, and fail to ensure contractual justice between the government and notaries. The novelty of this study lies in proposing a harmonized regulatory framework for notarial service procurement that preserves the legal status of notaries as public officials within the government procurement system while maintaining the essential principles of independence, impartiality, and public service inherent in the notarial profession.
Co-Authors Endang Sri Kawuryan Giovani Marco Tarani Soba Indah Dwi Qurbani Mohammad Habib Ramdhani