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All Journal Unram Law Review Jurnal Selat Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences YURISDIKSI : Jurnal Wacana Hukum dan Sains Jurnal Multidisiplin Madani (MUDIMA) International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Mahadi : Indonesia Journal of Law
Hanif Nur Widhiyanti
Unknown Affiliation
Religion Aerospace Engineering Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Paradigm Transformation in Land Area of Plantation Cultivation Right from Agrarian Basic Law to Job Creation Law wicaksono, setiawan; Imam Koeswahyono; Iwan Permadi; Hanif Nur Widhiyanti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.312

Abstract

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.
Analysis Of Cross-Border Insolvency Dispute Resolution In Insolvency Practice In Indonesia Muhammad Dzaky; Budi Santoso; Hanif Nur Widhiyanti
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 3 (2023)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i3.275

Abstract

The resolution of Cross-Border Insolvency disputes in bankruptcy practice in Indonesia, with a focus on court decision Number 26/PAILIT/2010/PN.Niaga.JKT.PST. This highlights the lack of specific regulations in Indonesian law regarding cross-border bankruptcy, which causes legal uncertainty in resolving such disputes. This research uses a normative juridical approach to examine the application of rules and norms in positive law. The case analysis includes a bankruptcy petition against Manwani Santosh Tekchand filed by OCBC Securities Private Limited, which raises issues regarding the evidentiary strength of the special power of attorney granted to the Attorney. This article emphasizes the importance of clear rules and legal certainty to protect creditor rights and facilitate the execution of debtor assets. The court decisions discussed in this article highlight the legal implications of cross-border bankruptcy resolution, stating that foreign court decisions can be valid and convincing evidence regarding debts and the relationship between debtors and creditors if they meet formal requirements as authentic deeds. However, foreign court decisions cannot be recognized and implemented by Indonesian courts unless there is a ratified convention or the principle of reciprocity. The article concludes that the resolution of cross-border bankruptcy disputes in bankruptcy practice in Indonesia is limited by existing regulations and suggests the possibility of litigation or filing new bankruptcy applications based on debt instruments.
Legal Relationship Between Platform Service Providers and Online Transportation Driver as Gig Workers (Platform Workers) Hadiati, Dian; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 5 No 3 (2023)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v5i3.276

Abstract

This research aims to determine the classification of legal relationships between platform service providers and online transportation drivers as gig workers (platform workers). The choice of theme is motivated by the fact that so far the legal relationship that occurs between platform service providers and online transportation drivers is a partnership relationship, but the partnership relationship that occurs does not implement the principles of partnership in its implementation in the business world. This partnership cooperation relationship is not regulated in the Law Number 20 of 2008 regarding Micro, Small, and Medium Enterprises or the Indonesian labour law because the Indonesian labour law only recognizes working relationships, while in the Law Number 20 of 2008 regarding Micro, Small, and Medium Enterprises because the original intent of the partnership in Law No.20/2008 is very different from the partnership relationship that is currently happening between platform service providers and online transportation drivers. Then the writing of this paper uses a normative juridical method with a statutory approach and an analytical approach. The legal material obtained by the author will be analyzed using descriptive analytical analysis techniques, namely a method of analyzing legal material by determining the content or meaning of legal rules in terms of partnership cooperation relationships, as well as the Civil Code. From the results of research with the above methods, the classification of legal relationships between platform service providers and online transportation drivers as gig workers (platform workers) is classified as a partnership relationship based on the Subordinate union of partnership, namely a partnership based on the merger of two or more parties that are subordinately related
Legal Certainty of Lease Rights for Foreign Citizens of Ownership Land in Indonesia Yudha Tri Dharma Iswara; Hanif Nur Widhiyanti; Novitasari Dian Ph
Jurnal Multidisiplin Madani Vol. 3 No. 5 (2023): May, 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v3i5.3841

Abstract

In Indonesia, regulations have been issued that guarantee certainty over land in Indonesia, one of which is Law Number 5 of 1960 concerning the Basic Agrarian Law, which was subsequently reduced using Government Regulation Number 10 of 1961 concerning Land Registration and replaced with Government Regulation Number 24 of 1997 Concerning Land Registration, Foreign Citizens who have an interest in investing in Indonesia do a lot of land lease agreements, especially in Bali, because the term of a lease in Indonesia is not specifically regulated, law smuggling often occurs where a lease agreement has a long term, even indicating a lease for lifetime. Therefore the importance of a legal certainty regarding the lease term is regulated in a statutory regulation, so that in determining the term in the lease agreement it still has a decency and fairness in its implementation.The research method in this writing uses normative juridical law research with a statutory approach , legal concept approach  and case approach. In this thesis, the author discusses two legal issues related to legal certainty regarding the time limit for leasing private land in Indonesia for foreign nationals and the legal consequences arising from the ambiguity of legal norms regarding arrangements related to the time limit for leasing private land in Indonesia. The results of the research show that in terms of determining legal certainty related to the lease term for now, it can use or be based on the principle of decency in Article 1339 Kuperdata. The consequences that arise when a lease agreement has a time limit indicating a living well lease is a non-existent legal act
Legal Protection for the Winners of the Execution of Mortgage Rights in the Auction Case of Blocking of Property Rights Certificates (SHM) which Become the Object of the Auction Rizky Melani Dian Pratiwi; Hanif Nur Widhiyanti; Diah Aju Wisuwardani
Jurnal Multidisiplin Madani Vol. 3 No. 6 (2023): June, 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v3i6.4127

Abstract

The purpose of this study is to examine the meaning of the phrase "object of dispute in court" in the provisions of Article 45 paragraph 1 letter e of Government Regulation No. 24 of 1997 concerning Land Registration and In the event that the auction object is blocked, the winning bidders have legal protection when exercising their mortgage rights. Researchers employed a normative juridical research style in this study. The study's findings demonstrate that various parties have different interpretations of Letter E of Article 45 of PP Number 24 of 1997. Land Offices, so that any object of claim including objections to auctions because the limit value is considered low is still used as a reason to refuse registration of a rights transfer by auction. The type of law protection for auction winners, namely preventive protection which is preventive in nature, is still very weak, where The only thing the auction winner can do is wait for the Court's ultimate ruling. Taking legal action is another option to restrictive legal protection. The winning bidder may seek the District Court for help in removing the item. The auction winner can sue Perbuatan Melawan Hukum (PMH) against the Blocking Applicant and The representative for the to conduct the auction is the Land Office. in order to make the seller accountable through payment of damages. the blocking record
Conceptualization of Crypto Asset As A Collateral Object In Indonesian Positive Law Firda Shafira; Hanif Nur Widhiyanti; Stephanie Wilamarta
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.v21i4.335

Abstract

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.
Analysis of Priority Criteria In Offering Special Mining Business Permit Areas (WIUPK) To Religious Community Organizations Firlia Nurani Rakhma; Hanif Nur Widhiyanti; Tri Sulistiowarni
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.v21i4.342

Abstract

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.
Co-Authors ABDUL RACHMAD BUDIONO Budi Santoso Budi Santoso Diah Aju Wisnuwardhani Diah Aju Wisuwardani Dody Heryanto Firda Shafira Firlia Nurani Rakhma Hadiati, Dian Himawan Sutanto I NYOMAN NURJAYA Ilham Nugroho Imam Koeswahyono Intan Nirmala Ramadhani Istislam Istislam Iwan Permadi Kodir, Abdul - Moerdany, Vira Muhammad Dzaky Novitasari Dian Ph Prija Djatmika Rachmi Sulistyarini Rachmi Sulistyorini Rizky Melani Dian Pratiwi Robby Pramono Setiawan Wicaksono, Setiawan Situmorang, Boy Kresendo Stephanie Wilamarta Sukarmi Taradita Nindyawati Tri Sulistiowarni Yudha Tri Dharma Iswara