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All Journal INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES YURISDIKSI : Jurnal Wacana Hukum dan Sains
Reka Dewantara
Faculty of Law, Brawijaya University Malang, Indonesia
Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Urgency of Regulation on Bankruptcy Applicants for Regional Public Companies Thufail Rozaan; Sukarmi Sukarmi; Reka Dewantara
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.25404

Abstract

The absence of a clear legal framework governing the authority to initiate bankruptcy proceedings against Regional Public Companies (Perusahaan Umum Daerah, or Perumda) has resulted in a normative gap that undermines legal certainty and institutional accountability. This article explores the urgency of establishing a new normative order (ius constituendum) concerning eligible bankruptcy petitioners against Perumda by critically examining its legal standing within Indonesia's economic and public law system. Employing a normative juridical method that integrates statutory and conceptual approaches, this research applies systematic and grammatical interpretations to relevant primary and secondary legal sources. The findings reveal that the lack of explicit legal norms not only exposes Perumda to arbitrary actions and potential misuse of authority but also jeopardizes creditor protection and public service continuity. The study concludes by advocating for a firm regulatory framework that delineates clear procedural safeguards, thereby reinforcing the function of law as an instrument of justice and public interest protection.
Notary's Prudence Duty Effectiveness in Indonesian Financing Deeds: BPRS Rifat Case Salma Nur Azizah; Reka Dewantara; Dewi Iryani
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.v22i1.352

Abstract

Marital property separation agreements are governed by Article 29 of Law Number 1 of 1974 on Marriage and Articles 139–148 of the Indonesian Civil Code, which originally restricted their execution to the period prior to marriage. The issuance of Constitutional Court Decision Number 69/PUU-XIII/2015, however, permits postnuptial amendments with court approval, thereby generating legal uncertainty regarding the legal status of marital assets and inconsistencies in judicial decisions. This study aims to examine the legal status of joint property acquired prior to the amendment of a marital agreement following the Constitutional Court’s decision and to analyze the legal implications of amendments or annulments of marital agreements on the position and distribution of marital property. This research employs a normative juridical method with statutory, conceptual, and case approaches, conducted through library research of primary legal materials, including marriage legislation, the Civil Code, and relevant court decisions, as well as secondary and tertiary legal materials. The data are analyzed qualitatively using a descriptive-analytical approach. The results indicate that marital property acquired prior to the amendment of a marital agreement is subject to prospective application and does not have retroactive effect, thereby maintaining its original legal status in accordance with the principle of legal certainty. Furthermore, the study underscores the necessity of implementing regulations to ensure uniformity in notarial and judicial practices and to promote distributive and corrective justice.
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.
Co-Authors Anisa Putri Wulandari Dewi Iryani Salma Nur Azizah Sukarmi Sukarmi Thufail Rozaan Yenny Eta Widyanti