cover
Contact Name
Sigit Sapto Nugroho
Contact Email
sigitsapto@unmer-madiun.ac.id
Phone
+62351-495551
Journal Mail Official
yustisia@unmer-madiun.ac.id
Editorial Address
Jl. Serayu No.79, Madiun, Jawa Timur, Indonesia - 63133
Location
Kota madiun,
Jawa timur
INDONESIA
Yustisia Merdeka : Jurnal Ilmiah Hukum
ISSN : 24078778     EISSN : 25800019     DOI : 10.33319
Core Subject : Social,
Jurnal YUSTISIA MERDEKA diterbitkan oleh Fakultas Hukum Universitas Merdeka Madiun, terbit per satu semester (dua nomor dalam setahun) Pada bulan Maret dan September. Memuat naskah hasil penelitian, kanjian konseptual, analisis kritis di bidang hukum, konstiusi dan isu-isu ketatanegaraan, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum, dengan mengedepankan sifat orisinalitas, kekhususan dan kemutakhiran artikel pada setiap terbitannya. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang mempublikasikan pemikiran hasil penelitian orisinal, para akademisi yaitu mahasiswa maupun dosen yang belum pernah dipublikasikan pada media lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 195 Documents
Legal Protection for Creditors on Collateral Rights Not Owned by the Debtor (Case Study of Tuban District Court Decision No. 9/Pdt.G/2020/PN.Tbn) Eko Muhyani; Fathkurrohman; Sarjiyati; Anik Tri Haryani
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 2 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i2.349

Abstract

Abstract Introduction to the Problem: The legal issue arises when collateral rights are pledged in a credit agreement, but the collateral does not legally belong to the debtor. This creates legal uncertainty for creditors and risks the violation of the property rights of the true owner, as exemplified in Tuban District Court Decision No. 9/Pdt.G/2020/PN.Tbn. Purpose/Study Objectives: This article aims to analyze the legal protection available for creditors when collateral used in a credit agreement is not owned by the debtor, and to identify the legal consequences that arise from such circumstances. Design/Methodology/Approach: This study employs a normative juridical method with a case approach, focusing on the Tuban District Court Decision No. 9/Pdt.G/2020/PN.Tbn to examine judicial considerations, the application of legal principles, and the implications for both creditors and third parties. Findings: The analysis shows that creditors face weakened legal certainty and limited rights of execution when the collateral is not legally owned by the debtor. The decision highlights the importance of ensuring the validity of collateral ownership to protect creditors, while also preventing losses for third-party property owners. Paper Type: Research Article.
The Police Investigators’ Strategy in Handling Narcotics Crime in the Jurisdiction of Ngawi Police Resort Faisal Ferdiansyah; Sirajjudin; Krista Yitawati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 2 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i2.350

Abstract

Abstract Introduction to the Problem: The issue of narcotics continues to escalate and poses a serious threat within the jurisdiction of Ngawi, both in terms of circulation and abuse. Purpose/Study Objectives: This study aims to analyze the role, challenges, and strategies implemented by investigators at the Ngawi Resort Police (Polres Ngawi) in combating narcotics-related crimes. Design/Methodology/Approach: This research employs a juridical-empirical method with a qualitative approach. Data is collected through direct interviews with investigators from the Narcotics Unit of the Ngawi Resort Police (Satresnarkoba Polres Ngawi), field observations, and documentation of narcotics cases from 2023 to 2025. Findings: In carrying out their duties, investigators employ preventive, preemptive, and repressive approaches. However, they face various challenges, such as limited personnel, insufficient facilities and infrastructure, and low public participation. To address these issues, strategies such as enhancing human resource capacity, fostering intersectoral cooperation, and strengthening outreach and rehabilitation programs are implemented. The research findings indicate that the success of narcotics control requires strong synergy between law enforcement agencies, the government, and the community.
The Role of the Madiun City Goods and Services Procurement Work Unit (UKPBJ) in Accelerating Development and Public Services from a Legal Perspective Septiana Widya Handayani; Faturrahman; Sarjiyati; Sigit Sapto Nugroho
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 2 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i2.352

Abstract

Abstract Introduction to the Problem: Government procurement of goods and services plays a crucial role in development implementation, as well as serving as a manifestation of good governance and an indicator of the quality of public service performance. Therefore, the Madiun City Goods/Services Procurement Work Unit (UKPBJ) was established and established to carry out procurement of goods and services professionally. Purpose/Study Objectives: The purpose of this study is to analyze the role of the Madiun City Goods and Services Procurement Work Unit (UKPBJ) in accelerating development and public services through government procurement of goods/services and to analyze the obstacles or constraints faced in the implementation of Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods and Services as amended by Presidential Regulation Number 12 of 2021 on the Madiun City UKPBJ and how to solve them. Design/Methodology/Approach: The research method used in this research is empirical juridical, data sources are primary data in the form of observations, interviews and document studies while secondary data are in the form of books, journals, reports, etc. The data analysis uses qualitative analysis methods. Findings: The results of the study show that the role of the Madiun City Goods and Services Procurement Work Unit (UKPBJ) in accelerating development and public services includes: (1) Management of Goods/Services Procurement, (2) Management of Electronic Procurement Services (LPSE), (3) Development of Human Resources (HR) and Institutional Procurement of Goods/Services (PBJ), (4) Mentoring, Consultation, and Technical Guidance, (5) Implementing other tasks. While internal obstacles are: (1) Lack of human resources (HR) for Functional Positions of Goods/Services Procurement Managers, the solution is to apply for recruitment either through the selection path for State Civil Apparatus Candidates (CASN) or through transfer of positions for ASN in other functional positions, (2) Obligation of Goods and Services Procurement Officials (PPBJ) to be certified, the solution is to follow education and training according to the required standards. Meanwhile, externally, namely: (1) Not following and mastering the dynamics of legal regulations, the solution is to follow technical guidance and training. (2) Gaptek (Technology Ignorance) in Procurement of Goods and Services, the solutions include: (1) Education and Training, (2) Use of Digital Systems, (3) Technical Support Systems, (4) Improving Internet Access. Paper Type: Research Article
Implementation of Public Information Disclosure Regulations in An Electronic-Based Government System in Madiun City Rizal Budi Arthanto; Anwar; Sigit Sapto Nugroho
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 2 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i2.353

Abstract

Abstract Introduction to the Problem: This research is very urgent to find out the implementation of regulations on public information disclosure in electronic-based information systems in Madiun City with various obstacles. Purpose/Study Objectives: The purpose of this study is to analyze the implementation of regulations on public information disclosure in electronic-based information systems in Madiun City and to analyze the weaknesses of regulations on public information disclosure in electronic-based information systems in Madiun City. Design/Methodology/Approach: The research method used in this study is legal sociology research (socio legal research), data sources in the form of primary data and secondary data and analyzed data using qualitative descriptive analysis. Findings: Based on the results of research and discussion shows that the implementation of public information disclosure regulations in electronic-based information systems in Madiun City carried out by the Implementing PPID of Madiun City can be seen that the average value of public information disclosure in the Implementing PPID of Madiun City reaches 95%. The indicators are there are no public information disputes and no objections and the number of complaints from the Madiun City Government related to the quality of services such as administrative services, indications of Corruption Crimes (Tipikor) and service officers is 0 (zero) or no complaints. Meanwhile, the weaknesses of public information disclosure regulations in electronic-based information systems in Madiun City are internally no obstacles but management is constrained by human resources, limited facilities and infrastructure; and expertise in the field of information and technology. The efforts made are by conducting periodic technical guidance and commitment to complete infrastructure facilities. Paper Type: Research Article
Digital Transformation and Its Implications for Commercial Law Practice in Indonesia Sulistya Eviningrum; Nizam Zakka Arrizal; Asa Barno Happy Ramadhany; Yudita Ayu Widya Perdana
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 2 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i2.357

Abstract

Abstract Introduction to the Problem: the urgency of this research is that there’s so many challenge and major changes due to digital transformation in commercial law practice in Indonesia, Introducing new difficulties and opportunities in the field of electronic transactions, digital consumer protection, and intellectual property rights. This study explores fundamental changes in the legal structure and mechanisms needed to accommodate evolving digital business models. Purpose/Study Objectives: The Purpose of this study are to explore the dynamics of digital transformation in the context of Indonesian commercial law, focusing on three key aspects: mechanisms for changing legal practices, regulatory challenges, and strategies for adapting the legal framework to digital innovation. Design/Methodology/Approach: This piece of writing relies on normative law research. The statutory and conceptual approach models were applied. Findings: The findings indicate that although regulations have attempted to keep pace with technological developments, there is still a need for improvement in terms of transaction security, electronic legal proof, and personal data protection. The study's findings are expected to provide policymakers with recommendations for developing policies that are responsive and adaptive to the digital age.. Paper Type: Research Article.
Cognitive Behavior Modification (CBM) Approach in Stress Management among Long-Term Inmates at Class IIA Correctional Facility Cikarang Zain Difa Waliyudin; Iman Santoso
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 12 No. 1 (2026): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v12i1.354

Abstract

Abstract Introduction to the Problem: Stress is a significant psychological challenge for long-term inmates caused by restricted freedom, separation from family, and the burden of lengthy sentences. These conditions often lead to negative thought patterns, maladaptive behaviors, and hinder the rehabilitation process. Purpose/Study Objectives: This study aims to analyze the implementation of Cognitive Behavior Modification (CBM) in managing stress among long-term inmates at the Class IIA Correctional Facility Cikarang. Design/Methodology/Approach: The research employs a descriptive qualitative approach through interviews, observations, and documentation to explore inmates’ experiences and psychological dynamics in participating in CBM-based rehabilitation programs. Findings: The results show that CBM is applied through religious, intellectual, and social development programs that help restructure negative cognitions, foster coping strategies, and strengthen resilience. However, several barriers remain, including low self-awareness, lack of motivation, negative stigma, limited psychological support, and inconsistent participation. These findings suggest that the success of CBM depends on inmates’ internal motivation, professional support, and the continuity of a rehabilitative environment. Paper Type: Research Article Keywords: Cognitive Behavior Modification; Stress Management; Long-Term Inmates; Correctional Facility; Rehabilitation
Goal-Based Evaluation Model of the Vocational Development Program for Narcotics Inmates at Class IIA Lombok Barat Correctional Facility Aldy Ferdiawan; Wido Cepaka Warih
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 12 No. 1 (2026): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v12i1.355

Abstract

Abstract Introduction to the Problem: Vocational development programs in correctional institutions are designed to equip inmates with life skills to reduce recidivism and support social reintegration. However, the effectiveness of the program at Class IIA Lombok Barat Correctional Facility, particularly for narcotics inmates, has not been comprehensively evaluated, making it difficult to assess the achievement of its intended objectives. Purpose/Study Objectives: This study aims to evaluate the implementation of the vocational development program for narcotics inmates at Class IIA Lombok Barat Prison and to identify the challenges faced during its execution. Design/Methodology/Approach: The research adopts a qualitative method with a goal-based evaluation approach, employing in-depth interviews, participatory observation, and document analysis. The data were analyzed inductively to examine the alignment between program objectives and actual outcomes. Findings: The results reveal that program effectiveness is constrained by limited availability of tools, materials, and facilities, which hinder vocational training activities such as wood carving, culinary arts, welding, and batik-making. Inmates generally require intensive guidance as their basic skills are underdeveloped. While the program positively enhances productivity, patience, and self-confidence, its connection to post-release employment opportunities remains weak. Additional challenges include shortages of resources, limited training time, and internal issues such as inmate motivation and discipline. These findings highlight the importance of improving funding systems, resource management, and individualized approaches to ensure program sustainability and strengthen rehabilitation outcomes. Paper Type: Research Article Keywords: Vocational Development; Narcotics Inmates; Correctional Facility; Rehabilitation; Social Reintegration
Legal Protection for People with Mental Disorders (ODGJ) as Victims of Rape Resulting in Pregnancy Rahmadiani Kartika Lestari; Samsul Arifin
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 12 No. 1 (2026): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v12i1.361

Abstract

Introduction to the Problem: Sexual violence against people with mental disorders (ODGJ) creates double vulnerability, with victims facing the trauma of rape and limited access to justice. This issue is exacerbated by the resulting pregnancy, and even worse, the birth of a child from the crime. Purpose/Study Objectives: From this problem, this study aims to understand the legal protection for people with mental disorders (ODGJ) who become pregnant as a result of the crime of rape. Design/Methodology/Approach: The research method used in this study is Empirical Legal Research with a qualitative approach, with data collection techniques through in-depth interviews. Findings: The results of this study conclude that legal protection for people with mental disorders (ODGJ) who are victims of rape resulting in pregnancy is currently inadequate and faces gaps in implementation in the field. ODGJ are doubly vulnerable due to stigma and mental health conditions that hinder their ability to resist, report, and access justice. Ideal protection should be comprehensive and non-discriminatory, and provide ongoing psychological rehabilitation to address multiple traumas. Furthermore, if the pregnancy continues to childbirth, the focus of legal protection must shift entirely to guaranteeing the rights to life, growth, and development of the child born from the crime. Paper Type: Research Article
ATR/BPN Regulation Policy Number 2 of 2024 Concerning the Moratorium on Protected Rice Field Land Reviewed from the Perspective of Legal Objectives (Benefit) Dinda Shabila Fajrin; Heru Kuswanto
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 12 No. 1 (2026): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v12i1.365

Abstract

Abstract Introduction to the Problem: The main problem in this study is the urgency of the moratorium policy for the establishment of the Regulation of the Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) Number 2 of 2024 concerning Protected Rice Fields (LSD) and the moratorium policy is reviewed from the perspective of Utilization.  Purpose/Study Objectives: This study aims to analyze the urgency of the moratorium policy for the stipulation of the Regulation of the Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) Number 2 of 2024 concerning Protected Rice Fields (LSD) and the moratorium policy from the perspective of Utilization. Design/Methodology/Approach: This study uses normative legal research methods with a statutory approach (Statue approach) and a conceptual approach (Conceptual approach). Legal materials consist of primary legal materials, secondary and tertiary legal materials and qualitative descriptive analysis is carried out. Findings: The urgency of the moratorium policy on Protected Rice Fields (LSD) as stipulated in the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 2 of 2024 is not just an administrative instrument, but a manifestation of progressive legal policies that also provide preventive legal protection against the threat of land degradation, which in turn makes a real contribution to national food sovereignty. From the point of view of legal benefits, the policy of suspending Protected Agricultural Land can be seen as an action of state intervention to achieve a balance between development interests and the protection of agrarian resources. Paper Type: Research Article
Application Of The Expiry Period For The Division Of Joint Property After Divorce Based On The Principle Of Legal Certainty Nurul Rosida; Heru Kuswanto
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 12 No. 1 (2026): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v12i1.366

Abstract

Abstract Introduction to the Problem: This study aims to determine the statute of limitations on the distribution of joint assets after divorce and the factors that hinder the implementation of the statute of limitations on joint assets after divorce. Purpose/Study Objectives: The application of the statute of limitations on the distribution of joint property after divorce based on the principle of legal certainty, and factors inhibiting the application of the statute of limitations on joint property after divorce. Design/Methodology/Approach: The research method used in this research is normative juridical by taking an approach to the Law. Law (statute approach) and conceptual approach (conceptual approach). Findings: There is a limitation on the period for filing a lawsuit for joint property acquired between husband or wife during the marriage to ensure legal certainty. The obstacles experienced regarding the application of the statute of limitations for joint property lawsuits can occur due to strong local customs, strong cultural influences between communities in each region, and a lack of understanding in the community regarding joint property. Therefore, the way to overcome this is by frequently socializing to provide an understanding to the community regarding what the statute of limitations and joint property are. Paper Type: Research Article