YURISDIKSI : Jurnal Wacana Hukum dan Sains
The scope of the articles published in YURISDIKSI Jurnal Wacana Hukum dan Sains deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Medical Law, Law and Economic, Sociology of Law and another section related contemporary issues in Law. YURISDIKSI Jurnal Wacana Hukum dan Sains is an open access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
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<![CDATA[Transformation of Dependent Rights In The Digital Era A Study In Electronic Implementation ]]>
<![CDATA[Waradatun Nafi’ah]]>;
<![CDATA[Arofa]]>;
<![CDATA[Andianita Nur Ilahiyah]]>;
<![CDATA[Moh Basri]]>;
<![CDATA[Ahmad Musadad]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v20i4.261
<![CDATA[The digitization of the dependent rights system is an innovation in land administration that aims to increase efficiency, transparency, and legal certainty in Indonesia. The implementation of Electronic Dependent Rights (HT-el) brings various benefits, such as a faster registration process, wider access, and minimal administrative errors compared to conventional systems. However, in its implementation, there are still various obstacles, such as limited technological infrastructure, low public digital literacy, and challenges in maintaining data security and user privacy. This study uses normative juridical methods, utilizing legal and conceptual approaches to examine the effectiveness of regulations regarding electronic liens. The findings of the study suggest that although HT-el has significant promise to improve land services, additional strategies are essential. This includes strengthening regulations, improving infrastructure, and engaging with the community. These measures are necessary to ensure the optimal implementation of this system and to provide legal certainty for all stakeholders involved.]]>
<![CDATA[The Validity of A Will Made Before A Notary Without The Knowledge of The Heirs of The Will ]]>
<![CDATA[Muhammad Ihza Prayogo]]>;
<![CDATA[Soemali]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v20i4.263
<![CDATA[Making a will is very useful because it provides clarity on the property left by the owner when he dies. There is a case in the Supreme Court Decision Number: 3658 K/PDT/2022, where the Plaintiff as a Sinshe claimed to have received a will from a patient who had died, while the heirs of the patient were completely unaware of the making of the Will. Based on this, this study analyzes the recipient of the will whose position is as a sinshe or medical expert in receiving a will from the patient he treated, and analyzes and explains the validity of the will deed made before a notary without the knowledge of the heirs of the testator in the Supreme Court jurisprudence Number: 3658 K/PDT/2022. This type of research is normative legal research, with a statutory approach, a conceptual approach, and a case approach. That in accordance with the provisions of Article 906 of the Civil Code, the recipient of the will whose position is as a sinshe or medical expert is not allowed to receive a will from the patient he treated. The validity of a will made before a notary without the knowledge of the heirs of the testator is null and void and has no binding legal force.]]>
<![CDATA[Legal Review of Decisions Exceeding The Demands (Ultra Petita) ]]>
<![CDATA[Erin Irgo Septyalona]]>;
<![CDATA[Bastianto Nugroho]]>;
<![CDATA[Mohammad Roesli]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v20i4.264
<![CDATA[The aim of this research is to determine the provisions for proceedings at the General Court and specifically the provisions for proceedings at the Constitutional Court in carrying out the judicial review of laws against the 1945 Constitution according to Law Number 24 of 2003 concerning the Constitutional Court. Method Normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a juridical philosophical sense.Results of the Constitutional Court (MK). The establishment of the Constitutional Court was based on the third amendment to the 1945 Constitution which was carried out by the MPR in 2001. The Constitutional Court is an independent judicial authority to administer justice to uphold law and justice alongside the Supreme Court and subordinate courts (Article 24 paragraphs (1) and (2) Amendment Third). The Constitutional Court was formed to guarantee that the constitution as the highest law can be enforced, so that the Constitutional Court is known as the guardian of the constitution.]]>
<![CDATA[Legal Standing of Courier Expedition That Sends Narcotics Without Knowledge ]]>
<![CDATA[Yeffris Arya Dirgantara]]>;
<![CDATA[Priambodo Adi Wibowo]]>;
<![CDATA[Sri Anggraini Kusuma Dewi]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v20i4.265
<![CDATA[This research aims to determine the legal position regarding expedition couriers who send narcotics without any element of knowledge. This research method uses normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a philosophical sense. juridical. The result of an expedition courier accidentally sending narcotics, without knowing the contents of the package he sent, has the potential to obtain legal protection in certain situations. The relevant principle of criminal law is that a person cannot be convicted without an element of guilt (mens rea) or malicious intent. ]]>
<![CDATA[Criminal Punishment For Perpetrators of Group Fighting Criminal Acts ]]>
<![CDATA[M. Fahmi Ardiansyah]]>;
<![CDATA[M. Hidayat]]>;
<![CDATA[Adies Kadir]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v20i4.266
<![CDATA[The aim of the research is to determine the implementation of Article 170 paragraph (2) 1 of the Criminal Code concerning criminal acts involving joint forces committing violence against people resulting in injuries at the Surabaya District Court. The research method used is normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a juridical philosophical sense. Result The judge's basis for consideration in handing down a decision against the perpetrator of the criminal act of group fighting based on the study of Decision Number: 411/Pid.B/2022/PN Sby is 5 (five), namely: (a). based on the prosecutor's indictment; (b). based on evidence at trial (both witness evidence, letters and the defendant's statement); (c). based on articles in the Criminal Code and Criminal Procedure Code; (d). based on legal facts revealed at trial; (e). based on the circumstances that led to the crime.]]>
<![CDATA[Fulfillment of Voting Rights for Persons with Disabilities in General Elections in Indonesia ]]>
<![CDATA[Habib Anwar]]>;
<![CDATA[Moh Saleh]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v20i4.267
<![CDATA[Human rights are fundamental rights inherent in every individual because of their existence as human beings and are based on their dignity. Fulfillment of the right to vote for people with disabilities in general elections is a concrete form of respect for political rights that are universal, inalienable, and guaranteed in national and international law. This study aims to analyze the legal regulations related to the fulfillment of voting rights for people with disabilities in Indonesia and evaluate their compliance with human rights principles. The problems raised in this study include how these legal regulations are formulated in laws and regulations, and to what extent their implementation has fulfilled the principles of non-discrimination and equality. This study uses a normative legal method with a statutory and conceptual approach. The statutory approach is used to examine regulations such as Law Number 8 of 2016, Law Number 7 of 2017, and other implementing regulations, while the conceptual approach is used to explore the principles and legal doctrines related to political rights for people with disabilities. The research results are expected to provide concrete recommendations in formulating more inclusive and equitable policies, in order to support the realization of an election system that guarantees equal political rights for all citizens without discrimination.]]>
<![CDATA[The Resolution of Legal Disputes Regarding Administrative Violations During the Campaign Stage of Regional Head Elections Based on Law Number 7 of 2017 on General Elections ]]>
<![CDATA[Agnes Visca Hemaskesuma Widodo]]>;
<![CDATA[Moh Saleh]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v20i4.268
<![CDATA[Regional Head Election is one part of democracy and is a locomotive to carry out the mandate of reform where the people's power reaches to elect their Regional Head. However, the election of regional heads is rife with fraudulent practices, from money politics to disputes over results. So far, the focus of the spotlight on general election violations has been more on criminal sanctions, even though general elections are inseparable from administrative law. Then to what extent is the role of the organizing institution, especially election supervisors, to follow up on violations of the Regional Head Election. The duplication of handling administrative violations by the KPU and Bawaslu also needs to be improved. The KPU regulation, which states that the KPU is the reporter and reported party for alleged administrative violations, sounds strange, although it can be interpreted that this is a consequence of internal supervision at various levels between superiors and subordinates. Based on the description above, what is the action for administrative violations of the General Election, then related to the legal issues discussed in this study, namely how to identify administrative violations at the campaign stage of the Regional Head Election and what are the duties and authorities of the provincial election supervisory body regarding the resolution of administrative violations at the campaign stage of the Regional Head Election. Method The type of research used is normative research, and the data source from primary data is collected through literature studies and based on other legal books.]]>
<![CDATA[Resolution of Multiple Certificates By The National Land Agency (BPN) of Pamekasan District In Prevention of Land Mafia ]]>
<![CDATA[Rokhman]]>;
<![CDATA[Iwan Permadi]]>;
<![CDATA[Supriyadi]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v20i4.270
<![CDATA[Land mafia is still a serious threat in Indonesia, including in Pamekasan Regency, where the need for land is increasing rapidly. This study aims to examine the role of the National Land Agency (BPN) in resolving dual certificate disputes which are often the modus operandi of land mafia. The study uses a normative legal method with a descriptive analytical approach, as well as data collection through literature studies and legal documents. The results show that land mafia exploits weaknesses in land administration, especially in issuing fake documents and falsifying dual certificates. The Ministry of Agrarian Affairs and Spatial Planning/BPN has formed policies and an Anti-Land Mafia Task Force to prevent and eradicate this practice. However, the success of handling this problem requires cross-sector coordination and consistent law enforcement. In an effort to eradicate dual certificates from land mafia practices, the Ministry of ATR/BPN has made written regulations, namely Technical Instructions for the Prevention of Eradication of Land Mafia Number: 01/JUKNIS/D.VII/2018. In addition, the Ministry of ATR/BPN also formed a Land Mafia Task Force Team in order to eradicate land mafia practices that have the potential to cause double certificates based on bad faith. This study is expected to provide input for improving land law policies, in order to ensure justice and legal certainty for the community.]]>
<![CDATA[Legal Implications of The Regulation of Material Legal Norms in A Supreme Court Regulation (PERMA) ]]>
<![CDATA[Wahyu Iswantoro]]>;
<![CDATA[Tunggul Anshari Setia Negara]]>;
<![CDATA[Aan Eko Widiarto]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v20i4.271
<![CDATA[Apart from being the authority of the DPR and the President, the 1945 Constitution of the Republic of Indonesia also gives authority to judicial institutions such as the Supreme Court to make or form regulations. Whereas following Article 79 Paragraph (1) of the Supreme Court Law, the authority to regulate the Supreme Court is limited to supplementing procedural law, however, in its development, several PERMAs such as PERMA 2/2012 regulate the content of material legal norms and are externally binding, which should be regulated at the level law and becomes the authority of lawmakers (legislative act). The main issue that is important to research is what are the legal implications of regulating material legal norms in a PERMA. Under the problems raised, this research is doctrinal research also known as normative research. The approaches used are a statutory approach and a conceptual approach. Based on the results of this research, there are 2 (two) legal implications of regulating material legal norms in a PERMA, namely: Overlapping Material Content of Legal Norms and the Unclear Position of PERMA in the Hierarchy of Legislative Regulations. As a result of these three legal implications, law enforcement officials as a legal structure will be unsure whether to follow PERMA as a statutory regulation that is aligned with the law or whether to ignore it.]]>
<![CDATA[Legal Power of Electronic Evidence in Proving Criminal Cases Based on the 2023 Criminal Code ]]>
<![CDATA[Dwiki Pernandes Sembiring]]>;
<![CDATA[Kartina Pakpahan]]>;
<![CDATA[Elvira Fitriyani Pakpahan]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v20i4.277
<![CDATA[E-commerce is a trade transaction that allows buying and selling without having to meet directly between the seller and the buyer. This trading system requires a strong sense of trust between one another, between the seller and the buyer. Recognition of electronic evidence as evidence that can be submitted to court and recognized as valid as evidence, has been carried out since 1977 through the Company Documents Law which stipulates that microfilm containing a recording of a company's documents can be submitted as evidence in court if a lawsuit arises later. According to the Company Documents Law, electronic document evidence is part of written evidence, while the Corruption Law explicitly explains that electronic information and electronic documents are an extension of indicative evidence. Because electronic mail in the form of electronic information or electronic documents has been recognized as one of the valid evidence in special crimes outside the Criminal Code in line with valid evidence in Article 184 of the Criminal Procedure Code is a new type of evidence, it is hoped that investigators, prosecutors, legal advisors and judges have an understanding of this electronic evidence. In the examination of criminal cases, it is expected that the judge in imposing a sentence based on two valid pieces of evidence and the judge obtains the conviction that the defendant is guilty of committing a crime, then the judge must impose the maximum sentence according to the prosecutor's demands, so that the defendant is deterred and the sense of justice of the community is fulfilled.]]>
