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YURISDIKSI : Jurnal Wacana Hukum dan Sains
Published by Universitas Merdeka Surabaya
ISSN : 20866852     EISSN : 25985892     DOI : -
Core Subject : Health, Social,
Health Professions Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 12 Documents
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Search results for , issue "Vol. 21 No. 1 (2025): June" : 12 Documents clear
The Authority of the Police in Detention Viewed from the Principle of Presumption of Innocence in the Indonesian Criminal Justice System Mohammad Yusuf Effendy; Miftakhul Huda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.174

Abstract

The authority of the police to conduct detention in Indonesia is strictly governed by positive law, particularly the Criminal Procedure Code (KUHAP) and the Law on the Indonesian National Police. Detention is a temporary deprivation of liberty against a suspect to ensure the integrity of legal proceedings, prevent flight, destruction of evidence, or recidivism. Police may detain individuals suspected of crimes punishable by at least five years’ imprisonment, but such authority requires judicial approval and must comply with the principles of legality, proportionality, and respect for human rights as outlined in relevant regulations. Detention procedures must align with the presumption of innocence, ensuring that suspects are not treated as guilty prior to a final court decision. KUHAP mandates strict time limits and judicial oversight, while suspects retain key rights including legal assistance, the right to be informed of the reasons for detention, and the right to challenge the legality of detention through pretrial motions. Abuse of detention authority can be curtailed through mechanisms such as detention suspension requests, pretrial reviews, internal police supervision, and external oversight institutions. These measures are crucial to maintaining accountability, preventing arbitrary detention, and upholding the fundamental rights of individuals within the criminal justice system.
Reconstruction of Legal Arrangements of Fiduciary Guarantees Reviewing Effectiveness In Leasing Practices Suris, Nabila; Maimuna; Fina Ainun Jazilah; Husni Mubarok; Ahmad Musadad
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.273

Abstract

This article examines the reconstruction of the regulation of fiduciary security rights in order to improve the effectiveness of implementation and legal protection of collateral objects, especially in leasing practices in Indonesia. This research is motivated by various problems in the field, such as non-compliance of leasing companies in registering fiduciary guarantees, unilateral execution without a fiduciary certificate, and unlawful forced withdrawal of vehicles when the debtor defaults. In fact, registration of fiduciary guarantees is very important because it provides executorial power and gives birth to property rights attached to the principles of droit de suite, droit de preference, specialty, and publicity. Through a normative juridical approach by analyzing the applicable regulations and case studies in the field, this research finds that the weak compliance of business actors and the lack of government supervision are the main factors for the low effectiveness of the implementation of fiduciary guarantees in leasing. Therefore, it is necessary to reconstruct legal arrangements that emphasize the obligation to register fiduciary guarantees and strengthen fair execution mechanisms, in order to create balanced legal protection between creditors and debtors. In addition, education for the public and strengthening supervision from relevant authorities are important steps so that the implementation of fiduciary in leasing runs according to the principles of justice and legal certainty.
State Responsibility In Providing Compensation To Victims of Gross Human Rights Violations Fakhruzy, Agung; Krisnadi Nasution; Ahmad Sholikhin; Frans Simangunsong
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.286

Abstract

The philosophical basis for providing compensation lies in the state's responsibility for its failure to prevent crimes. From a juridical perspective, Article 35 of Law Number 26 of 2000 on the Human Rights Court indicates that the provision of compensation is still dependent on a court decision. As such, even when gross human rights violations have occurred and victims are identified, if the accused is not proven guilty in court, they cannot be held accountable for providing compensation to the victims. This situation has the potential to create a vertical normative conflict with Article 28 of the 1945 Constitution, particularly regarding fundamental human rights that must be fulfilled by the state. This study aims to examine the principles and the role of the state in providing compensation to victims of gross human rights violations. It employs a normative legal research method with a conceptual and philosophical approach, and data collection is carried out through literature review and legal document analysis. The research findings show that the principle of state responsibility in providing compensation to victims of gross human rights violations must be grounded in the Universal Declaration of Human Rights (UDHR), the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, and the International Covenant on Civil and Political Rights (ICCPR).
Reformulation of The Regulations Regarding Changes In The Status of Individual Companies To Capital Partnership Companies With Legal Certainty Natasha Graciela Hastika; Djumikasih; Fathul Laila
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.287

Abstract

Indonesia's national economic recovery requires increased competitiveness of business actors, including through the development of regulations for establishing business entities. The Job Creation Law and Government Regulation No. 8 of 2021 introduced the concept of an Individual Limited Liability Company (PT) which allows the establishment of a PT by one person without a notarial deed, for micro and small business actors. However, the change in status of an Individual PT to a capital partnership PT must be carried out with a notarial deed, which creates legal uncertainty and challenges in implementing the regulation. In addition, the lack of socialization and education regarding the regulation of Individual PTs has resulted in low understanding among business actors. This study uses a normative legal method with a statutory, conceptual, and historical approach, as well as an analysis of grammatical and systematic interpretation of primary, secondary, and tertiary legal materials. Through interviews with notaries, this study examines the legal consequences of the deed of change of status of an Individual PT and provides recommendations to clarify future legal norms in changing the status of an individual company to a capital partnership. It is hoped that the research results can support the implementation of more effective individual PT regulations, provide legal certainty for business actors, and strengthen the contribution of MSMEs to national economic growth
Analysis of Inventory As An Object of  Fiduciary Security In Credit Agreements Juridical Philosophical And Sociological Review Happy Trizna Wijaya; Made Warka; Krisnadi Nasution
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.288

Abstract

The development of the global economy is progressing rapidly in line with the dynamics of globalization. To support economic activities, large amounts of capital are required that are quick and easy to access. One of the ways to obtain such funds is by applying for credit through financial institutions. In the credit application process, collateral or security is typically required to guarantee the debt. One such object of fiduciary security is inventory. Inventory is a type of movable property that can serve as fiduciary collateral. This study aims to examine the concept of inventory as fiduciary collateral and to analyze its philosophical, juridical, and sociological foundations. The findings indicate that inventory, as fiduciary collateral, may include raw materials, goods in process, and finished goods. Philosophically, this type of collateral is based on a relationship of trust between creditor and debtor, particularly regarding the repayment of debt as agreed upon using the specified collateral.Juridically, the use of inventory as fiduciary collateral is regulated under Law Number 42 of 1999 concerning Fiduciary Security, specifically in the Elucidation of Article 6 letter c. The unique characteristic of inventory lies in its dynamic and transferable nature, which results in the principle of droit de suite (right of pursuit) not being applicable. This is further emphasized in Articles 20 through 24 of the Fiduciary Security Law. Sociologically, fiduciary security agreements involving inventory contribute positively to economic activities within society and support the realization of equitable, prosperous, and just welfare.
The Authority of Judicial Orders of the Constitutional Court A Study of Legal Construction and Separation of Powers in Indonesia Ramdhani, Syafiq; Negara, Tunggul Anshari Setia; Susmayanti, Riana
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.289

Abstract

This study discusses the authority of judicial orders issued by the Constitutional Court in the context of legal construction and the principle of separation of powers in Indonesia. Judicial orders, as a concrete form of the expansion of the role of the judiciary, play an important role in filling legal gaps and ensuring the implementation of the Constitution, especially when the executive and legislative branches fail to fulfill their obligations. This study employs a normative legal approach with three analytical methods: a statutory approach, a case study of Constitutional Court decisions, and a conceptual approach to relevant legal theories. The findings indicate that judicial orders in Indonesia are not supported by a strong implementation framework, unlike practices in other countries such as India, Colombia, South Africa, Austria, and Germany, which are more progressive in regulating and supervising the implementation of judicial orders. The Indonesian Constitutional Court tends to issue declaratory or conditional rulings, but effective follow-up mechanisms do not accompany these. Therefore, this study recommends reformulating rulings to be more operational, establishing an implementation oversight unit, and adopting a continuing mandamus model for strategic issues as part of efforts to strengthen the role of the Constitutional Court in upholding constitutional supremacy and substantive justice in a constitutional democracy.
Legal Politics of Sea Sand Mining Governance From The Perspective of Blue Economy Pritasari, Amalia Zulfa; Rachmad Safa’at; Indah Dwi Qurbani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.291

Abstract

The governance of marine sand mining in Indonesia has been controversial since the issuance of Government Regulation No. 26 of 2023 concerning the Management of Sedimentation in the Sea. The discourse on the blue economy in coastal development has been used as the basis for the government to implement governance regulations for coastal and marine areas. The type of research used is legal-normative research employing two approaches: the legal approach and the conceptual approach. The results of this study indicate that the legal policy on the management of marine sand mining does not reflect rules that align with democratic principles. This is evidenced by the fact that the process of making the regulation was not conducted transparently and involved minimal public participation. Based on this, there are two alternative recommendations that can be chosen to address the issue: revising the parts that do not reflect a commitment to the greatest prosperity of the people or implementing a moratorium on policies related to the management of marine sand mining, so that marine sand mining is not reintroduced as it was in 2002. Furthermore, moving forward, the government needs to be more prudent in determining political considerations that are consistently aligned with the principles of the blue economy.
Implementation of The Obligation To Hold Annual Members Meetings of Cooperatives In Gianyar Regency Nuraiti, Ni Kadek; Amelia Sri Kusuma Dewi; Fathul Laila
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.292

Abstract

Although the number of cooperatives continues to increase, challenges such as weak management, lack of training, and lack of professionalism of the supervisory body still hamper the development of cooperatives. In Gianyar Regency, many cooperatives do not hold RATs, resulting in violations of the Cooperative Law and Permenkop Number 19 of 2015 which requires a RAT at least once a year. Data from 2024 shows that 210 of the 877 active cooperatives in Gianyar did not hold a RAT. This study aims to identify deviations and their impacts as well as the responsibility of management for not holding a RAT. The implementation of the Annual Members Meeting (RAT) of cooperatives in Gianyar Regency is still ineffective due to weak internalization of legal norms, low awareness of management and members, and structural, technical, and cultural obstacles. This ineffectiveness shows that cooperative legal regulations are not optimal due to a lack of commitment and a strong legal culture. To overcome this, it is necessary to strengthen supervision by the Cooperative Service, technical training, development of digital systems, reformulation of educational sanctions, and increasing the internal capacity of cooperatives. With synergy between the government, cooperatives, and the community, the RAT can become a culture of democratic and accountable governance in accordance with legal and cooperative values.
Philosophy of Justice In The Shadow of Plurality A Feminist Interpretation of Legal Inequality Towards Women Fitria Wildasari; Sidik Sunaryo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.294

Abstract

This article explores the critical relationship between justice, feminist jurisprudence, and legal pluralism in the context of Indonesia's multilayered legal system. While classical legal philosophy particularly Aristotelian thought has long conceptualized justice in terms of distributive and corrective fairness, such frameworks often fall short in addressing systemic gender inequality. In societies marked by legal pluralism, including Indonesia, women remain structurally marginalized within state law, customary law, and religious law. This study examines how feminist jurisprudence provides an alternative lens for reinterpreting justice by centering the lived experiences of women and exposing patriarchal power structures embedded in legal institutions. Feminist jurisprudence challenges the presumed neutrality of law, revealing its complications in reinforcing male dominance and silencing women's voices. In the plural legal landscape of Indonesia, patriarchal norms are often preserved through the state's accommodation of discriminatory practices under the guidance of respecting cultural traditions or religious autonomy. Customary inheritance laws, the positioning of women in marriage, and religious family law disproportionately disadvantage women. Despite formal legal reforms such as the enactment of the Domestic Violence Law and the Sexual Violence Law, implementation remains hindered by institutional gender bias and cultural resistance. By integrating feminist legal theory into the discourse on justice, this paper advocates a shift from formal equality to substantive, transformative justice. Legal pluralism, rather than being a neutral space of cultural expression, must be critically interrogated to prevent the legitimization of systemic gender oppression. Ultimately, the article argues that feminist jurisprudence offers both a theoretical and practical pathway for reconstructing inclusive legal systems that uphold the rights and dignity of women in pluralistic societies.  
Fulfilment of Accessibility Rights For Persons With Disabilities In Class IIA Correctional Institutions In Parepare City Yunus, Muhammad Kemal; Purwanda, Sunardi; Saputra, Iswandy Rani; Sabir, Muhammad; Kairuddin, Kairuddin
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.295

Abstract

This study aims to analyze the implementation of accessibility rights fulfillment for inmates with disabilities at the Class IIA Correctional Institution in Parepare City. Persons with disabilities are a vulnerable group requiring special treatment in accordance with human rights principles and national regulations, such as Law Number 8 of 2016 concerning Persons with Disabilities and Law Number 22 of 2022 concerning Corrections. This research employs a normative-empirical method with a statutory and social approach through literature study, observation, and direct interviews with prison officials and inmates with disabilities. The results show that the Class IIA Correctional Institution in Parepare has taken significant steps to fulfill accessibility rights, such as providing special shuttle services, rooms with sitting toilets, separation of inmates with disabilities, intensive care, and wheelchair facilities. In addition, there is collaboration with the Health Office, Ministry of Social Affairs, and other agencies to support optimal services. However, there are still shortcomings, such as the unavailability of hearing aids for inmates with hearing impairments. In general, the Class IIA Correctional Institution in Parepare demonstrates a commitment to providing inclusive and non-discriminatory services, including the right to interact with other inmates. These findings highlight the importance of continuous improvement to create a disability-friendly correctional environment.

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