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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. 2 (2025): September" : 12 Documents clear
Responsibility For Personal Data Protection Niken Arief Rahayuana; Nynda Fatmawati Octarina
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.299

Abstract

This study examines the Indonesian government's legal responsibilities in protecting citizens' personal data, focusing on constitutional, administrative, and criminal aspects. Using normative legal research methods, the analysis incorporates provisions from the 1945 Constitution, the Personal Data Protection Law (UU PDP), and related regulations to evaluate the state's obligations in preventing and addressing data breaches. The findings reveal that personal data protection is a constitutional right under Article 28G(1) of the 1945 Constitution, reinforced by the UU PDP. As data controllers, government institutions bear layered responsibilities including preventive measures, administrative compliance, victim compensation, and constitutional accountability. However, criminal liability only applies to individual officials rather than government institutions as legal entities. Despite existing safeguards, regulatory gaps remain particularly concerning administrative sanctions, compensation mechanisms, and the establishment of an independent oversight body as mandated by the UU PDP. To strengthen data protection, this study recommends: (1) refining implementing regulations; (2) enhancing oversight mechanisms; (3) improving government officials' capacity; (4) increasing public awareness; and (5) fostering international cooperation to address cross-border data violations. These measures are crucial for ensuring effective personal data protection and safeguarding citizens' constitutional rights in the digital age.
Legal Review of The Criminal Act of Defamation Through Writing Frengki Yulianto; Bastianto Nugroho; Sri Anggraini K. Dewi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.300

Abstract

The aim of the research is to determine the application of the law to criminal acts of defamation through writing. The research method is normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a juridical philosophical sense. The basic results of the judge's legal considerations in deciding criminal defamation cases. There are proven facts in the elements of Article 311 paragraph (1) of the Criminal Code, in this case the crime of defamation. There is evidence based on valid evidence as regulated in Article 184 of the Criminal Procedure Code which is proven at trial. Factors that mitigate and aggravate the defendant.
Legal Protection of Land Ownership Rights In Conflicts With The Kendari Forest Area Muhammad Takeshi Yusran; Imam Koeswahyono; Indah Dwi Qurbani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.301

Abstract

This study examines the agrarian conflict in Tanea Village, South Konawe Regency, Southeast Sulawesi, which originated from an overlap between community ownership certificates and claims to protected forest areas based on the Decree of the Minister of Agriculture No. 639/Kpts/Um/9/1982 (TGHK). The designation of forest areas without community involvement has created legal uncertainty, restricted access, and the potential for criminalization of farmers. This study uses a socio-legal method with a sociological juridical approach through a normative review of regulations (UUPA, Forestry Law, PP 23/2021, PP 43/2021, Permen LHK 7/2021, MK Decision No. 34/PUU-IX/2011) as well as an empirical study of rights holders, BPN officials, BPKH, and agrarian-forestry experts. The results show that the conflict was triggered by regulatory disharmony, data asymmetry between agencies, dualism of authority, weak evidence of ownership, and the absence of community participation in determining area boundaries. Legal protection efforts can be pursued preventively through negotiation, mediation, and regulatory boundary change mechanisms, or repressively through lawsuits to the State Administrative Court (PTUN). This research emphasizes the importance of community participation in forest boundary inventory, optimizing the One Map Policy, and synchronizing digital data between agencies to achieve fair and balanced legal certainty for both the community and the state.
Legal Analysis of Illegal Animal Trade In Surabaya Muhammad Faishal Mahdy; M. Hidayat; Priambodo Adi Wibowo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.302

Abstract

The aim of the research is to determine the legal protection for criminal acts in the trade in protected animals in Surabaya. The research method is normative juridical research, namely research that describes in detail the social phenomena that are the main problems in everyday life in relation to the applicable positive criminal law regulations. The results of criminal law enforcement regarding the protection of protected wild animals, especially those that occurred in the Surabaya District Court area with Case Register Number 2451/Pid.B/LH/2023/PN Sby, show efforts to enforce criminal law, namely declaring defendant I MUHAMMAD SOFYAN UMAR, defendant II INDRI SETIAWAN, and defendant II BENI KRISTIANTO have been legally and convincingly proven guilty of committing the criminal act of participating in intentionally keeping and trading in protected animals while alive, guilty and possibly guilty of committing the criminal act of "trafficking in protected animals while alive".
The Effectiveness of The Supervision By The Regional Supervisory Council Over Notaries Based On Article 67 Paragraph (5) of The Notary Office Act Intan Nirmala Ramadhani; Hanif Nur Widhiyanti; Diah Aju Wisnuwardhani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.303

Abstract

This study examines the effectiveness of supervision by the Malang Raya Regional Supervisory Council (MPD) on the behavior and implementation of notary positions based on Article 67 paragraph (5) of the Notary Position Law. The background of the study is that there are still notaries who do not carry out their duties according to the provisions, so that effective supervision is important. The study uses an empirical method (sociolegal) with a legal and conceptual sociology approach, through interviews, observations, and literature studies. The results of the study indicate that supervision by the MPD is normatively in accordance with the rules, but in practice it is not optimal. Limited intensity, the absence of supervisory mechanisms at times, and a focus more on administrative aspects than professional ethics make the effectiveness of supervision low. The main obstacles include the lack of MPD members, the absence of firm sanctions, and low awareness of notaries. As a result, supervision does not fully reflect the principles of accountability, transparency, and the function of professional development. The study concludes that institutional strengthening, consistent enforcement of sanctions, and ethical development are needed to improve notary professionalism.
Right To Restitution For Victims of Human Trafficking Criminal ACTS Widi Purnomo; Bastianto Nugroho; Adies Kadir
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.304

Abstract

The aim is to find out about the Judge's Considerations in Deciding on the Right to Restitution in Decision Number 738/Pid.Sus/2023/Pt Sby) according to Positive Law. The research method used in the research carried out is the Normative Juridical legal research method, also called normative legal research or doctrinal legal research. Results of the Surabaya High Court Decision Number 738/PID.SUS/2023/PT SBY The judge's consideration in granting restitution to the victim was in accordance with the law and justice for the victim.
The Legal Framework Construction For Regulating Non-Judge Mediators Outside The Court Azahra Hajar Gautama; Reka Dewantara; Hamidi Masykur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.308

Abstract

This thesis discusses the basic legal construction of the regulation of non-judgmental mediators outside the court, with a focus on the incompleteness of the regulations in Articles 4, 11, and 36 of Supreme Court Regulation (Perma) No. 1 of 2016. These provisions do not adequately regulate the position, authority, and responsibilities of non-judgmental mediators, thus creating legal uncertainty and potentially weakening the legitimacy of non-litigation mediation results. This study aims to answer two research problems: (1) the urgency of establishing legal regulations regarding non-judgmental mediators outside the court; and (2) the appropriate basic legal construction for the regulation. The research method used is normative juridical with a statutory, conceptual, and comparative approach. The results of the study indicate that the urgency of establishing new regulations lies in the need to guarantee legal certainty, strengthen the position of mediators, and increase the effectiveness of mediation as an alternative dispute resolution. Based on Gustav Radbruch's theory of legal certainty, the current regulations do not fulfill the principle of legal certainty. Therefore, it is necessary to amend Articles 11 and 36 of Perma No. 1 of 2016, which covers the qualifications, legal status, accreditation, supervision, code of ethics, and accountability of non-judge mediators. This construction is based on Singapore's Mediation Act 2017 and analyzed using Maria Farida's legal theory. This proposal is expected to provide legal certainty and strengthen the non-litigation mediation system in Indonesia.
Settlement of Workers’ Entitlements To Other Wage Components In The Event of Corporate Bankruptcy Mochamad Ilham; Budi Santoso; Sugeng Santoso PN
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.309

Abstract

This thesis discusses the rights of workers in bankruptcy situations which have been regulated in the Manpower Law and the Bankruptcy Law, but their implementation still faces obstacles, especially related to the priority order of payments when compared to other creditors. Constitutional Court Decision Number 67/PUU-XI/2013 confirms that the obligation to pay wages to workers must take priority over all other types of creditors, including separatist creditors. This study aims to answer two problem formulations: (1) Are workers who experience termination of employment (PHK) due to the company going bankrupt in their position as preferred creditors entitled to other wages that have not been paid? and (2) How is the mechanism for payment of workers' rights to other wages that have not been paid compared to other creditors in the bankruptcy process. The research method used is normative juridical with a statutory, conceptual, and comparative approach. The results of the study show that workers who experience termination of employment (PHK) due to the company going bankrupt have the position of preferred creditors as regulated in Article 95 paragraph (4) of the Manpower Law and Article 39 paragraph (2) of Law Number 37 of 2004 concerning Bankruptcy and PKPU. This position gives priority rights to workers for payment of wages, including other wages that have not been paid. Thus, workers are entitled to other wages even though the company is in a state of bankruptcy, as long as it is recognized in the list of receivables. In the bankruptcy process, the mechanism for payment of workers' rights takes priority over concurrent creditors, but does not necessarily exclude separatist creditors (holders of property security rights). The order of payment begins with the settlement of bankruptcy costs, then workers' rights, only after that the remaining bankruptcy assets are used to pay separatist and concurrent creditors. With this mechanism, workers obtain legal protection for their wage rights, although in practice there are often obstacles due to the limited value of the available bankruptcy assets.
Legal Certainty in the Granting of Land Rights to Indigenous Law Communities in Coastal Areas Rizky Alif Akbar; I Nyoman Nurjaya; Mohammad Hamidi Masykur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.311

Abstract

The Indonesian Constitution, through Article 18B paragraph (2), Article 28I paragraph (3), and Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, expressly mandates the recognition and respect of indigenous legal communities (MHA) and their traditional rights, and places natural resources under the control of the state for the greatest prosperity of the people. However, current positive legal practices show inconsistencies, particularly in the provisions of Article 22 of the Coastal Areas and Small Islands Law, which has been amended through the Job Creation Law with Article 138 paragraph (4) of Government Regulation Number 21 of 2021. This inconsistency has an impact on legal uncertainty in MHA management areas, the potential for criminalization of coastal indigenous communities, conflicts of authority between ministries, and the neglect of the principle of legal pluralism guaranteed by the constitution. This research uses a normative juridical method with a statutory and conceptual regulatory approach, supported by primary, secondary, and tertiary legal materials that are analyzed prescriptively through systematic and teleological interpretation. The research findings indicate that an ideal formulation of ius constituendum is needed through a paradigm shift in natural resource management from state-based to community-based, automatic recognition of indigenous peoples' (MHA) management areas, legal certainty in the RTRW (Regional Spatial Plan), preventive and repressive legal protection, and the establishment of customary territory management institutions. These regulations are crucial for realizing a national legal system that guarantees legal certainty, substantive justice, social benefits, and the sustainability of coastal ecosystems.
The Scope of Supervision By The Heritage Over The Use of Assets By Persons Under Guardianship Fairuszia Carista Syukroini Putri; Iwan Permadi; Arini Jauharoh
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.313

Abstract

The Estates Office (BHP) is a colonial legacy institution that continues to exist in the Indonesian legal system, with the authority to manage inherited assets, oversee guardianships, and implement trusts. This study aims to analyze the BHP's authority in overseeing trusts, the role of notaries and PPATs in supporting the legality of legal actions, and Limitations on the use of assets by guardians for the benefit of those under guardianship. The method used is socio-legal research with a legal and conceptual sociology approach, through a case study at the Surabaya Legal Trust Agency (BHP). The results of the study indicate that BHP has a strategic role as a supervisory guardian to ensure that the guardian carries out its obligations in accordance with the law, protects the rights of parties who are legally incompetent, and prevents abuse of authority. However, the effectiveness of supervision is still hampered by limited human resources, undigitized administrative infrastructure, difficulties in cross-agency coordination, and legal gaps regarding sanctions for negligent guardians. Concrete cases demonstrate negligence by guardians that impacts the fulfillment of the needs of the custodial party, demonstrating the weakness of existing technical regulations. This study emphasizes the importance of reformulating regulations regarding guardianship, strengthening the capacity of BHP, accelerating digitalization, and optimizing inter-agency cooperation to increase the effectiveness of supervision. Thus, BHP can function optimally as a state instrument in providing substantive legal protection for vulnerable parties, while realizing the principles of legal certainty, justice, and benefit.

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