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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Paradigm Transformation in Land Area of Plantation Cultivation Right from Agrarian Basic Law to Job Creation Law
wicaksono, setiawan;
Imam Koeswahyono;
Iwan Permadi;
Hanif Nur Widhiyanti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia
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DOI: 10.55173/yurisdiksi.v21i3.312
The regulation of land area for plantation cultivation rights (Hak Guna Usaha/HGU) has changed from 1960 to 2023. Paradigm theory is one of the theories that examines why and what reasons lie behind written regulations. When legal changes occur, a paradigm shift also takes place. This article addresses the issue of what paradigm is used to determine the land area for plantation cultivation rights in several laws and whether a paradigm shift has occurred. A normative research method is chosen to examine the provisions regarding the land area of cultivation rights in four laws. The analysis uses a systematic, conceptual, and historical approach. This study shows a shift in paradigm in the granting of cultivation rights, particularly from 1960, which emphasized social justice, to 2023, which prioritizes economic interests.
The Principle of Fault In Absolute Responsibility For Environmental Crimes (Study of Decision Number 107/PDT.G/Lh/2019/PN JMB)
Fitria Wildasari;
Tongat
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia
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DOI: 10.55173/yurisdiksi.v21i3.317
The environment holds an important position in the Indonesian legal system as stipulated in Article 28H paragraph (1) and Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia, which guarantees the right to a good and healthy environment. However, the increasing number of corporate activities that cause environmental pollution and damage raises fundamental issues related to criminal liability. Classical criminal law adheres to the principle of fault (mens rea), namely that a person can only be punished if they have intent (dolus) or negligence (culpa). The application of this principle becomes problematic when the perpetrator is a corporation that does not have an inner will like humans. To address this, Law Number 32 of 2009 concerning Environmental Protection and Management introduced the principle of strict liability, which allows for criminal punishment without proving the element of fault if environmental pollution or damage is proven to have occurred. This study analyzes the application of the principle of fault and the principle of strict liability in the Jambi District Court Decision Number 107/Pdt.G/LH/2019/PN Jmb using a juridical-normative method with a statutory and case approach. The study's findings indicate that the application of strict liability in the decision reflects a paradigm shift in environmental criminal law from a fault-based model to a system of accountability oriented toward ecological protection. While this principle strengthens the victim's position and the effectiveness of environmental law, it has also generated debate because it potentially undermines the principle of geen straf zonder schuld (no crime without fault).
Business Licensing Obligations for E-Commerce under Government Regulation No. 80/2019
Achmad Haekal;
Sudarsono;
Shinta Hadiyantina
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia
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DOI: 10.55173/yurisdiksi.v21i3.330
This study examines the discrepancy between das sollen and das sein regarding the obligation to register a business license as mandated in Article 15(1) of Government Regulation Number 80 of 2019. Although the regulation requires all business actors to register their licenses with the Central Government, its implementation in Malang City remains ineffective. Of approximately 85,200 MSMEs, only about 22,000 had obtained official licenses by 2024. The study addresses two issues: (1) the factors contributing to the low compliance of micro-enterprise actors with licensing requirements, and (2) the legal implications for those operating without a business license. Using a socio-legal method with a juridical-sociological approach, the research relies on primary and secondary data collected through fieldwork and literature study. The sample consists of 13 respondents and 2 key informants, analyzed qualitatively. The findings reveal that the main cause of ineffective implementation is the low level of legal awareness and knowledge among micro-enterprise actors. Eight respondents were unaware of the obligation to register with the Disnaker PMPTSP of Malang City, while five respondents were aware but had not complied. This demonstrates that regulatory implementation has not been optimal. The legal implications for non-compliant business actors include the loss of legal validity of their operations and the potential imposition of administrative sanctions under applicable laws.
The Urgency of Obligation To Establish A Legal Entity For Foreign Over-The-Top (OTT) Service In Indonesia
Ibadi, Mohamad;
Sukarmi;
Ruslijanto, Patricia Audrey
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia
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DOI: 10.55173/yurisdiksi.v21i3.331
This study evaluates the effectiveness and legal urgency of requiring foreign Over-the-Top (OTT) service providers to establish a legal entity in Indonesia. The existing regulatory framework—comprising the Income Tax Law, the Harmonization of Tax Regulations Law, and Circular Letter No. 3/2016—remains limited and has not fully adapted to digital economic realities, particularly the principle of significant economic presence. Using a normative juridical method combined with Economic Analysis of Law, this study finds that foreign OTT operations have created legal uncertainty due to regulatory fragmentation, lack of physical presence requirements, and weak enforceability. Comparative analysis with the U.S. economic nexus model demonstrates the need for Indonesia to shift towards digital presence–based taxation. The study concludes that harmonizing tax, communications, and trade regulations—supported by risk‑based and adaptive digital governance—is essential to strengthening fiscal justice, consumer protection, and national digital sovereignty.
Execution of Restitution for Child Victims of Criminal Acts (A Study at the Grobogan District Prosecutor’s Office)
Thesa Tamara Sanyoto;
Abdul Rachmad Budiono;
Fachrizal Afandi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia
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DOI: 10.55173/yurisdiksi.v21i3.337
This study aims to analyze the regulatory framework and implementation of restitution enforcement for child victims of criminal acts, with specific emphasis on the authority of Public Prosecutors at the Grobogan District Prosecutor’s Office. Restitution is a fundamental right granted to victims under the Child Protection Law and Law Number 12 of 2022 concerning Sexual Violence Crimes, designed to restore the material and immaterial losses suffered by children due to criminal acts. The law establishes the perpetrator’s responsibility to provide restitution and allows substitute imprisonment when the payment obligation is not fulfilled. This research applies a socio-legal methodology by integrating normative legal analysis with empirical examination of how restitution is implemented in practice. Such an approach allows the researcher to assess the compatibility between legal norms and their actual enforcement in safeguarding child victims’ rights. The findings reveal persistent challenges in restitution execution, including complicated procedures for filing applications with the Witness and Victim Protection Agency (LPSK), strict evidentiary requirements, limited victim awareness, and the absence of detailed technical guidelines for asset seizure to guarantee payment. When perpetrators fail to compensate, state-funded compensation is necessary to uphold victim protection. Therefore, strengthening restorative justice principles, enhancing coordination among law enforcement institutions, and ensuring clearer execution mechanisms are essential to guarantee legal certainty and fulfillment of restitution rights within Indonesia’s criminal justice system.
The Food Mafia as Food Cartels under Competition Law:An Analysis of KPPU Decisions in the Staple Food Sector
Tanudjaja;
Arief Budiman;
Golkar Pangarso Rahardjo Winarsadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia
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DOI: 10.55173/yurisdiksi.v21i3.338
The term food mafia is a popular expression that refers to the control of supply chains and prices of essential food commodities by a coordinated group of business actors. From the perspective of competition law in Indonesia, this practice closely resembles the structure and behavior of a cartel, which is clearly prohibited under Law Number 5 of 1999. This article examines the extent to which food mafia practices can be classified as food cartels within the legal framework of competition law, and how the Business Competition Supervisory Commission (KPPU) has proven and addressed these practices in its decisions. Using a normative juridical method with a legal and case study approach, this research focuses on two major decisions: Number 24 KPPU I 2009 on the cooking oil cartel and Number 05 KPPU I 2013 on garlic importation. The analysis shows that food mafia practices can be legally framed as cartels when evidence of agreement or coordinated conduct among business actors is established. However, complex regulations and limited evidentiary tools pose challenges for law enforcement. The study concludes that the cartel framework is important for explaining the food mafia phenomenon, but its effectiveness depends on the strength of economic and legal proof built by KPPU, as well as more coherent regulations to support consumer protection and food security.
Case Dismissal on Public Interest Grounds in Criminal Offenses Involving Medical-Use Cannabis
Septiawan Ridho Permadi;
Milda Istiqomah;
Fachrizal Afandi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia
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DOI: 10.55173/yurisdiksi.v21i3.339
The authority of the Attorney General to dismiss cases (seponeering) under Article 35 paragraph (1) letter c of Law Number 11 of 2021 represents the application of the opportunity principle in prosecution for the sake of public interest. The development of international research and policies, including the 2020 WHO recommendation concerning the medical and economic potential of cannabis, has created an urgent need to reform law enforcement policies regarding narcotic crimes involving cannabis for medical purposes. This study aims to assess the implementation of the opportunity principle in the context of protecting the public interest in the right to health as guaranteed under Articles 28A and 28H of the 1945 Constitution. The research employs a normative legal method with statutory and conceptual approaches by analyzing prosecutorial regulations, narcotics law, and doctrines of public interest and social justice. The findings indicate that the opportunity principle is a fundamental principle in controlling prosecution that must prioritize public benefit, non-discrimination, and the protection of citizens' constitutional rights. The application of seponeering in cases involving medical cannabis is justified as long as it is grounded in public health benefits, economic potential, and the broader interests of society. This study recommends the establishment of transparent prosecutorial guidelines in assessing public interest, enhanced inter-agency coordination in medical cannabis research, and harmonization of narcotics policies to ensure that the implementation of the opportunity principle is not influenced by political interests but truly serves as an instrument of social justice.
Customs Law Enforcement on Exports and Imports: An Empirical Study in Indonesia
Arkam Musa;
Sunardi Purwanda;
Muhammad Darwis;
Muhammad Sabir;
Muhammad Akbar Fhad Syahril
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia
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DOI: 10.55173/yurisdiksi.v21i3.346
Law enforcement in the field of customs is an important element in maintaining the country's fiscal interests and economic sovereignty. This study aims to analyze the effectiveness of customs law enforcement in export and import activities, identify the factors contributing to export–import smuggling, and examine the preventive and repressive measures implemented by customs authorities. This article combines a normative legal approach with empirical support sourced from the Directorate General of Customs and Excise (DJBC) and the Parepare Customs and Excise Supervision and Service Office (KPPBC). The focus of the research includes the effectiveness of customs law enforcement, the factors causing the smuggling of export-import goods, and the preventive and repressive strategies applied. The results of the analysis confirm that although the legal framework is relatively comprehensive, implementation challenges—including limited institutional capacity, extensive territorial waters, and a low culture of compliance—hinder the effectiveness of law enforcement. Recommendations include strengthening human resources, implementing risk management, increasing inter-agency cooperation, and enhancing efforts to recover state losses.