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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. 22 No. 1 (2026): June in progress" : 12 Documents clear
Legal Analysis of Amendments To Marital Property Separation Agreements In Civil Law Perspective Calysta Dwiayu Wisnu Putri; Djumikasih; Wilamarta, Stephanie
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.349

Abstract

Marital property separation agreements are governed by Article 29 of Law Number 1 of 1974 on Marriage and Articles 139–148 of the Indonesian Civil Code, which originally restricted their execution to the period prior to marriage. The issuance of Constitutional Court Decision Number 69/PUU-XIII/2015, however, permits postnuptial amendments with court approval, thereby generating legal uncertainty regarding the legal status of marital assets and inconsistencies in judicial decisions. This study aims to examine the legal status of joint property acquired prior to the amendment of a marital agreement following the Constitutional Court’s decision and to analyze the legal implications of amendments or annulments of marital agreements on the position and distribution of marital property. This research employs a normative juridical method with statutory, conceptual, and case approaches, conducted through library research of primary legal materials, including marriage legislation, the Civil Code, and relevant court decisions, as well as secondary and tertiary legal materials. The data are analyzed qualitatively using a descriptive-analytical approach. The results indicate that marital property acquired prior to the amendment of a marital agreement is subject to prospective application and does not have retroactive effect, thereby maintaining its original legal status in accordance with the principle of legal certainty. Furthermore, the study underscores the necessity of implementing regulations to ensure uniformity in notarial and judicial practices and to promote distributive and corrective justice.
Notary's Prudence Duty Effectiveness in Indonesian Financing Deeds: BPRS Rifat Case Salma Nur Azizah; Reka Dewantara; Dewi Iryani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.352

Abstract

Marital property separation agreements are governed by Article 29 of Law Number 1 of 1974 on Marriage and Articles 139–148 of the Indonesian Civil Code, which originally restricted their execution to the period prior to marriage. The issuance of Constitutional Court Decision Number 69/PUU-XIII/2015, however, permits postnuptial amendments with court approval, thereby generating legal uncertainty regarding the legal status of marital assets and inconsistencies in judicial decisions. This study aims to examine the legal status of joint property acquired prior to the amendment of a marital agreement following the Constitutional Court’s decision and to analyze the legal implications of amendments or annulments of marital agreements on the position and distribution of marital property. This research employs a normative juridical method with statutory, conceptual, and case approaches, conducted through library research of primary legal materials, including marriage legislation, the Civil Code, and relevant court decisions, as well as secondary and tertiary legal materials. The data are analyzed qualitatively using a descriptive-analytical approach. The results indicate that marital property acquired prior to the amendment of a marital agreement is subject to prospective application and does not have retroactive effect, thereby maintaining its original legal status in accordance with the principle of legal certainty. Furthermore, the study underscores the necessity of implementing regulations to ensure uniformity in notarial and judicial practices and to promote distributive and corrective justice.
Reformulation of Article 412 Law Number 1 of 2023on Cohabitation from a Legal Certainty Perspective Imera Azzahra Alivia; Prija Djatmika; Nurini Aprilianda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.353

Abstract

The criminalization of cohabitation under Article 412 paragraphs (1) and (2) of Law Number 1 of 2023 on the National Criminal Code raises significant juridical concerns, particularly with regard to legal certainty and proportionality. This study focuses on examining the juridical implications arising from the formulation of Article 412 and on proposing an ideal regulatory framework for the criminal offense of cohabitation in Indonesia in the future. Employing a normative juridical research method with statutory and conceptual approaches, this research analyzes the consequences of ambiguous legal formulations, especially the vague elements of “living together as husband and wife outside marriage,” the complaint-based nature of the offense, and the unclear limitation of eligible complainants. The findings indicate that these weaknesses undermine the principle of lex certa, create risks of multiple interpretations, and potentially lead to selective criminalization and violations of legal certainty. Furthermore, the study argues that such deficiencies place Article 412 within the category of a voidable norm that may be subject to constitutional review. Accordingly, this research proposes a reformulation of Article 412 by clarifying and operationalizing the elements of the offense, restricting the scope of complaint-based prosecution, and explicitly defining the age limits of child complainants, in order to ensure legal certainty, proportionality, and the protection of human rights.
Legal Protection of Female Workers Through Marriage Agreements In Ponorogo Regency Dody Syahrul Irawan; Abdul Rachmad Budiono; Rachmi Sulistyarini
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.354

Abstract

Ponorogo Regency is one of the regions sending a significant number of female migrant workers (TKW), reaching 30,793 in the 2022–2024 period. The high number of Indonesian migrant workers (PMI) is correlated with the increase in divorce cases at the Ponorogo Religious Court, particularly divorce cases filed by wives. This situation raises legal issues, particularly regarding the division of joint assets, which often disadvantage migrant workers as the economically dominant party during the marriage. This study aims to analyze the urgency of a prenuptial agreement as an instrument of legal protection for migrant workers from a notarial law perspective. The research method used is empirical juridical with a statutory approach and field interviews. Normatively, the provisions of Law Number 1 of 1974 concerning Marriage, which were expanded through Constitutional Court Decision Number 69/PUU-XIII/2015, have provided legal space for couples to enter into a prenuptial agreement before and during the marriage. However, research results indicate that the implementation of prenuptial agreements in Ponorogo remains low due to limited legal literacy, inadequate outreach, and cultural barriers that view such agreements as a sign of mistrust. Therefore, prenuptial agreements are urgently needed as a preventative measure to ensure legal certainty, justice, and the protection of migrant workers' assets, as well as to minimize joint property disputes in divorce. (Law No. 1 of 1974).
Workers’ Rights In Bankrupt Companies Budi Santoso; Suwardi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.355

Abstract

Corporate bankruptcy is a legal condition that directly affects the continuity of employment relationships between employers and workers/laborers. In practice, workers often find themselves in a weak position when a company is declared bankrupt, particularly regarding the fulfillment of normative rights such as wages, severance pay, and employment social security. Although statutory regulations grant workers a special status as preferred creditors, the implementation of these rights frequently encounters various legal and administrative obstacles. This situation creates legal uncertainty and potential injustice for workers/laborers. This study aims to analyze the legal protection of workers’ rights in companies declared bankrupt, as well as the legal standing of workers in bankruptcy proceedings under the applicable laws and regulations. The research method used is normative juridical research with statutory, conceptual, and case approaches. The findings show that although workers are positioned as preferred creditors, in practice workers’ rights are often not optimally fulfilled due to conflicts of interest with other creditors and the limited value of the bankruptcy estate. Therefore, stronger regulations and consistent law enforcement are needed to ensure fair protection of workers’ rights.
Resolution of Insurance Disputes from Defective Consent After Constitutional Court Decision Jiwangga, Asa Prayoga; Subekti; Ernu Widodo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.356

Abstract

Human life is inseparable from concerns regarding the welfare of family members left behind after the death of the primary breadwinner. Insurance has become an integral part of modern human life, serving to maintain life balance and ensure the economic stability of families when the breadwinner passes away. The presence of life insurance is expected to provide financial protection so that the surviving family members may continue to live in adequate conditions. One of the fundamental principles in insurance law is the principle of utmost good faith. Therefore, consumers, in this case the insured, are required to disclose information fully and accurately. Failure to do so previously entitled the insurer to unilaterally cancel the insurance contract in accordance with Article 251 of the Commercial Code. However, the Constitutional Court of Indonesia, through Decision Number 83/PUU-XII/2024, declared that Article 251 of the Commercial Code is contrary to the 1945 Constitution of the Republic of Indonesia and therefore has no binding legal force. Accordingly, the legal issue examined in this study concerns how disputes arising from defects of consent committed by the insured should be resolved following the Constitutional Court Decision Number 83/PUU-XXII/2024. This research employs a normative legal research method. The study concludes that insurers may still cancel an insurance agreement if a defect of consent committed by the insured is proven, by filing a tort claim based on an unlawful act before the District Court.
Third-Party Binding of Prenuptial Deeds After Decision 69/PUU-XIII/2015 Ade Furota Husna; Abdul Rachmad Budiono; KRA MJ Widijatmoko
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.359

Abstract

This study examines the legal meaning of the phrase "...approved by the marriage registrar or notary" in Article 29 paragraph (1) of Law Number 1 of 1974 on Marriage following the Constitutional Court Decision Number 69/PUU-XIII/2015, and analyzes the binding force of notarial deeds of marriage agreements against third parties. The research employs a doctrinal legal research method through library research, utilizing statute and conceptual approaches, with primary legal materials including the Civil Code, Marriage Law, Notary Position Law, and the Constitutional Court decision, supplemented by secondary materials such as legal literature, journals, and court rulings, analyzed descriptively and prescriptively via systematic and grammatical interpretation. Findings reveal that "approval" by a marriage registrar (Civil Registry Office) or notary constitutes a formal administrative act fulfilling publicity principles, where notaries achieve this through authentic deeds, notarization, legalization, or waarmerking of private documents, inherently providing perfect evidentiary power under Article 1868 and 1870 of the Civil Code without requiring subsequent registration. However, inconsistencies arise from implementing regulations like Circulars from the Directorate General of Civil Administration and Islamic Guidance, which mandate reporting to registrars, creating norm conflicts and judicial inconsistencies as seen in rulings such as High Court Decision 50/Pdt/2021/PT SMG (recognizing validity) versus Batam Religious Court 1718/Pdt.G/2021/PA.BTM (denying binding effect). The notarial deed possesses full binding force against third parties upon approval, grounded in progressive law theory prioritizing substantive justice, legal certainty, and preventive protection, though enhanced publicity via AHU Online registration is recommended to resolve practical ambiguities and ensure uniform enforcement.
Certainty of Determining Heirs of Different Religions And Implications In Preparing An Inheritance Certificate Sevira Eka Nur Salsabila; Abdul Rachmad Budiono; Rachmi Sulistyarini
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.360

Abstract

This study aims to analyze the legal certainty in determining heirs of different religions and its implications in the issuance of a Certificate of Inheritance (SKW) in the Indonesian legal system. The problem of interfaith inheritance creates a dilemma between the normative provisions of Islamic inheritance law that prohibit inheritance between parties of different religions and the demands of justice in a pluralistic society. Normatively, the Compilation of Islamic Law emphasizes that religious differences are a barrier to inheritance, so that non-Muslim heirs do not have the right to inherit from Muslim heirs. However, in judicial practice, the Supreme Court through its jurisprudence provides a solution through the mechanism of mandatory wills to bridge the tension between legal certainty and substantive justice. This study uses a normative juridical research method with a statutory regulatory approach and a case approach, particularly through an analysis of court decisions related to interfaith inheritance. The results of the study indicate that the certainty of determining heirs of different religions is not only determined by written legal norms, but also by the development of jurisprudence that provides legal protection for non-Muslim heirs through mandatory wills. The implications of issuing a SKW place notaries in a limited position, namely, merely formalizing legal facts based on court rulings and not having the authority to determine the status of heirs. Therefore, notaries are required to exercise prudence and ensure that every deed they create complies with applicable law to ensure its legal validity
Rehabilitation of Notary Offices After Cancellation of Dishonorable Dismissal In Protection of Notary Rights Nisrina Putri Rizkya Nugroho; Arif Zainudin; R. Imam Rahmat Sjafi'i
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.361

Abstract

Indonesia, as a country governed by the rule of law, places law as the foundation for governance and the protection of citizens' rights. In ensuring legal certainty for various legal acts, notaries play a crucial role as public officials authorized to issue authentic deeds. However, in practice, notaries can be subject to administrative sanctions, including dishonorable dismissal, if they violate their obligations and prohibitions as stipulated in laws and regulations. Problems arise when the decision to dishonorably dismiss is subsequently overturned by the court, while the prevailing regulations do not clearly regulate the mechanism for rehabilitation of notaries. This situation creates a legal vacuum that has the potential to lead to legal uncertainty and the failure to protect the rights of injured notaries. This study aims to analyze the legal provisions regarding dishonorable dismissal of notaries and formulate appropriate regulations regarding rehabilitation of notaries upon the cancellation of such dismissal decisions. The research method used is normative legal research with a statutory, conceptual, and case-based approach. The legal materials used include laws and regulations, legal doctrine, and court decisions, particularly Supreme Court Decision Number 294 K/TUN/2021. The research results show that although the Indonesian legal system has provided legal protection mechanisms through administrative remedies and lawsuits to the State Administrative Court, there are no regulations that explicitly regulate the rehabilitation of a Notary's position after the revocation of a dishonorable dismissal decision. Therefore, regulations are needed that explicitly regulate the rehabilitation mechanism for a Notary's position, including restoration of a Notary's good name, reinstatement as a Notary, restoration of the right to practice, and the return of other administrative rights to ensure legal certainty and the protection of Notary's rights.
Civil Liability of Notaries in The Execution of Bank Credit Agreement Deeds Based on Invalid or False Documents Bimo Bimantoro; Sukarmi; Yenny Eta Widyanti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.363

Abstract

This study aims to analyze the limits of a notary’s civil liability in the preparation of banking credit agreement deeds based on materially inaccurate documents, as well as to examine the juridical implications for the validity of authentic deeds and the legal relationships between the parties. The research employs a normative legal method with statutory, conceptual, and case approaches, supported by an analysis of banking regulations, the Civil Code, and the Notary Position Act. The results indicate that, in principle, a notary is only responsible for the formal validity of the deed, insofar as all procedures and statutory requirements have been fulfilled. However, under certain circumstances, a notary may be held civilly liable if proven to have acted negligently, carelessly, or in violation of the duty of prudence. Furthermore, the use of materially inaccurate documents may lead to defects of consent, unlawful acts, and the degradation of the evidentiary strength of an authentic deed into that of a private document. Therefore, it is necessary to establish clearer normative boundaries regarding the extent of material verification by notaries in order to ensure legal certainty and protection for the parties in banking credit practices. This study also emphasizes the importance of harmonizing the prudential banking principle with notarial authority to prevent an imbalance of legal responsibility that may adversely affect financial institutions and the public at large. In addition, it provides normative recommendations to clarify the scope of notarial liability in the future.

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