cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Mahrus Ali
Contact Email
sengkomahrus@gmail.com
Phone
-
Journal Mail Official
sengkomahrus@gmail.com
Editorial Address
Faculty of Law Merdeka University Surabaya Jl. Ketintang Madya VII/2 Surabaya
Location
Kota surabaya,
Jawa timur
INDONESIA
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 5 Documents
 1 
Search results for , issue "Vol. 22 No. 1 (2026): June in progress" : 5 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.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2026 2026


Reset
Filter By Issues
All Issue Vol. 22 No. 1 (2026): June in progress Vol. 21 No. 4 (2026): March In Progress Vol. 21 No. 3 (2025): December Vol. 21 No. 2 (2025): September Vol. 21 No. 1 (2025): June Vol. 20 No. 4 (2025): March Vol. 20 No. 3 (2024): December Vol. 20 No. 2 (2024): September Vol. 20 No. 1 (2024): June Vol. 19 No. 4 (2024): March Vol. 19 No. 3 (2023): December Vol. 19 No. 2 (2023): September Vol. 19 No. 1 (2023): June Vol. 18 No. 4 (2023): March Vol. 18 No. 2 (2022): 30 September 2022 Vol. 18 No. 3 (2022): December Vol. 18 No. 1 (2022): June Vol. 17 No. 4 (2022): March Vol. 17 No. 3 (2021): December Vol. 17 No. 2 (2021): September Vol. 17 No. 1 (2021): Juni Vol. 16 No. 4 (2021): March Vol. 16 No. 3 (2020): Desember Vol. 16 No. 2 (2020): September Vol. 16 No. 1 (2020): Juni Vol. 15 No. 2 (2020): March Vol. 14 No. 1 (2019): September Vol. 13 No. 2 (2019): March Vol. 12 No. 1 (2018): September Vol. 11 No. 2 (2018): March Vol. 10 No. 1 (2017): September More Issue