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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 293 Documents
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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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.312

Abstract

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 Obligation of Sharia Certification For Notaries In The Preparation of Financing Contract Deeds In Islamic Banking Maulida, Siti Anisa
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.314

Abstract

This study discusses the urgency and regulation of sharia certification obligations for notaries who make financing agreements in Islamic banking in Indonesia. The main problem arises because there is no legal norm that regulates notary sharia certification, thus creating a legal vacuum (rechtsvacuum) which has an impact on legal uncertainty, low legitimacy of deeds, potential disputes, and the risk of violating sharia principles such as the prohibition of usury, gharar, and maysir. This study formulates two main problems: (1) the urgency of regulating the obligation of notaries to have sharia certificates in making sharia financing agreements, and (2) the design of sharia certification regulations for notaries in order to increase sharia compliance in financing agreements in Islamic banking. The research method used is normative juridical with a statutory, conceptual, and comparative legal approach, based on primary, secondary, and tertiary legal materials. The results of the study indicate that notary sharia certification is very important to ensure the conformity of deeds with sharia principles and positive law. The necessary regulations must include a comprehensive curriculum containing Islamic legal principles, fatwas from the National Sharia Council (DSN-MUI), national regulations, and structured education and competency testing. Furthermore, a regular monitoring and evaluation mechanism by the Sharia Supervisory Board (DPS) is necessary to maintain professional standards and Sharia compliance. Comparison with practices in other countries, particularly Turkey, demonstrates the need for Indonesia to adopt more stringent and systematic regulations. This study recommends the establishment of formal regulations regarding mandatory Sharia notary certification, an integrated certification and supervision body, the implementation of training and competency testing, and optimizing the role of the DPS in overseeing Sharia compliance.
Formulation For Resolution of Partial Or Complete Overlapping of Mining Business Permit Areas Sihaloho, Meylin; Indah Dwi Qurbani; Venny Indria
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.316

Abstract

Mineral and coal mining plays a strategic role in national development because it contributes to economic growth, energy security, and increased state revenue. However, this sector still faces serious problems in the form of overlapping Mining Business Permit Areas (WIUP), which give rise to legal uncertainty, conflicts of interest, and inefficient natural resource governance. Overlapping permits arise from a weak licensing administration system, regulatory disharmony, and a lack of coordination between central and regional government agencies. This situation has implications for disrupting the investment climate, declining business confidence, and reducing state revenue from the mining sector. As a normative response, Law Number 2 of 2025, specifically Article 171B, regulates the authority of the Central Government to evaluate and revoke Mining Business Permits (IUP) that experience overlap in part or all of their areas. This policy is a strategic step to reorganize licensing and ensure legal certainty in accordance with the mandate of Article 33 of the 1945 Constitution. However, its implementation faces challenges in the form of limited integrated spatial data, a weak national mining information system, and the absence of a standard mechanism for resolving overlapping permit disputes. This study uses a normative juridical method with a statutory, conceptual, and case approach to analyze the urgency and formulation of regulations for resolving overlapping WIUPs. The results of the study indicate that derivative regulations are needed in the form of comprehensive, systematic, and applicable Government Regulations to regulate the evaluation, revocation, and dispute resolution mechanisms in a transparent manner. Thus, clear and integrated regulations are not only able to create legal certainty and justice, but also ensure the utilization of mineral and coal resources for the greatest prosperity of the people.

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