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.
Articles
293 Documents
<![CDATA[The Principle of Fault In Absolute Responsibility For Environmental Crimes (Study of Decision Number 107/PDT.G/Lh/2019/PN JMB) ]]>
<![CDATA[Fitria Wildasari]]>;
<![CDATA[Tongat]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i3.317
<![CDATA[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).]]>
<![CDATA[The Legal Safeguards For Buyers of Land Acquired Through Debt Settlement (Study of Decision Number 12/Pdt.G/2018/PN.Btl) ]]>
<![CDATA[Ramdhan, Syaffi' Rangga Raditya]]>;
<![CDATA[Rachmi Sulistyarini]]>;
<![CDATA[Dyah Ayu Wisnuwardhani]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i3.318
<![CDATA[Legal protection for good-faith land buyers is a fundamental aspect in maintaining the balance between justice, legal certainty, and benefit in the Indonesian civil law system. Problems often arise when the land being traded is previously involved in a debt-to-credit relationship, thus giving rise to potential disputes between creditors and buyers. This article aims to analyze the forms of legal protection for good-faith buyers based on the provisions of the Civil Code, the Basic Agrarian Law, and various Supreme Court jurisprudential decisions. The analysis results show that good-faith buyers receive legal protection in three forms: preventive, repressive, and normative. Preventive protection is realized through land administration mechanisms such as the preparation of a sale and purchase deed by a Land Deed Official (PPAT) and land registration at the land office. Repressive protection is provided through a court decision rejecting a third-party lawsuit if it is proven that the buyer has acted in good faith. Meanwhile, normative protection stems from the principles of good faith, the principle of legal certainty, and the doctrine of justice applicable in Indonesian civil law. Thus, the existence of this legal protection not only guarantees ownership rights for buyers in good faith, but also strengthens public trust in the national land law and governance system.]]>
<![CDATA[Regulations On Proofing Marriage Announcement As A Requirement For Catholic Divorce In Indonesia ]]>
<![CDATA[Zamiatun, Arda]]>;
<![CDATA[Rachmi Sulistyarini]]>;
<![CDATA[Nur Chanifah]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i3.319
<![CDATA[This study examines the urgency of the annulment letter in the Catholic divorce system in Indonesia as a legal instrument that plays a crucial role in bridging the gap between civil law and the canon law of the Catholic Church. The annulment letter serves not only as an administrative document but also as proof of the legality of the annulment of marriage, determining the validity of the marriage sacrament according to Church law. This study found that the lack of clear regulations regarding the recognition and verification of annulment letters in district courts can lead to legal uncertainty and conflict over the dual status between civil and canonical recognition. The annulment process in the Catholic Church itself is a pastoral judicial mechanism that assesses the validity of a marriage based on the norms of faith and canon law, with stages including filing, examining evidence, and a tribunal decision. This study emphasizes the importance of synchronizing the results of the ecclesiastical tribunal process with the national legal system to ensure justice, legal certainty, and the protection of the rights of Catholics. A comparative approach to the legal systems of other countries shows that the integration of the results of religious tribunal decisions into the national legal system can be achieved through transparent and measurable administrative mechanisms. Thus, the regulation of proof and recognition of annulment letters in Indonesian national law is expected to realize harmonization between religious law and state law, while strengthening legal, spiritual, and social protection for Catholic couples.]]>
<![CDATA[Legal Certainty In The Provision of Free Notarial Services For The Underprivileged ]]>
<![CDATA[Syaid, Ishma Safira]]>;
<![CDATA[Djumikasih]]>;
<![CDATA[Trie Sulistiowarni]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i3.320
<![CDATA[This study aims to analyze the legal consequences of incomplete norms governing the obligation to provide free notarial services by notaries to the underprivileged as stipulated in Article 37 of the Notary Law (UUJN). This provision actually reflects the social function of the notary office in ensuring access to justice. However, Article 37 of the UUJN does not yet contain clear parameters regarding the criteria for the underprivileged, the types of notarial services that must be provided, or the financing mechanism. This study uses a normative legal research method with a statutory, comparative, and conceptual approach. The results show that the incomplete norms in Article 37 of the UUJN create legal uncertainty. Based on previous field research, there are differences in the implementation of the obligation to provide free notarial services among notaries for the underprivileged. A comparative study with Law Number 16 of 2011 concerning Legal Aid and Government Regulations related to its implementation shows that the legal aid system has a more comprehensive legal framework, including parameters for beneficiaries, types of services provided, and financing mechanisms from the state. Therefore, it is necessary to establish implementing regulations or technical guidelines that detail the obligation to provide free notarial services, as explained above. This normative reconstruction is crucial to ensuring legal certainty for notaries and the beneficiary community.]]>
<![CDATA[Criminal Law Formulation Policy Regarding Payment of Money In Substitution For Criminal Acts of Corruption From The Perspective of Dignified Justice ]]>
<![CDATA[Ni'Am, M. Khoirun]]>;
<![CDATA[Prija Djatmika]]>;
<![CDATA[Abdul Madjid]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i3.321
<![CDATA[Corruption is an extraordinary crime that remains a serious problem in Indonesia despite the implementation of various regulations such as Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. One important instrument in recovering state losses due to corruption is the penalty of replacement money. However, in practice, the application of replacement money as an additional penalty has not been effective due to legal and technical obstacles, such as the difficulty of tracking assets, weak coordination between law enforcement agencies, and the absence of a consistent execution mechanism. This study aims to analyze the legal implications of criminal law formulation policies related to the regulation of replacement money and to formulate a direction for criminal law reform based on the concept of dignified justice. This study uses a normative legal research method with a statutory, case, and conceptual approach. The analysis is conducted prescriptively through grammatical and systematic interpretation of laws and regulations, doctrine, and judicial practice. The results show that the regulation of replacement money as an additional penalty does not reflect substantive justice because it emphasizes the retributive aspect rather than the restorative aspect. Legal reform is needed by making compensation a primary punishment so that the primary objective of punishment is to restore state losses. The dignified justice approach positions humans as moral subjects responsible for redressing public losses, in line with the values of Pancasila. Therefore, this reformulation is expected to create a more just, humane, and socially just criminal legal system.]]>
<![CDATA[Legal Analysis of Individual Companies in Supporting the Development of Micro and Small Enterprises in Indonesia ]]>
<![CDATA[Ullia]]>;
<![CDATA[Mohammad Roesli]]>;
<![CDATA[Sri Anggraini Kusuma Dewi]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i2.324
<![CDATA[This research aims to analyze the legal aspects of individual companies in supporting the development of micro and small enterprises (UMK) in Indonesia. Individual companies, which were introduced through Law Number 11 of 2020 concerning Job Creation and have been amended by Law Number 6 of 2023, offer convenience for MSEs in establishing legal entities. However, individual companies still face various legal obstacles that can hinder their effectiveness. This research identifies and evaluates these obstacles, including lack of clarity in regulations, conflicts of interest, and issues of owner responsibility and accountability. Through legal and conceptual approaches, this research examines the legal barriers of individual companies to the development of MSEs and provides recommendations for overcoming existing barriers. It is hoped that the findings from this research can contribute to the development of a legal framework that is more supportive for individual companies in order to advance MSEs in Indonesia.]]>
<![CDATA[Civil Law: Inheritance Law According To The Civil Code ]]>
<![CDATA[Sulistyani Eka Lestari]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i2.327
<![CDATA[Inheritance law is an important part of civil law that regulates the transfer of a person's assets after death to their heirs. In the Indonesian legal system, there are three applicable inheritance laws: Western civil inheritance law (KUHPerdata), Islamic inheritance law, and customary inheritance law. This article discusses inheritance law according toCivil Code(Civil Code) which is a legacy of Dutch law and is still in effect today. Research purposesThis study aims to analyze the inheritance law provisions in the Civil Code, explain the applicable inheritance principles and principles, and outline the status of heirs and the inheritance distribution mechanism based on positive law provisions. This research is expected to contribute to the development of civil law and serve as a reference in the practice of resolving inheritance disputes in Indonesia.This study uses a normative approach by analyzing provisions in the Civil Code and legal doctrines from experts. The analysis shows that the civil inheritance law system emphasizes the principles of individualism, freedom of will, and protection of the rights of certain heirs through legitimate institutions.]]>
<![CDATA[Business Licensing Obligations for E-Commerce under Government Regulation No. 80/2019 ]]>
<![CDATA[Achmad Haekal]]>;
<![CDATA[Sudarsono]]>;
<![CDATA[Shinta Hadiyantina]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i3.330
<![CDATA[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.]]>
<![CDATA[The Urgency of Obligation To Establish A Legal Entity For Foreign Over-The-Top (OTT) Service In Indonesia ]]>
<![CDATA[Ibadi, Mohamad]]>;
<![CDATA[Sukarmi]]>;
<![CDATA[Ruslijanto, Patricia Audrey]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i3.331
<![CDATA[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.]]>
<![CDATA[Execution of Restitution for Child Victims of Criminal Acts (A Study at the Grobogan District Prosecutor’s Office) ]]>
<![CDATA[Thesa Tamara Sanyoto]]>;
<![CDATA[Abdul Rachmad Budiono]]>;
<![CDATA[Fachrizal Afandi]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v21i3.337
<![CDATA[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.]]>
