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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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Analysis of Priority Criteria In Offering Special Mining Business Permit Areas (WIUPK) To Religious Community Organizations Firlia Nurani Rakhma; Hanif Nur Widhiyanti; Tri Sulistiowarni
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March In Progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.342

Abstract

This study examines the legal implications and urgency of setting priority criteria for the offering of Special Mining Business License Areas (WIUPK) to Religious Community Organization-Owned Enterprises (BU-OMK) as stipulated in Article 83A of Law Number 3 of 2020 and Article 75 of Government Regulation Number 96 of 2021. The main focus of the study lies in the lack of norms governing priority parameters, including aspects of feasibility, operational capacity, and verification mechanisms for BU-OMK. Using a normative juridical method based on analysis of laws and regulations and the principles of good mining governance, this study finds that this lack of regulation creates legal uncertainty and opens up broad scope for interpretation for decision-makers. As a result, there is potential for unequal treatment, conflicts of interest, and abuse of power in the process of granting WIUPK. This study also shows that giving priority to BU-OMK is a form of positive discriminatory policy (affirmative discrimination) that is theoretically justifiable, as long as it is implemented through a proportional, objective, and accountable mechanism. However, without clear priority criteria-including legality of the business entity, financial capability, technical capacity, environmental protection assurance, and governance integrity—this policy risks inefficiency and potential irregularities, including the use of BU-OMK as intermediaries for certain interests (beneficial ownership risks). Therefore, this study emphasizes the need for the establishment of comprehensive, auditable derivative regulations that align with the principles of government administrative law to ensure the effectiveness, accountability, and sustainability of the WIUPK bidding policy.
Legal Protection of Workers In Employment Termination Disputes Without Judicial Review Notodiguno; Budi Santoso; Sugeng Santoso PN
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March In Progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.344

Abstract

This study examines legal uncertainty in the resolution of employment termination disputes resulting from the absence of regulation on the extraordinary legal remedy of judicial review (Peninjauan Kembali) under Law Number 2 of 2004 on the Settlement of Industrial Relations Disputes. The research gap lies in the lack of normative analysis explaining the legal rationale and implications of excluding judicial review, despite its recognition in general civil procedural law and judicial practice. This study offers novelty by conceptualizing the exclusion of judicial review as a deliberate legislative policy to ensure finality and expedited dispute resolution in industrial relations. Employing a normative legal research method with statutory and conceptual approaches, the study finds that positioning cassation as the final and binding legal remedy is intended to provide legal certainty and prevent prolonged disputes. Legal protection for workers is achieved when cassation decisions consistently deliver clear legal reasoning and definitive rulings on the fulfillment of workers’ normative rights. Accordingly, consistent treatment of cassation as the ultimate legal remedy is essential to ensuring legal certainty and effective legal protection in employment termination disputes.
Legal and Criminological Analysis of Cryptocurrency Money Laundering in Supreme Court Cassation Decision Aria Perkasa Utama; Setiawan Noerdajasakti; Fachrizal Afandi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March In Progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.345

Abstract

The development of financial technology through blockchain-based crypto assets has given rise to new patterns of economic crime, particularly money laundering offenses. The decentralized, anonymous, and cross-jurisdictional characteristics of crypto assets make them an effective means of concealing the illicit origin of criminal proceeds. Within the national legal framework, the regulation of money laundering under Law Number 8 of 2010 has not explicitly accommodated crypto asset transactions, resulting in normative gaps and legal uncertainty. These issues are reflected in the Supreme Court of the Republic of Indonesia Cassation Decision Number 2029 K/Pid.Sus/2023 concerning Indra Kesuma, also known as Indra Kenz. This study aims to analyze the legal reasoning underlying judicial decisions in money laundering cases involving crypto asset-based schemes and to formulate regulatory reform of money laundering laws based on a cyber criminology approach. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that judges adopted a progressive interpretation of Article 1 paragraph (1), Article 3, and Article 4 of the Anti-Money Laundering Law by qualifying crypto assets as proceeds of crime. The cyber criminology approach underscores the necessity of digital evidentiary systems and a comprehensive understanding of blockchain technology. Furthermore, existing regulations remain inadequate, necessitating normative reform that includes the definition of crypto assets, obligations for reporting suspicious transactions, and the integration of on-chain Know Your Customer (KYC) mechanisms to ensure legal certainty and effective law enforcement.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.346

Abstract

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.
Physical And Sensory Disabilities: Legal Certainty And Justice In The Notary Profession Tiara Maharani; M. Hamidi Masykur; Arini Jauharoh
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March In Progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.348

Abstract

This study examines the legal issues regarding the requirements for appointment as a Notary as regulated in Article 3 of the Notary Law (UUJN), with a focus on the regulation of physical and sensory disabilities. The background of this study is the incompleteness of norms in the UUJN which has the potential to cause legal uncertainty and discriminatory practices against persons with disabilities, both at the stage of appointing a Notary and against Notaries who experience life events that cause physical and/or sensory disabilities. The UUJN requires Notaries to be physically and mentally healthy, but does not provide explicit regulations regarding the limits and parameters of such health in relation to disabilities. This study aims to analyze the concept of physical and sensory disabilities in relation to the implementation of the Notary's authority and obligations and to formulate an ideal form of regulation to realize legal certainty and justice for all citizens. The research method used is normative legal research with a statutory approach and a conceptual approach. The analysis is carried out systematically and grammatically against the UUJN, the Health Law, the Law on Persons with Disabilities, and the Human Rights Law, and is based on the theory of legal certainty and dignified justice. The research results indicate that the requirement for physical health must be interpreted functionally, focusing on a person's ability to perform the duties of a notary, rather than on absolute physical condition. An analysis of the notary's authority and obligations indicates that upper locomotor and sensory functions play an essential role, while lower locomotor functions are not decisive. Therefore, this study proposes amendments to Article 3 of the UUJN by adding norms that recognize the ability to perform the position with or without reasonable accommodation, including the use of assistive technology. Furthermore, it is necessary to regulate leave procedures, functional assessments, and evaluations for notaries who experience disabilities after being appointed.
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.

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