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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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The Impact of the KPK Law Revision on Prosecutorial Authority Moch Ridwan Affandi; Siti Marwiyah; Vieta Imelda Cornelis
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.v21i4.350

Abstract

Corruption is an extraordinary crime that has far-reaching impacts on state finances, the legal system, and public trust. In combating corruption, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi/KPK) and the Public Prosecutor’s Office (Kejaksaan) play strategic roles, particularly in the prosecution of corruption cases. However, the amendment of Law Number 30 of 2002 into Law Number 19 of 2019 on the Corruption Eradication Commission has brought significant changes to the institutional position and authority of the KPK, affecting its relationship with the Prosecutor’s Office. This study aims to analyze the policies of the KPK and the Prosecutor’s Office in regulating prosecutorial authority and to examine the implications of the amendment to the KPK Law for the effectiveness of corruption law enforcement in Indonesia. This research employs an empirical legal research method using statutory, conceptual, and empirical approaches through interviews, observation, and literature review. The findings indicate that the amendment to the KPK Law has strengthened coordination and oversight mechanisms, but at the same time has posed challenges to the independence and speed of prosecution. Therefore, the effectiveness of corruption eradication after the amendment largely depends on strengthening institutional synergy, clarifying the division of authority, and ensuring consistency in prosecutorial policies between the KPK and the Prosecutor’s Office.
Presidential Authority to Grant Abolition under the 1945 Constitution of Indonesia Hendra Vranata; Siti Marwiyah; Fathul Hamdani
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.v21i4.351

Abstract

This study aims to analyze the President’s authority to grant abolition as regulated under Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia and to examine its implications for the rule of law and the principle of checks and balances within the Indonesian constitutional system. Abolition constitutes a distinctive form of state clemency because it terminates criminal prosecution prior to a final court judgment, thereby directly intersecting with judicial independence. This research employs a normative juridical method using statutory, conceptual, and case approaches, with the granting of abolition to Tom Lembong serving as a case study. The results show that, normatively, the President’s authority to grant abolition is constitutionally valid; however, the absence of comprehensive statutory regulation creates legal uncertainty and weakens normative safeguards. Furthermore, the findings reveal that the supervisory role of the House of Representatives tends to function procedurally rather than substantively, thereby reducing the effectiveness of the checks and balances mechanism. Accordingly, this study concludes that strengthening the normative framework and oversight mechanisms is essential to ensure that the exercise of abolition remains consistent with the rule of law, substantive justice, and the independence of Indonesia’s criminal justice system.
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.

Page 30 of 30 | Total Record : 293

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