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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 311 Documents
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Juridical Implication of Restorative Justice On Prosecutorial Authority In Penal Mediation I Gde Putu Prema Dhananjaya; Milda Istiqomah; Abdul Madjid
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.367

Abstract

The development of criminal law in Indonesia shows a paradigm shift from a retributive approach to a restorative approach that emphasizes the restoration of victims' losses, the responsibility of perpetrators, and the restoration of social relations. This shift is marked by the presence of a Restorative Justice mechanism in the National Criminal Procedure Code (KUHAP), which can be implemented from the investigation, inquiry, prosecution, to trial. On the other hand, the Prosecutor's Office Law has previously authorized Prosecutors to conduct Penal Mediation as a form of out-of-court criminal case resolution. This condition raises legal issues in the form of potential overlapping authority, dualism in case resolution mechanisms, and unclear relationships between Restorative Justice and Penal Mediation in the national criminal justice system. This research uses a normative legal method with a statutory, conceptual, and systematic approach. Primary legal materials consist of laws and regulations related to the National Criminal Procedure Code, the Prosecutor's Office Law, and other relevant provisions, while secondary legal materials are obtained from literature, journals, and legal doctrine. The research findings indicate that the presence of Restorative Justice mechanisms strengthens the humanist orientation in law enforcement, but simultaneously demands harmonization of norms so that the Prosecutor's authority in Penal Mediation maintains legal certainty. Penal Mediation is essentially a special instrument within the Restorative Justice framework that can be optimized at the prosecution stage. Going forward, regulatory reform is needed that clarifies the limits of authority, implementation procedures, case criteria, and legal consequences of restorative resolution to create an effective, simple, and just criminal justice system.
Legal Review of The Criminal Act of Child Molestery Falihah Qomala; Bastianto Nugroho; Sri Anggraini K. Dewi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.369

Abstract

The aim of this research is to determine the application of material criminal law to cases of ongoing child abuse in decision Number 1271/Pid.Sus/2020/PT Sby. This research method is normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a juridical philosophical sense. Results: Efforts to protect against identity reporting through mass media and to avoid labeling, providing safety guarantees for victim witnesses and expert witnesses, both physical, mental and social and providing accessibility to obtain information regarding case developments as well as support from the government or related institutions as well as from community members and those closest to them, case assistance from case examination to trial from the Women and Child Protection (PPA) unit and the social department.
Criminal Responsibility For Perpetrators of Skimming Crime Abdur Rohim; Mohammad Roesli; Supolo Setyo Wibowo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.370

Abstract

The purpose of this research isCriminal Responsibility for Perpetrators of Skimming Crimes, a qualitative-descriptive research method that produces analytical descriptive data stated by respondents in writing or verbally as well as real behavior, which is researched and studied as a whole. Basic Results of Judge's Considerations in determining the guilt of the perpetrator of skimming crimes in case Number 11/Pid.Sus/2022/PN. Psr. using Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions as amended and supplemented by Law of the Republic of Indonesia Number 19 of 2016 concerning amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions Article 30 Paragraph 2 (two) Jo. Article 46 Paragraph 2 (two) Jo Article 55 Paragraph 1 point 1 of the Criminal Code, the judge uses legal and non-legal considerations. With his legal considerations.
Regulation of the Limits of Authority of a Notary Undergoing Detention Without Temporary Suspension Anggie Natasia Theis; Alfons Zakharia; Fathul Laila
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.368

Abstract

Existing studies on notarial authority in Indonesia, such as analyses of the Law on Notarial Office (UUJN), have addressed general supervisory mechanisms and temporary suspensions but overlook the critical transitional period when a Notary faces detention (e.g., house arrest or city detention) without formal suspension. This gap leaves unresolved tensions between a Notary's persisting administrative authority and factual restrictions on liberty, potentially undermining the independence, objectivity, and validity of authentic deeds core to their role as public officials producing instruments with full evidentiary force. Addressing this novelty, this study analyzes the urgency of regulating limits on a detained Notary's authority who has not yet been temporarily suspended and formulates a regulatory model to ensure legal certainty and public protection. Employing a normative legal method with statutory and conceptual approaches, the research reveals that UUJN and its regulations lack operational boundaries for this scenario: normatively, authority persists, yet factually it cannot be exercised optimally, breeding legal uncertainty. The proposed model innovatively differentiates administrative status from functional eligibility, mandating temporary transfer of authority to a Substitute Notary.
Incomplete Sanctions for the Non-Procedural Transfer of Non-Public Village Treasury Land Adinda Salma Rachmantya; Hamidi Masykur; Supriyadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.371

Abstract

This study aims to analyze the regulatory gap concerning sanctions in the transfer of village treasury land for non-public purposes that are not conducted in accordance with procedures under Minister of Home Affairs Regulation No. 3 of 2024, and to formulate an ideal sanction framework to ensure legal certainty and the protection of village assets. This research employs a normative juridical method with statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials, and analyzed descriptively. The findings indicate that although the regulation provides more detailed procedures for the transfer of village treasury land, there is still a normative gap regarding firm sanctions for procedural violations. This condition weakens legal enforceability, creates opportunities for abuse of authority, and generates legal uncertainty in practice, as reflected in the case of Pandanlandung Village. Therefore, a reconstruction of sanction arrangements is required, encompassing administrative, civil, and criminal classifications, along with an integrated law enforcement mechanism. Such regulation is expected to enhance regulatory effectiveness, strengthen the protection of village assets, and ensure legal certainty in the management of village treasury land.
Criminal Penalties For Asset Confiscation In Corruption Cases: A Due Process Model Perspective Yanda, Gatra Setya El; Yuliati; Fachrizal Affandi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.372

Abstract

Corruption is an extraordinary crime that causes state financial losses and hinders national development. Therefore, its handling is not sufficient only through the main punishment of imprisonment and fines, but also through the recovery of state assets. This study aims to analyze the construction of the criminal confiscation penalty as a substitute for state losses in corruption cases in Indonesia and the mechanism for imposing additional penalties of confiscation of assets based on the due process model. The research method used is normative juridical legal research with a statutory approach, a conceptual approach, and a case approach. Primary legal materials in the form of laws and regulations, court decisions, and secondary legal materials in the form of literature and scientific journals were analyzed qualitatively. The results of the study indicate that the criminal confiscation penalty is an additional penalty that has a strategic function to eliminate profits from crime, recover state losses, and provide a deterrent effect to perpetrators of corruption. The legal basis is found in the Corruption Eradication Law which allows for the confiscation of assets from corruption and other assets belonging to convicts to pay compensation. The mechanism for imposing additional penalties of asset confiscation must be implemented through the stages of investigation, prosecution, trial examination, judge's decision, and execution in a legal, proportional, and accountable manner. The due process model approach demands protection of the rights of the accused and third parties acting in good faith, so that asset confiscation is not carried out arbitrarily. Therefore, additional penalties of asset confiscation become an effective instrument in eradicating corruption when implemented based on the principles of legality, justice, proportionality, and legal certainty.
Implementation of Client-Entrusted Payment of the Duty on the Acquisition of Land and Building Rights to Land Deed Officials Nadia Natashya Amarilis; Djumikasih; R. Imam Rahmat Sjafi’i
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.373

Abstract

This study aims to analyze the practice of depositing and paying the Duty on the Acquisition of Land and Building Rights by clients to Land Deed Officials, to examine the legal basis of the officials’ authority, and to assess the forms of legal liability that arise therefrom. This research employs an empirical juridical method with statutory and conceptual approaches, supported by primary data obtained through field research in Malang City and secondary data derived from primary and secondary legal materials. The results indicate that the practice of fund deposit occurs factually as a form of transactional efficiency; however, it lacks an explicit legal basis in statutory regulations. This condition creates a normative gap that potentially leads to misuse of funds and ambiguity in legal accountability. The novelty of this study lies in affirming a legal construction that such practice is not merely an administrative issue, but also carries multidimensional implications in civil, administrative, and criminal law domains. Furthermore, this study offers an argument for the necessity of reconstructing legal norms that explicitly regulate third-party deposit mechanisms. Therefore, comprehensive regulation is required to ensure legal certainty, protect the parties involved, and maintain the integrity of Land Deed Officials within the land law and taxation system.
Formulation of Asset Confiscation Without Criminal Decision (Non-Conviction Based) Based On The Principle of Due Process of Law Michael Yudhistira Lumban Goal; Abdul Madjid
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.374

Abstract

Asset forfeiture is a strategic legal instrument in the eradication of corruption, particularly for recovering state financial losses. However, asset forfeiture mechanisms that rely on criminal convictions often face various obstacles, such as the complexity of the evidentiary system, the lengthy judicial process, and the perpetrator's ability to conceal or divert assets derived from crime. Therefore, the concept of Non-Conviction Based Asset Forfeiture (NCB) has developed as an alternative legal policy that allows for asset forfeiture without having to wait for a final and binding criminal verdict. This study aims to analyze the NCB concept as a legal policy for asset forfeiture in corruption cases, while also examining the normative weaknesses in the Asset Forfeiture Bill, which currently does not optimally accommodate this principle. The study results indicate that the Asset Forfeiture Bill still has several fundamental weaknesses, including the lack of explicit regulation of the reverse burden of proof mechanism, provisions that open up the opportunity for changes to legal norms through government regulations, and the failure to prioritize asset forfeiture over criminal punishment. These conditions have the potential to reduce the effectiveness of recovering state losses and undermine the primary objective of asset forfeiture. Therefore, a reformulation of asset confiscation legal policy is needed by strengthening the reverse burden of proof, emphasizing compliance with the hierarchy of laws and regulations, and shifting the law enforcement paradigm to prioritize asset recovery. Therefore, the implementation of the NCB concept is expected to be an effective, fair, and progressive legal instrument in supporting the eradication of corruption in Indonesia.
Project Account Regulations In Property Development Preproject Selling System In Indonesia Satriyo Cahyo Bagaskoro; Yenny Eta Widyanti; Djumikasih
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.375

Abstract

This study aims to analyze the weaknesses in legal regulations related to the use of escrow accounts in the pre-project selling system in Indonesia and to formulate an ideal regulatory model based on a comparative approach. The practice of pre-project selling, which has developed through Sales and Purchase Agreements (PPJB), demonstrates an imbalance in the position of consumers and developers, particularly in terms of fund management. The absence of mandatory escrow account use raises the risk of misuse of funds, default, and potential systemic consumer losses. This study uses normative legal research methods with statutory, conceptual, and comparative approaches, comparing the Indonesian legal system with those of Singapore and Saudi Arabia. The results show that Indonesia still relies on a contractual approach (contract-based protection), which is unable to provide optimal legal protection, especially in the preventive aspect. In contrast, Singapore and Saudi Arabia have adopted a regulatory-based protection approach through mandatory escrow account use, fund segregation, progress-based disbursement, and independent oversight. This difference indicates a normative gap that has impacted weak legal certainty and consumer protection in Indonesia. The conclusion of this study emphasizes the need for legal reconstruction through imperative escrow account regulations, accompanied by an integrated oversight mechanism and effective sanctions. This reform is expected to create preventative legal protection, increase transparency and accountability, and strengthen public trust in the property sector.
Concept of Regulating The Mechanism For Deleting Personal Data And Deleting Indexes In Order To Ensure Legal Certainty Anas Rafi Prakasya; Patricia Audrey Ruslijanto; Rachmi Sulistyarini
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.376

Abstract

Digital transformation has accelerated the massive use of personal data in various sectors, including government, business, health, and public services. However, the increasing use of digital systems also raises risks of data breaches, misuse of information, and the persistence of harmful digital footprints. This study analyzes the legal regulation of personal data erasure and de-indexing mechanisms in Indonesia and examines the extent to which these mechanisms provide legal certainty for data subjects and data controllers. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. The study finds that Indonesia has recognized the right to erasure and the right to delisting through the ITE Law, Government Regulation Number 71 of 2019, and Law Number 27 of 2022 concerning Personal Data Protection. Nevertheless, implementation remains problematic due to fragmented regulations, unclear procedural standards, limited institutional oversight, and the absence of comprehensive implementing regulations. Therefore, regulatory harmonization, the establishment of independent supervisory institutions, clear procedural mechanisms, and increased public digital literacy are essential to ensure effective personal data protection and legal certainty in Indonesia.

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