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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 345 Documents
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Law Enforcement For The Criminal Acts of Desertion Committed By Members of The TNI Jumanto; Mohammad Roesli; Ebit Rudianto; Supolo Setyo Wibowo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.381

Abstract

The purpose of this research is to enforce the law on the crime of desertion committed by members of the Indonesian National Armed Forces (TNI). This research method presents an analysis of the verdict on the crime of desertion. Legal research that analyzes several library and secondary materials is merely normative legal research. Result 2. The implementation of the judge's sentence against the perpetrator in this case is in accordance with the elements of Article 87 paragraph (1) 2 in conjunction with paragraph (2), where the judge has considered both the facts established during the trial, witness testimony and available evidence, as well as the judge's confidence in issuing a verdict that will have a deterrent effect on the defendant and instill fear in the convict and the soldiers.
Implementation of Agrarian Reform On Assets And Equitable Access To Reform In Batu City Nurul Salsabila Hadiyanti; Imam Koeswahyono; Ngesti Dwi Prasetyo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.343

Abstract

Agrarian reform is a strategic state policy aimed at realizing agrarian justice through the restructuring of land control, ownership, use, and utilization accompanied by community empowerment as the subject of agrarian reform. However, the implementation of agrarian reform at the local level, including in Batu City, faces various challenges, particularly in integrating asset reform and access reform as well as pressures arising from land commercialization driven by tourism and investment development. This study aims to analyze the effectiveness of the integration between asset reform and access reform in the implementation of agrarian reform policies in Batu City and to examine the impact of land commercialization on the sustainability of agrarian reform. This research uses a normative juridical method with statutory and conceptual approaches supported by empirical analysis. The legal materials consist of laws and regulations related to agrarian reform, regional policies, and relevant literature, which are analyzed through qualitative legal analysis. The results of this study indicate that the integration between asset reform and access reform in Batu City has not been implemented optimally. The implementation of agrarian reform still tends to focus on asset legalization, while access reform, including economic empowerment, institutional strengthening, and sustainable land tenure protection, has not been systematically implemented. In addition, the increasing commercialization of land through spatial planning policies and investment permits has limited the space for agrarian reform and increased the vulnerability of agrarian communities. Therefore, strengthening local policy strategies, including the reorientation of spatial planning based on agrarian reform, the strengthening of regional regulations, and the integration of agrarian reform with local economic development, is necessary to achieve sustainable and inclusive agrarian reform.
The Regulatory Design of Prosecutors’ Authority in Terminating Narcotics Cases under Restorative Justice Arrum Maryana; Setiawan Noerdajasakti; Milda Istiqomah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.357

Abstract

Narcotics abuse in Indonesia not only generates social and criminological problems but also raises normative challenges within the criminal justice system, particularly concerning the orientation of punishment and the prosecutorial authority of the public prosecutor. Although Law Number 35 of 2009 on Narcotics accommodates a rehabilitative approach for abusers and addicts, law enforcement practices remain dominated by a repressive paradigm that prioritizes imprisonment, thereby creating legal uncertainty. This study aims to analyze the weaknesses in the regulation of prosecutorial authority in the termination of narcotics cases and to formulate a future regulatory design based on restorative justice. The research employs a normative legal method using statutory and conceptual approaches through the examination of primary and secondary legal materials. The findings indicate that Article 65 letter (f) of the Indonesian Criminal Procedure Code remains general in nature, lacks specific juridical parameters for narcotics cases, and has not been harmonized with the Narcotics Law. In addition, the inconsistency of terminology and the elasticity of the provisions in Articles 111 and 112 create room for multiple interpretations. Therefore, a more specific, integrated, and rehabilitation-oriented normative reconstruction is required to ensure legal certainty and enhance the effectiveness of the criminal justice system. Such reformulation is expected to strengthen the legitimacy of prosecutorial authority as dominus litis and encourage a shift in narcotics law enforcement from a purely repressive approach toward a more humane, proportional, and sustainable paradigm in line with responsive and inclusive national criminal law reform.
Bank Precautionary Principles Against Fraud In Ijarah Muntahiya Bit Tamlik Agreements Jasmine Sarah Nabilla; Nur Chanifah; Letizia Dessy Andreassari
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 1 (2026): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i1.358

Abstract

The development of financing products in Islamic banking in Indonesia has encouraged the use of various contracts that comply with Sharia principles, including the Ijarah Muntahiya Bit Tamlik (IMBT) contract. IMBT combines a leasing mechanism (ijarah) with the transfer of asset ownership to the customer at the end of the contract period. This financing model is widely used because it provides flexibility for customers while remaining compliant with Islamic principles. However, the IMBT contract structure involves two stages of transactions leasing and ownership transfer which may create legal and operational complexities. If not implemented carefully, this structure may open opportunities for fraud and other risks in Islamic banking operations. This study aims to analyze the implementation of the prudential principle in the application of IMBT contracts in Islamic banking and to formulate regulatory strengthening to prevent potential fraud in IMBT financing practices. The research uses a normative juridical method with statutory and conceptual approaches. Legal materials consist of primary legal sources in the form of laws and regulations related to Islamic banking, secondary sources such as books, academic journals, and scientific publications, and tertiary sources including legal dictionaries and other supporting references. The analysis of legal materials is conducted using grammatical and systematic interpretation methods.The findings show that the prudential principle in Islamic banking has been normatively regulated in several legal frameworks. However, existing regulations remain general and do not specifically regulate operational parameters for implementing the prudential principle in IMBT contracts. This regulatory gap may create legal loopholes that increase the risk of fraud. Therefore, strengthening regulatory provisions is necessary by establishing clearer operational parameters for the implementation of prudential principles at each stage of IMBT financing. Such measures are important to ensure legal certainty, reduce fraud risks, and strengthen public trust in the Islamic banking system.
Regulatory Framework for Social Mapping  in Structuring Access to Agrarian Reform Nur Laili Safitri; Herlindah; Arini Jauharoh
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.v22i2.377

Abstract

the structuring of agrarian reform access and to formulate an ideal regulatory framework to ensure legal certainty. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The analysis applies grammatical, systematic, and constructive interpretation of primary, secondary, and tertiary legal materials obtained through library research. The novelty of this study lies in its analysis of social mapping as a lex imperfecta under Article 58 paragraph (1) of Presidential Regulation Number 62 of 2023. This study also proposes a legal reconstruction that positions social mapping as a normative prerequisite for ensuring legal certainty in agrarian reform access structuring. The findings reveal that the incomplete regulation of social mapping creates multiple interpretations, weak verification mechanisms, and the absence of sanctions. These conditions result in inaccurate access structuring, low effectiveness in empowering agrarian reform subjects, and an increasing potential for agrarian conflicts. Based on the legal certainty theory of Gustav Radbruch, the regulation has not fulfilled the principle of legal certainty because it is not formulated clearly and operationally. This study recommends legal reconstruction by establishing social mapping as a mandatory procedure supported by standardized operational guidelines, participatory verification mechanisms, Key Performance Indicators (KPI), and clear sanction provisions in order to create a more effective, measurable, and equitable agrarian reform access system.
Juridical Implications of the Imposition of Substitute Imprisonment under the Attorney General Guideline Muhammad Fahmi Abdillah; Prija Djatmika; Yuliati
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.v22i2.378

Abstract

Corruption as an extraordinary crime causes state financial losses that have not been optimally recovered, particularly because convicted persons tend to choose substitute imprisonment rather than paying compensation. Although this mechanism has been regulated under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, its implementation has resulted in a significant accumulation of unrecovered state losses. The issuance of Attorney General Guideline Number 1 of 2019 was intended to serve as a technical guideline for prosecution; however, it continues to raise juridical issues. This study aims to analyze the juridical implications of the implementation of the guideline and to formulate an ideal regulatory framework. The research employs a normative juridical method using statutory, conceptual, and comparative approaches, which are analyzed prescriptively. The findings indicate the existence of legal uncertainty due to the absence of clear parameters for determining substitute imprisonment, low effectiveness resulting from its alternative nature, weak coercive force, and inconsistency in prosecutorial discretion. Therefore, a reformulation of the regulation is necessary by positioning compensation payment as a mandatory and cumulative sanction in order to optimize the recovery of state financial losses and strengthen legal certainty and consistency in prosecution.
The Position of Marketplace In Online Transactions And Mitigation of Unilateral Cancellations Based On Theory of Responsibility Anisa Putri Wulandari; Reka Dewantara; Yenny Eta Widyanti
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.v22i2.382

Abstract

The development of information technology has driven the growth of e-commerce through marketplaces as the primary means of online transactions in Indonesia. The presence of marketplaces not only simplifies the relationship between sellers and consumers but also raises various legal issues, particularly regarding the position of marketplaces and the practice of unilateral transaction cancellations. This study aims to analyze the position of marketplaces in online transactions based on the theory of responsibility and analyze forms of mitigation and accountability for unilateral cancellations in online buying and selling transactions. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials analyzed qualitatively using deductive reasoning. The results show that marketplaces can no longer be viewed merely as digital intermediaries, but rather as electronic system organizers actively involved in the electronic transaction process. This involvement has legal consequences in the form of marketplace liability for user losses, particularly due to unilateral transaction cancellations, system failures, or negligence in platform supervision. In addition, mitigation of unilateral cancellations needs to be carried out through strengthening marketplace supervision systems, information transparency, consumer protection, and the provision of effective dispute resolution mechanisms. Therefore, clearer legal regulations are needed regarding the position and responsibilities of marketplaces to create legal certainty, consumer protection, and a fair and sustainable digital trading system in Indonesia.
Legal Certainty Regarding The Validity Period of Halal Certificates In Indonesia Kuntari Angrani; Yenny Eta Widyanti; Siti Rohmah
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.v22i2.383

Abstract

Regulations regarding the validity period of halal certificates in Indonesia have undergone significant changes following the enactment of Law Number 6 of 2023 concerning Job Creation. Previously, Law Number 33 of 2014 concerning Halal Product Assurance stipulated that halal certificates are valid for four years and must be renewed periodically as a form of state supervision of the consistency of product halalness. However, after the amendment through the Job Creation Law, halal certificates are declared valid as long as there are no changes in the composition of ingredients and/or halal product processes. This study aims to analyze the shift in regulations regarding the validity period of halal certificates and assess the legal certainty of these regulations based on Gustav Radbruch's theory. The novelty of this research lies in its critical analysis of the transition from a periodic monitoring model to a perpetual halal certification model within the framework of legal certainty, justice, and utility. This research is a normative legal study using a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials collected through literature studies and analyzed descriptively and qualitatively. The results show that changes in regulations regarding the validity period of halal certificates reflect a shift in legal orientation from a periodic monitoring system to administrative simplification and economic efficiency. While these changes provide administrative and economic benefits for businesses, they also create legal challenges in the form of unclear norms, weak post-certification oversight, and the potential for reduced legal protection for Muslim consumers. According to Gustav Radbruch's theory, these regulations tend to prioritize utility over legal certainty and justice. Therefore, regulatory harmonization and strengthening of the oversight system are needed to ensure optimal legal protection for Muslim consumers in Indonesia.
Child Protection In Marriage Dispensation: Harmonization of Regulations From The Perspective of The Child Protection Law Aura Shava Dhinda Salsabila; Rachmi Sulistyarini; Djumikasih
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.384

Abstract

Child marriage remains a legal and social issue in Indonesia despite the existence of regulations regarding child protection in the national legal system. Law Number 35 of 2014 concerning Child Protection expressly requires parents to prevent child marriage as a form of protection for children's rights to growth and development. However, on the other hand, Law Number 16 of 2019 concerning Marriage still provides space through the marriage dispensation mechanism that can legalize child marriage through a court decision. This condition creates disharmony in regulations and impacts legal uncertainty in child protection. This study aims to analyze the harmonization of marriage dispensation regulations from the perspective of the Child Protection Law and examine legal certainty regarding child protection in the practice of marriage dispensation in Indonesia. This study uses a normative legal research method with a conceptual approach and a case approach. The legal materials used include laws and regulations, court decisions, scientific journals, and legal literature analyzed using grammatical and systematic interpretation methods. The research results indicate that there is a dualism in the regulations between the Child Protection Law and the Marriage Law, resulting in weak legal protection for children. Furthermore, the ambiguity of the phrase "very urgent reasons" in the marriage dispensation creates multiple interpretations and high levels of judicial discretion in granting marriage dispensation requests. Therefore, regulatory harmonization, strict limitations on marriage dispensations, and strengthening of the child protection paradigm in judicial practice are needed to achieve legal certainty oriented toward the best interests of children.
Reformulating Tax Dispute Regulations as an Effort to Address Substantive Injustice in Indonesia's Tax Court System Ryandi Ferdiannur Usman; Prija Djatmika; Heru R. Hadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.385

Abstract

This study examines the urgency of reformulating tax dispute resolution regulations in Indonesia to address the substantive injustice experienced by taxpayers within the tax judiciary system. Although Indonesia's taxation system is founded on the principle of legality under Article 23A of the 1945 Constitution, the existing dispute resolution mechanism has not fully ensured balanced legal protection between taxpayers and tax authorities. Tax authorities possess extensive powers in tax assessment, examination, and collection, creating an unequal position that may lead to unfair treatment of taxpayers. This research aims to analyze the current legal framework governing tax dispute resolution and identify the factors contributing to substantive injustice in the system. The study employs a normative juridical method using statutory and conceptual approaches through the examination of relevant legislation, legal principles, and legal doctrines. The findings indicate that tax disputes are primarily resolved through appeals and lawsuits under the jurisdiction of the Tax Court, while objections constitute an administrative remedy within the broader tax dispute framework. However, taxpayers continue to face significant challenges, including potential conflicts of interest in the objection process, unequal burdens of proof, limited access to information, and regulatory inconsistencies among the General Taxation Provisions and Procedures Law, the Tax Court Law, and the Judicial Power Law. These conditions weaken legal protection and hinder the realization of substantive justice. This study recommends a comprehensive reformulation of tax dispute regulations to strengthen the independence of the Tax Court, improve legal protection for taxpayers, and promote substantive justice within Indonesia's tax dispute resolution system. Such reform is expected to enhance legal certainty, fairness, and public trust in the national taxation system.. This study fills the research gap concerning the limited discussion of substantive justice in Indonesian tax adjudication and proposes an original reformulation model emphasizing independent review, broader judicial scrutiny, and stronger taxpayer protection.

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