cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Mahrus Ali
Contact Email
sengkomahrus@gmail.com
Phone
-
Journal Mail Official
sengkomahrus@gmail.com
Editorial Address
Faculty of Law Merdeka University Surabaya Jl. Ketintang Madya VII/2 Surabaya
Location
Kota surabaya,
Jawa timur
INDONESIA
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
 31   32   33   34   35 
Legal Requirements and Appointment Procedures for Cooperative Deed Notaries: Evidence from Malang Fajar Tri Setiadi; Herlindah; Herman Suryokumoro
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.v22i3.386

Abstract

This study examines the implementation of regulations regarding the requirements and appointment procedures for Notaries as Makers of Cooperative Deeds (NPAK) in the drafting of Cooperative Establishment Deeds in Malang City. NPAKs hold a vital position as public officials authorized to draft cooperative deeds ; however, in practice, various regulatory and operational obstacles are still encountered in the field. This research focuses on three main aspects: the implementation mechanism of the regulations and appointment procedures for NPAKs in Malang City, the inhibiting factors faced during the implementation process, and the formulation of efforts that can be taken to overcome these existing obstacles. To address these issues, this study employs an empirical legal research method with a socio-legal approach in the Malang City region. Data were gathered directly through interview techniques and documentary studies with respondents comprising NPAKs, non-NPAK notaries, the Department of Cooperatives, and relevant professional organizations, which were subsequently analyzed using a descriptive-qualitative method. The results indicate that the implementation of the regulations has generally proceeded in accordance with the applicable administrative criteria , but its execution remains suboptimal due to differing interpretations of the procedures and the uneven participation of notaries. This suboptimality is driven by both juridical and non-juridical obstacles , which require refined harmonization among ministries and continuous legal education for the public .
The Civil Rights of an Individual in a Certificate of Inheritance Proven  to Have Been Based on Forged Documents Candrika Arivia Apriliani; Rachmi Sulistyarini; M. Sudirman
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.v22i3.387

Abstract

This study aims to analyze the civil rights of lawful heirs affected by a Certificate of Inheritance Rights proven to have been issued on the basis of forged documents and to examine the forms of civil liability arising from such unlawful conduct. This research employs a normative legal research method using both statutory and case approaches through the examination of legislation, legal doctrines, and the Supreme Court Decision Number 1470 K/Pid/2023. The findings demonstrate that document forgery in the preparation of a Certificate of Inheritance Rights gives rise to legal consequences in the form of the loss of inheritance rights, loss of recognition as a legal subject within inheritance relations, and deprivation of the right to control and enjoy the deceased’s estate. Such conduct constitutes an unlawful act that contravenes the principles of legal protection and legal certainty. Civil liability toward the aggrieved lawful heirs is based on Article 1365 of the Indonesian Civil Code through the provision of compensation, the annulment of the legally defective Certificate of Inheritance, and the restoration of the original legal condition through the reinstatement of the lawful heirs’ legal status. The novelty of this research lies in its focus on the restoration of heirs’ civil rights resulting from the forgery of a Certificate of Inheritance from the perspective of legal protection and victims’ rights recovery.
Problems of Limiting State Power From A Constitutional Perspective In Indonesia Muhammad Farhan Nefaldy; Tomson Situmeang
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.v22i3.388

Abstract

This study aims to analyze constitutional challenges in limiting state power in Indonesia, particularly executive dominance, institutional oversight, and the effectiveness of constitutional control mechanisms, as well as to examine the obstacles and possible solutions. The novelty of this study lies in its integrated analysis of executive dominance, Constitutional Court controversies, and constitutionalism within a single analytical framework. This research employs a normative legal method with statutory and conceptual approaches, analyzed qualitatively. The results show that the limitation of state power has not been optimally implemented, as indicated by the dominance of executive power (executive heavy), weak effectiveness of oversight, and unclear boundaries of authority among state institutions. Based on Montesquieu’s theory of separation of powers, this condition reflects that the mechanism of checks and balances has not functioned ideally within Indonesia’s constitutional system. Furthermore, the obstacles in limiting state power include weak integrity and independence of state institutions, vague legal norms, low constitutional awareness, and ineffective oversight mechanisms. Based on Jimly Asshiddiqie’s theory of constitutionalism, this condition indicates that the function of the constitution as a limitation of power has not been optimally implemented. Therefore, it is necessary to strengthen institutions, harmonize legal norms, enhance constitutional awareness, and develop preventive oversight mechanisms to realize an effective limitation of state power in accordance with the principles of the rule of law.
Inconsistency in Constitutional Interpretation in The Judicial Review of The Anti-Corruption Law in Indonesia Oktoriusman Halawa; Tomson Situmeang
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.v22i3.389

Abstract

This study aims to analyze the dynamics of constitutional interpretation in the judicial review of Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law, as well as to examine the obstacles and solutions in limiting state power in Indonesia. This research employs a normative legal method using statutory, case, and conceptual approaches. Legal materials are collected through library research and analyzed qualitatively using legal interpretation methods. The results show that the dynamics of constitutional interpretation in Case Number 142/PUU-XXII/2024 reflect a tension between a formalistic approach emphasizing legal certainty and a substantive approach oriented toward the effectiveness of anti-corruption efforts. The petition primarily concerns the application of norms rather than their constitutionality. Furthermore, the limitation of state power in Indonesia faces several challenges, including unclear institutional authority, inconsistent constitutional interpretation, political influence in law-making, and weak legal culture and integrity. From the perspectives of Gustav Radbruch and Carl J. Friedrich, a balance between legal certainty, justice, and utility, as well as the strengthening of constitutional mechanisms, is essential to ensure effective limitation of state power within a rule of law framework.
Legal Certainty of State Land as an Object of Waqf Muhammad Ferdynan Alfareza; Herlindah; Supriyadi
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.v22i3.390

Abstract

This research aims to critically analyze the legal certainty of state land as a waqf object within the Indonesian legal system, particularly regarding the legal position of the state as the holder of the right to control land and the validity of the Waqf Pledge Deed over state-controlled land. This study employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary legal sources in the form of agrarian and waqf-related legislation, secondary legal sources including books, journals, and expert opinions, and tertiary legal materials supporting the analysis. The findings demonstrate that the state does not possess legal standing as a waqif because the state’s right to control land constitutes a public authority to regulate and administer land rather than a proprietary right within private law. Consequently, state land cannot directly become an object of waqf without the prior granting of land rights. Furthermore, the validity of a Waqf Pledge Deed concerning state land is highly dependent on the legal status of the land. Such a deed may be deemed invalid if it is established over pure state land that has not been subject to specific land rights, as it fails to fulfill the ownership requirement of the waqif. The novelty of this research lies in its analysis of the normative conflict between agrarian law and waqf law concerning the legality of state land as a waqf object, as well as in clarifying the limits of state authority in land waqf practices in Indonesia.
The Ideal Regulation of Meaningful Public Participation In The Legislative Process By The House of Representatives Lalu Muhammad Amar Fawazi; Ngesti Prasetyo; Riana Susmayanti
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.v22i3.391

Abstract

Public participation in the formation of laws is one manifestation of the principles of popular sovereignty and a democratic state based on the rule of law. The development of Indonesian constitutional law, through Constitutional Court Decision Number 91/PUU-XVIII/2020, has introduced the concept of meaningful participation as a constitutional standard in the formation of laws. This concept requires the fulfillment of three main elements: the right to be heard, the right to be considered, and the right to be explained. However, the regulation of public participation in Article 96 of Law Number 13 of 2022 concerning the Formation of Legislation has not fully accommodated these three elements, particularly regarding the obligation of lawmakers to provide explanations for the follow-up of public input. This study aims to analyze the conformity of the regulation of public participation in the formation of laws with the constitutional standard of meaningful participation and formulate a reconstruction of the ideal regulation in the Indonesian legislative system. This study uses a normative legal research method with a legislative approach and a conceptual approach. Legal materials were obtained through a literature study consisting of primary, secondary, and tertiary legal materials, then analyzed prescriptively using Philippe Nonet and Philip Selznick's Responsive Legal Theory and Sherry R. Arnstein's Ladder of Participation Theory. The results of the study indicate that the current regulations have accommodated the right to be heard and some elements of the right to be considered through various public participation mechanisms. However, the right to be explained element has not received adequate normative guarantees because it is still facultative. Therefore, regulatory reconstruction is needed through changes to imperative norms, strengthening mechanisms for considering public aspirations, establishing a transparent feedback system, and increasing legislative accountability in order to realize meaningful public participation in the formation of laws.
Implementation of Legal Aid Rights for Suspects Based on Justice Principles at Malang Police Fatwa Azis Wicaksono; Setiawan Noerdajasakti; Bambang Sugiri
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.v22i3.392

Abstract

The right to legal aid is a constitutional right that must be granted to every suspect in the criminal justice process as a form of human rights protection and the realization of the principle of justice. The reform of criminal procedural law through Law Number 20 of 2025 concerning the Criminal Procedure Code strengthens the guarantee of legal assistance for suspects from the investigation stage. However, in practice, there are still various problems that affect the effectiveness of the implementation of these provisions. This study aims to analyze the effectiveness of the implementation of Article 155 paragraph (2) of Law Number 20 of 2025 in fulfilling the right to legal aid for suspects during the just investigation stage and to identify obstacles that affect its implementation. This study uses an empirical legal research method with a sociological juridical approach. The approaches used include a statute approach and a conceptual approach. Research data were obtained through interviews with law enforcement officers and related parties and supported by a literature study of relevant laws and regulations, books, journals, and literature. The research results show that the implementation of Article 155 paragraph (2) has provided a stronger legal basis in guaranteeing the right of suspects to obtain legal assistance during the investigation stage. This provision contributes to realizing the principles of fair trials, equality before the law, and protection of human rights. However, the effectiveness of its implementation still faces legal, structural, and legal culture obstacles that affect suspects' access to legal assistance. Therefore, it is necessary to strengthen implementing regulations, increase the capacity of law enforcement officers, optimize legal aid services, and increase public legal awareness in order to realize a criminal justice system that is fair, humanistic, and oriented towards the protection of human rights.
Regulation of Customary and Official Village Authority in Managing Village Assets in Bali I Gede Mahada Arsadana; Ngesti Dwi Prasetyo; I Nyoman Nurjaya
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.v22i3.393

Abstract

The dualism of the village government system in Bali, consisting of Customary Villages and Service Villages, creates its own legal dynamics in the management of village assets. The enactment of Bali Provincial Regulation Number 4 of 2019 concerning Customary Villages strengthens the legal position of Customary Villages, including their authority over the Padruwen of Customary Villages as customary village assets. However, this regulation raises normative issues due to differences in the legal construction of village asset management with Law Number 6 of 2014 concerning Villages. This condition creates overlapping authority, unclear asset ownership status, and potential disputes between Customary Villages and Service Villages. This study aims to analyze the legal meaning of the Padruwen of Customary Villages according to Bali Provincial Regulation Number 4 of 2019 and formulate regulations that provide legal certainty in the management of assets between Customary Villages and Service Villages. This research is a normative legal research using a statutory approach, a conceptual approach, and a historical approach. The legal materials used consist of primary, secondary, and tertiary legal materials obtained through literature studies and analyzed qualitatively using prescriptive methods. The analysis focused on identifying disharmonious norms between national and regional regulations governing village asset management. The Padruwen Desa Adat (Customary Village) is not only interpreted as an asset of economic value but also as a representation of the collective identity, ancestral rights, and autonomy of indigenous communities in Bali. Current regulations still show disharmony regarding the legal subject of asset ownership, management authority, asset classification, oversight mechanisms, and accountability systems. This disharmony has resulted in legal uncertainty and has the potential to lead to conflicts in village asset management. Therefore, regulatory harmonization is needed through a clear division of authority, strengthening legal recognition of Customary Village assets, and establishing an integrated asset management model between state law and customary law to achieve legal certainty, justice, and sustainable protection for village assets in Bali.
Legal Validity of Power of Attorney to Sell in Non-Performing Loans Muhammad Ramadhan Zulfikar Mahendra; Imam Kuswahyono; 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.v22i3.394

Abstract

This study examines the use of a Power of Attorney to Sell (Surat Kuasa Menjual/SKM) as a substitute for Mortgage Rights (Hak Tanggungan) in the settlement of non-performing loans through the Simple Lawsuit (Gugatan Sederhana/GS) mechanism. The issue arises because Supreme Court Regulation Number 4 of 2019 restricts the resolution of land rights disputes through the GS mechanism, while in practice, loan disputes secured by land rights are still being resolved through GS using an SKM. This research aims to analyze the legal position of the GS mechanism in loan disputes involving land rights as collateral and to assess the legal validity of using an SKM as a substitute for Mortgage Rights. This study employs normative legal research using statutory and conceptual approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively through grammatical, systematic, and teleological interpretation methods. The analysis is grounded in Gustav Radbruch’s Theory of Legal Certainty, Sri Soedewi Masjchoen Sofwan’s Contract Theory, and the doctrine of legal circumvention (fraus legis). The findings indicate that the use of the GS mechanism in loan disputes secured by land rights is inherently connected to land rights disputes; therefore, its application must be strictly limited in accordance with Supreme Court Regulation Number 4 of 2019. Furthermore, an SKM cannot be equated with Mortgage Rights because it does not fulfill the principles of publicity and specificity as required under the Mortgage Rights Law. Accordingly, clearer limitations regarding land rights disputes within the GS mechanism and stronger regulations governing the use of SKM are necessary to ensure legal certainty and the protection of land rights.
Notarial Risk Mitigation in Entrusted Income Tax Payments under Land Sale and Purchase Binding Agreements Amanda Putri Rahmawati; Tunggul Anshari Setia Negara; Dyah Widhiawati
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.v22i3.395

Abstract

This study aims to analyze the role of Notaries in the practice of receiving entrusted payments of Final Income Tax in the context of Sale and Purchase Binding Agreements of land and/or buildings, and to formulate a legal risk mitigation model applicable in notarial practice. This research employs a socio-legal method with statutory, conceptual, and futuristic approaches. Data were obtained through interviews with Notaries in Batu City, East Java, Indonesia, as well as through a review of relevant legislation, legal documents, and academic literature. The findings indicate that the practice of Notaries receiving entrusted tax payments has developed as a response to transactional needs and the fiduciary relationship between Notaries and clients, despite the absence of explicit regulation under the Notary Law or Indonesian tax regulations. This normative gap constitutes a legal vacuum that creates legal uncertainty regarding the authority, responsibilities, and limitations of Notaries in managing entrusted tax funds. The study identifies that such practices pose multidimensional legal risks, including civil liability (breach of contract and tort), criminal liability (embezzlement and breach of trust), administrative sanctions within the notarial system, and tax compliance risks. Therefore, a structured risk mitigation framework grounded in the prudential principle is required. The novelty of this research lies in the development of a legal risk mitigation model for Notaries in handling entrusted Final Income Tax payments in Sale and Purchase Binding Agreements transactions. The model encompasses the strengthening of the prudential principle, the implementation of segregated escrow accounts, standardized documentation-based administrative procedures, and the reinforcement of normative regulation concerning the limits of Notaries’ authority in managing entrusted tax funds. This model is expected to enhance legal certainty, provide legal protection for Notaries, and prevent potential misuse of entrusted funds in notarial practice.

Page 33 of 35 | Total Record : 345

 31   32   33   34   35 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol. 22 No. 4 (2027): March in progress Vol. 22 No. 3 (2026): December in progress Vol. 22 No. 2 (2026): September in progress Vol. 22 No. 1 (2026): June Vol. 21 No. 4 (2026): March Vol. 21 No. 3 (2025): December Vol. 21 No. 2 (2025): September Vol. 21 No. 1 (2025): June Vol. 20 No. 4 (2025): March Vol. 20 No. 3 (2024): December Vol. 20 No. 2 (2024): September Vol. 20 No. 1 (2024): June Vol. 19 No. 4 (2024): March Vol. 19 No. 3 (2023): December Vol. 19 No. 2 (2023): September Vol. 19 No. 1 (2023): June Vol. 18 No. 4 (2023): March Vol. 18 No. 2 (2022): 30 September 2022 Vol. 18 No. 3 (2022): December Vol. 18 No. 1 (2022): June Vol. 17 No. 4 (2022): March Vol. 17 No. 3 (2021): December Vol. 17 No. 2 (2021): September Vol. 17 No. 1 (2021): Juni Vol. 16 No. 4 (2021): March Vol. 16 No. 3 (2020): Desember Vol. 16 No. 2 (2020): September Vol. 16 No. 1 (2020): Juni Vol. 15 No. 2 (2020): March Vol. 14 No. 1 (2019): September Vol. 13 No. 2 (2019): March Vol. 12 No. 1 (2018): September Vol. 11 No. 2 (2018): March Vol. 10 No. 1 (2017): September More Issue