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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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Reconstructing Criminal Law To Distinguish Administrative Errors From Village Fund Corruption Sari Darniati; Faizin Sulistio; Harun Al Rasyid
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.v22i3.396

Abstract

This study examines the reconstruction of Indonesian criminal law governing Village Fund management to establish clear legal boundaries between administrative misconduct and corruption offences. Using normative legal research with statutory, conceptual, and case approaches, the study analyses the Village Law, Government Administration Law, Anti-Corruption Law, and relevant Supreme Court decisions. The research proposes an integrated Administrative–Criminal Boundary Model requiring administrative screening, assessment of mens rea, abuse of authority, unlawful benefit, and actual state financial loss before criminal prosecution. The model strengthens legal certainty, prevents over-criminalization of village officials acting in good faith, and improves proportional anti-corruption enforcement.
The Principle of Legal Balance and the Degradation of Incentive Rights in Protected Rice Field Policies Mohammad Habib Ramdhani; Iwan Permadi; Indah Dwi Qurbani
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.v22i3.399

Abstract

The increasing conversion of paddy fields to non-agricultural uses poses a significant threat to national food security, prompting the Indonesian Government to enact Presidential Regulation Number 4 of 2026 concerning the Control of Paddy Field Conversion. This regulation introduces a protection mechanism through the designation of Protected Paddy Fields (LSD) and imposes restrictions on landowners' rights to convert their agricultural land. As a balancing instrument, the regulation also provides incentives for individuals who maintain the agricultural function of their land. However, the incentive provisions contained in Articles 20 and 21 raise normative concerns, particularly due to the phrase "subject to the State's financial capacity," which creates legal uncertainty. This study aims to analyze the juridical implications of the ambiguity of the incentive provisions on the legal certainty of Protected Paddy Field owners and to assess their conformity with the principles of balance and proportionality in administrative law. The research employs a normative legal method using statutory, conceptual, and analytical approaches. The findings reveal that the phrase constitutes a vague norm because it fails to specify the parameters of the State's fiscal capacity, the mechanism for granting incentives, or the legal consequences of the State's failure to provide them. As a result, the public's right to receive incentives becomes uncertain, while the restrictions on land conversion rights apply directly and are legally binding. This situation creates an asymmetric legal relationship between the State and landowners, indicating that the incentive provisions under Presidential Regulation Number 4 of 2026 do not fully satisfy the principles of legal certainty, balance, and proportionality. Therefore, a normative reconstruction is necessary to ensure the certainty of incentive implementation as a form of legal protection for landowners affected by controlling policies the conversion of paddy fields.
The Ratio Legis of Article 35(a) of Law Number 23 of 2006 on Population Administration Muhammad Rizki Nurdin Sidauruk; Rachmi Sulistyarini; Nur Chanifah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): 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.v22i4.400

Abstract

This study aims to analyze the ratio legis underlying the enactment of Article 35 letter (a) of Law Number 23 of 2006 concerning Population Administration, which regulates the registration of marriages based on a court determination, particularly in the context of interfaith marriages. The study is motivated by a normative conflict between Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, which stipulates the validity of marriage based on religious law, and Article 35 letter (a) of Law Number 23 of 2006, which provides an opportunity for marriage registration through a court ruling. This research employs a normative legal research method with statutory, case, and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed using descriptive-analytical and argumentative techniques. The research gap lies in the absence of studies that specifically position Article 35 letter (a) as the central object of ratio legis analysis and connect it to the disharmony between the legal regime of marriage and population administration law. Previous studies have generally focused on the legality of interfaith marriages, human rights protection, or judicial decision analysis, without systematically examining the legislative purpose of the norm and its implications for the consistency of the national legal system. The novelty of this study lies in the reconstruction of the ratio legis of Article 35 letter (a) as an instrument of population administration, which is then analyzed within the framework of vertical and horizontal legal harmonization between the population administration regime and national marriage law. Accordingly, this study not only explains the underlying legislative intent but also proposes a regulatory harmonization construct based on the theory of legal certainty as a model for resolving normative disharmony that has not been previously offered in the literature. The findings indicate that the existence of Article 35 letter (a) generates normative disharmony, resulting in legal uncertainty and divergent interpretations in judicial practice. From a legal perspective, interfaith marriages do not fulfill the validity requirements under national marriage law. Therefore, regulatory harmonization is required to ensure legal certainty, consistency in law enforcement, and synchronization between the population administration system and marriage law.
The Formulation of Vacant Residential Tax Regulation in Indonesia Based on the Principle of the Social Function of Land Rights Tajuddin Nur‘Afas; Tunggul Anshari; M. Hamidi Masykur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): 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.v22i4.401

Abstract

This study analyzes the urgency of regulating the Empty Residential Property Tax in Indonesia’s legal system based on the principle of the social function of land rights and formulates a regulatory model that can be integrated into the local tax regime. A normative juridical method is employed, using statutory, conceptual, comparative, and systematic approaches. Legal materials are analyzed qualitatively to examine the relationship between the social function of land rights, the regulatory function of taxation, and housing policy objectives. This study identifies a substantive and structural research gap. Previous studies predominantly focus on (i) the general doctrine of the social function of land rights within agrarian law, (ii) the effectiveness of Land and Building Tax in rural and urban areas (PBB-P2) as a fiscal instrument, or (iii) administrative enforcement of abandoned land regimes. However, limited attention has been given to the construction of a tax mechanism based on the actual utilization status of residential property and its normative grounding in the social function principle of land rights, particularly within Indonesia’s decentralized taxation framework. The findings indicate a normative vacuum in Indonesian positive law, where existing abandoned land mechanisms are insufficient to address intentionally vacant residential properties, while Land and Building Tax in rural and urban areas (PBB-P2) remains property-value oriented without considering occupancy status. This condition creates regulatory inefficiency, market distortion, and contributes to artificial housing scarcity, contradicting the social function principle of land rights. The novelty of this study lies in the formulation of an Empty Residential Property Tax as a progressive add-on mechanism to Land and Building Tax in rural and urban areas (PBB-P2) within the framework of the Law on Financial Relations between Central and Regional Governments. The proposed model introduces a clear vacancy threshold (more than six months per tax year), utility-based data integration as an objective verification tool, proportionate exemptions, and earmarking of revenues for affordable housing programs. This represents a shift from ownership-based taxation to utilization-based taxation in Indonesia’s property tax design.
The Legal Implications of the Indonesian Standard Industrial Classification for the Position of Notaries as Public Officials Arabella Kezia Putri Maulina; Amelia Sri Kusuma Dewi; Dewi Iryani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): 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.v22i4.402

Abstract

This study aims to analyze the legal position of a Notary as a public official following the classification of notarial activities under the Indonesian Standard Industrial Classification Number 69104, as well as to examine the legal certainty of such regulation within the Indonesian legal system. This research employs a normative legal research method with statutory, conceptual, and comparative approaches, using primary, secondary, and tertiary legal materials. The research gap in this study lies not only in the absence of scholarly analysis linking the Indonesian Standard Industrial Classification as a risk-based business licensing instrument with the position of Notaries as public officials, but also in the lack of examination specifically addressing the normative implications of categorizing public office activities within a business-law regime. Previous studies have generally focused either on the position of Notaries from the perspective of the Notary Law, or on Indonesian Standard Industrial Classification within the context of business licensing administration in general, without situating both within a unified framework of normative conflict and legal system harmonization. The findings indicate that the classification of notarial activities under Indonesian Standard Industrial Classification Number 69104 has the potential to create normative disharmony, as it places the activities of a Notary within a business-oriented economic framework, whereas a Notary’s authority derives from state attribution to perform public service functions. This condition reflects a conceptual shift from a public office to an administrative entity governed by business licensing mechanisms, which is not fully aligned with the legal construction of the Notary position under the Notary Law. The novelty of this research lies in three main aspects. First, it explicitly constructs the normative conflict between the risk-based business licensing regime (Indonesian Standard Industrial Classification 69104) and the legal regime governing Notaries as public officials. Second, it employs a synthesis of the theory of authority and the theory of legal certainty as analytical instruments to assess the validity of such regulation within the Indonesian administrative legal system. Third, it offers a normative harmonization perspective that positions Indonesian Standard Industrial Classification not merely as an administrative instrument, but as a variable capable of shifting the juridical character of the Notary office within Indonesia’s constitutional and administrative legal framework .
Reconstructing The Function of Supreme Court Circular Letters As Internal Policy Regulations To Strengthen Judicial Supervision And The Uniformity of Judicial Practice Muhotim; Aan Eko Widiarto; Dhia Al Uyun
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.v22i3.403

Abstract

This study examines the reconstruction of the function of Supreme Court Circular Letters (Surat Edaran Mahkamah Agung/SEMA) as internal policy regulations in strengthening judicial supervision and promoting the uniformity of judicial practice in Indonesia. The issue arises because, although SEMA is widely applied by judges as an authoritative guideline in judicial practice, it is not formally included within the hierarchy of Indonesian legislation under Law Number 12 of 2011 concerning the Formation of Laws and Regulations. This condition has generated uncertainty regarding its legal status, binding force, and constitutional function within the Indonesian legal system. Accordingly, this research aims to analyze the binding force and legal function of SEMA as an internal policy regulation and to formulate a reconstruction model capable of enhancing its effectiveness in judicial supervision while maintaining consistency with the principles of the rule of law and judicial independence. 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 methods of interpretation. The analysis is supported by the theory of the hierarchy of legal norms, the doctrine of internal policy regulations (beleidsregel), and the theory of judicial law-finding (rechtsvinding). The findings demonstrate that SEMA is not a statutory regulation but an internal policy instrument whose binding force derives from the Supreme Court's constitutional authority, statutory regulatory powers, and institutional acceptance within the judiciary. Furthermore, the reconstruction of SEMA should emphasize normative clarification, institutional strengthening, and operational improvement to reinforce its function as an internal policy regulation. Such reconstruction is expected to enhance judicial supervision, promote greater uniformity in judicial practice, and strengthen legal certainty without compromising judicial independence or the hierarchy of legal norms. The novelty of this study lies in proposing a comprehensive reconstruction model that clearly distinguishes SEMA as an internal policy regulation rather than a quasi-legislative instrument. The model integrates normative clarification, participatory institutional drafting, and operational evaluation, contributing to legal theory and judicial governance.
Digital Storage of Notarial Deed Minutes in Society 5.0. Maulana Ibrahim Patahna; Herlindah; Heru Ratno Hadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): 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.v22i4.404

Abstract

The development of information technology in the Society 5.0 era has accelerated digital transformation across various sectors, including the management of notarial records. This study aims to analyze the urgency of regulating the digital storage of notarial deed minutes and to formulate an ideal legal framework for such regulation within the Indonesian legal system. This research employs a normative legal method using statutory, conceptual, and comparative approaches by examining the Law on Notarial Office, the Electronic Information and Transactions Law, the Personal Data Protection Law, and regulations governing electronic systems. The research gap lies in the absence of a comprehensive study integrating the analysis of regulatory gaps, normative inconsistencies, and the formulation of a regulatory model for digital storage of notarial deed minutes within the framework of notarial law reform. Previous studies have generally focused only on the legality of cyber notary practices, the validity of electronic documents, or digital storage as a data backup mechanism. The findings indicate that the digital storage of notarial deed minutes lacks an adequate legal basis because the Law on Notarial Office still recognizes only physical storage, while the electronic document regime excludes notarial deeds. This situation creates regulatory gaps, legal uncertainty, and juridical, technical, and ethical risks in notarial practice. The novelty of this study lies in proposing a regulatory model integrating legal certainty, legal protection, data security, electronic system accountability, and regulatory harmonization as the foundation for notarial law reform. The study recommends the enactment of comprehensive regulations to support a secure, effective, and sustainable digital notarial system in Indonesia.
Notaries' Dual Status as Public Officials and Business Actors in Government Procurement Giovani Marco Tarani Soba; Iwan Permadi; Endang Sri Kawuryan
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): 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.v22i4.405

Abstract

This study aims to analyze the regulatory disharmony concerning the legal status of notaries as both public officials and business actors within the government procurement system and to examine its legal implications for professional independence, equality of opportunity, and contractual justice. This research employed a normative legal research method using statutory and conceptual approaches, with qualitative analysis conducted through library research. The primary legal materials consisted of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 on the Office of Notary, Presidential Regulation Number 46 of 2025 concerning Government Procurement of Goods and Services, Regulation of the National Public Procurement Agency (LKPP) Number 5 of 2021, and Regulation of the Central Statistics Agency (BPS) Number 7 of 2025 concerning the Indonesian Standard Industrial Classification (KBLI). These legal materials were analyzed using the theories of legal certainty, authority, and justice. The research gap lies in the absence of a comprehensive study examining the normative conflict between the legal framework governing the notarial office and the regulations on government procurement, along with its implications for professional independence, equality of opportunity, and contractual justice. The findings reveal a regulatory disharmony whereby the notarial legal framework recognizes notaries as independent and impartial public officials, whereas government procurement regulations classify them as business actors subject to contractual relationships and competitive procurement mechanisms. This inconsistency has the potential to shift the public-service character of the notarial office, undermine professional independence, create preferential relationships that restrict equal opportunities among notaries, and fail to ensure contractual justice between the government and notaries. The novelty of this study lies in proposing a harmonized regulatory framework for notarial service procurement that preserves the legal status of notaries as public officials within the government procurement system while maintaining the essential principles of independence, impartiality, and public service inherent in the notarial profession.
River Boundary Delineation under PUPR Regulation 28/PRT/M/2015 Land Ownership Implications Nurani Cipta Putri; Tunggul Anshari Setia Negara; Dewi Cahyandari
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): 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.v22i4.406

Abstract

The research gap addressed in this study lies in the limited scholarship integrating the implementation of river boundary delineation with legal protection of land ownership rights through a comprehensive normative and empirical approach. This study aims to analyze the implementation of river boundary delineation under the Regulation of the Minister of Public Works and Housing Number 28/PRT/M/2015 concerning Land Ownership Rights and to examine the forms of legal protection available to affected landowners. The research employs a socio-legal method, incorporating statutory, sociological, and case approaches. Primary data were collected through interviews, while secondary data consisted of legal materials and relevant literature. The data were analyzed qualitatively using grammatical, systematic, and constructive interpretation. The findings indicate that river boundary delineation is supported by a valid legal basis of authority; however, its implementation continues to face significant challenges, including inconsistencies between land administration and spatial planning data, discrepancies between factual land occupation and juridical ownership, and weak inter-agency coordination. These issues ultimately create legal uncertainty for holders of land ownership rights. Based on these findings, the novelty of this study lies in proposing a legal protection model that integrates the harmonization of land administration and spatial planning data, strengthens institutional coordination, and establishes administrative mechanisms capable of ensuring legal certainty for certified land located within river boundary areas without compromising the ecological functions of rivers.
Juridical Implications of "May Report" in Foreign Will Reporting by Indonesian R.A Berliany Maudy Ratu Bendy; Amelia Sri Kusuma Dewi; Dyah Widhiawati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): 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.v22i4.407

Abstract

This study aims to analyze the interpretation of the phrase "may report" in Article 10 of the Minister of Law Regulation No. 16 of 2025 concerning the Reporting of Wills and Applications for the Issuance of Certificates of Wills in relation to the reporting of wills made abroad by Indonesian citizens, as well as the juridical implications of failing to register such wills for the implementation of inheritance in Indonesia. This study employs a normative legal research method using statutory, conceptual, and analytical approaches, with legal analysis conducted through grammatical, systematic, historical, and teleological interpretation. The legal materials consist of primary legal sources, including the Indonesian Civil Code, the Minister of Law Regulation No. 16 of 2025, and other relevant legislation, supported by secondary legal materials in the form of books and scholarly journal articles. The research gap lies in the absence of studies that specifically examine the normative character of the phrase "may report" and its legal consequences for the implementation of inheritance law in Indonesia. The novelty of this study is the formulation of a normative construction arguing that the phrase constitutes an incomplete legal norm because it merely grants discretionary authority without prescribing the legal consequences of failing to report a will. The findings reveal that a will executed abroad remains legally valid under the principle of locus regit actum and the Indonesian Civil Code. However, the failure to report the will results in its exclusion from the Central Register of Wills, prevents its inclusion in the Certificate of Wills, diminishes the functions of legal publicity and traceability, and may consequently create legal uncertainty in the administration of inheritance. The principal contribution of this study is to provide a conceptual foundation for revising Article 10 by expressly regulating the legal consequences arising from the failure to report wills executed abroad.

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