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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 354 Documents
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Legal Certainty for Creditors Holding Second-Ranking and Subsequent Mortgage Rights in Execution Auctions Diah Kusumo Dewi; Amelia Sri Kusuma Dewi; Satria Amiputra Amimakmur
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.v22i4.408

Abstract

There is a normative gap between the legal recognition of second-ranking mortgage rights as provided under Article 5(1) of the Mortgage Law and the implementation of their execution rights in auction practice, particularly due to the rejection of auction applications submitted by the Office of State Assets and Auction Services (KPKNL) on behalf of creditors holding second-ranking and subsequent mortgage rights. This study aims to analyze the juridical implications of Article 5(1) of the Mortgage Law for the legal position of creditors holding second-ranking and subsequent mortgage rights in the execution auction of mortgaged property, as well as to examine the legal protection afforded to such creditors. This research employs a normative legal research method using both the statutory and conceptual approaches through the analysis of legislation, legal doctrines, and other relevant legal materials. The findings reveal that although Article 5(1) of the Mortgage Law explicitly recognizes the existence of second-ranking and subsequent mortgage rights, it does not adequately regulate the mechanism for exercising execution rights or provide comprehensive legal protection for subordinate mortgage creditors. Consequently, the execution auction process continues to be hindered by divergent interpretations regarding execution authority, resulting in the potential rejection of auction applications filed by creditors holding second-ranking and subsequent mortgage rights. The novelty of this study lies in proposing a harmonized regulatory framework governing execution authority and a legal protection mechanism for creditors holding second-ranking and subsequent mortgage rights, thereby providing a foundation for the reform of Indonesian secured transactions law.
Legal Certainty of Indigenous Peoples' Customary Land Rights in Relation to Cultivation Rights : A Legal Certainty Perspective in West Kutai Tarisa; Imam Koeswahyono; Supriyadi
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.v22i4.409

Abstract

This study examines the nature of land disputes between the Intu Lingau Indigenous Community and holders of plantation cultivation rights in West Kutai Regency and proposes a dispute resolution model based on the principle of legal certainty. It employs normative legal research using statutory, conceptual, and case approaches, analyzed through the theory of legal certainty. The research gap lies in the absence of studies specifically addressing the normative conflict between the recognition of indigenous communal land rights and the cultivation rights regime as the primary source of legal uncertainty in land dispute resolution. The findings reveal that the dispute extends beyond land control, reflecting a normative conflict between the constitutional recognition of hak ulayat and the state's grant of cultivation rights without an integrated legal framework. Consequently, dispute resolution mechanisms through regional governments and agrarian authorities have not provided definitive legal certainty. The novelty of this study is a legal certainty-based dispute resolution model consisting of three stages: recognition of indigenous communities and their customary territories, verification and legal audit of cultivation rights, and deliberation based on the audit results as the basis for settlement. This model is expected to strengthen legal certainty, protect indigenous communal land rights, and promote a more coherent land law system in Indonesia.
Legal Certainty on Dishonorable Notary Dismissal for Serious Violations Gama Dwipa Dinar Nur Rensa; Rachmi Sulistyarini; Amelia Sri Kusuma Dewi
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.v22i4.410

Abstract

This study aims to analyze the legal regulation governing the dishonorable dismissal of notaries due to serious violations of their statutory duties and prohibitions and to formulate a normative reformulation of the relevant legal provisions. This research employs a normative legal research method using statutory, conceptual, and case approaches through the analysis of legislation, legal doctrines, and relevant judicial decisions. Unlike the study by Iman Zenza Bronica, which focuses on the benchmarks for administrative sanctions, the research of Nur Afni Hidayanti, which examines the legal consequences of violations on the validity of notarial deeds, and the study by Nilna Muna Yuliandari, which analyzes legal remedies against the dismissal of notaries, this research specifically addresses the ambiguity of Article 12(d) of Law Number 2 of 2014, particularly the phrase "serious violation" as the legal basis for dishonorable dismissal. The findings reveal that the provision fails to satisfy the principles of legal clarity, predictability, coherence, and consistency, thereby allowing subjective interpretation in the imposition of sanctions and resulting in disparities in the treatment of similar violations. The novelty of this study lies in the formulation of objective criteria for determining serious violations, including repeated violations, criminal offenses related to the exercise of notarial duties carrying a statutory maximum imprisonment of less than five years, and violations committed during a period of temporary suspension, as the basis for reformulating Article 12(d) of the Law on Notarial Office. This reformulation is expected to provide more measurable guidelines for the Notary Supervisory Council in imposing sanctions consistently and to serve as a reference for legislators in improving the legal framework governing the dismissal of notaries.
Legal Certainty in the Re-Norming of Article 66(1) of the Notary Law Izza Safira; M. Hamidi Masykur; Letiza Dessy Andreassari
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.v22i4.411

Abstract

This study aims to evaluate the consistency of legal certainty and the constitutional implications resulting from the re-norming of the phrase "with the approval of the Notary Honorary Council" in Article 66 paragraph (1) of Law Number 2 of 2014 concerning the Amendment to the Notary Office Law. It specifically addresses whether reviving a mechanism previously declared unconstitutional under a renamed institution fulfills the constitutional guarantees of legal certainty and assesses it s wider legal impacts on the national law enforcement process involving notary public officials This research employs a normative legal research method (library research) focusing on the analysis of documented legal materials. The study utilizes a statutory approach and a conceptual approach, heavily grounded in the constitutional doctrines of judicial independence, equality before the law, and the classic theories of legal certainty developed by Hans Kelsen and Jan Michiel Otto. The primary legal materials examined include the 1945 Constitution, relevant notary position laws, and the Constitutional Court Decision Number 49/PUU-X/2012. The results indicate that, from the perspective of Jan Michiel Otto’s theory of real legal certainty, the re-norming fails to establish just legal certainty due to severe normative inconsistencies, an absence of academic justification in legislative drafts, and a lack of parliamentary compliance toward final and binding judicial reviews. Juridically, by shifting extra-judicial administrative approval from the Regional Supervisory Council (MPD) to the Notary Honorary Council (MKN), the provision establishes a severe norm conflict that overrides standard criminal procedural mandates (KUHAP) and compromises judicial independence. Sociologically, empirical evidence demonstrates that this gatekeeping function operates as an aggressive institutional filter rather than an objective protection of confidentiality, significantly obstructing material truth-seeking, delaying judicial due process, and leading to high operational case termination rates by law enforcement agencies.
The Paradox of Technological Progress and the Ethical Crisis in Digital Civilization Nopit Ernasari; Naib; Adithya Tri Firmansyah
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.v22i4.412

Abstract

The advancement of digital technology has significantly transformed various aspects of human life while creating new opportunities for increasingly sophisticated cybercrime. This phenomenon reflects an ethical crisis in digital civilization, characterized by declining moral responsibility in the use of digital technology. Although cybercrime has been widely examined from technological and criminal law perspectives, limited attention has been given to integrating digital ethics, digital literacy, and legal responses into a comprehensive preventive framework. This study aims to analyze the relationship between digital technological advancement and the emergence of cybercrime as a manifestation of this ethical crisis, as well as to examine preventive strategies through law enforcement, digital ethics, and digital literacy. This research employs normative legal research with a descriptive qualitative approach. Data were collected through library research, including legislation, books, scholarly journals, and official documents, and were analyzed using qualitative content analysis. The findings reveal that digital technology has improved efficiency and access to information while facilitating hacking, data theft, online fraud, malware distribution, and privacy violations. These developments demonstrate that technological progress without ethical awareness may undermine trust and security in the digital environment. The study’s novelty lies in proposing an integrated legal framework that combines adaptive law enforcement, digital ethics, and digital literacy as complementary strategies for cybercrime prevention. Its main legal contribution is the development of a normative approach that strengthens preventive legal policies beyond conventional punitive measures. The findings also provide practical guidance for policymakers, law enforcement agencies, educational institutions, and digital stakeholders in fostering a secure, ethical, and sustainable digital ecosystem.
Legal Vacuum In The Supervision of Court Judgment Enforcement By Public Prosecutors And The Formulation of Ius Constituendum In Indonesia Bayu Aditya Nugroho; Nurini Aprilianda; Abdul Madjid
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.v22i4.414

Abstract

This study examines the legal vacuum in the judicial supervision of criminal court judgment enforcement by public prosecutors and the formulation of ius constituendum in Indonesia. The problem arises because Indonesian criminal procedural law grants public prosecutors authority to execute final and binding criminal judgments but does not provide a clear mechanism for judicial supervision when execution is delayed or not carried out. This study aims to identify the factors causing the legal vacuum and formulate an ideal model of judicial supervision as ius constituendum. This study employs normative legal research using statutory, case, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through systematic and teleological interpretation. The analysis applies Gustav Radbruch’s Theory of Legal Certainty, Aristotle’s Theory of Justice, and the Theory of Judicial Power and checks and balances. The findings indicate that the legal vacuum results from the absence of judicial control mechanisms, limited authority of the Supervising and Observing Judge, the absence of an objection mechanism, and unclear time limits and legal accountability for public prosecutors. Comparative analysis of German criminal procedural law demonstrates the importance of judicial control during execution. Accordingly, this study proposes reformulating Article 270 of the Criminal Procedure Code and expanding the authority of the Supervising and Observing Judge to supervise execution from the time a judgment becomes final until completion. This model aims to strengthen legal certainty, accountability, and judicial authority while maintaining the public prosecutor’s authority to execute criminal judgments.
Corporate Criminal Liability In Tax Crimes From The Perspective of The Strict Liability Doctrine Kyagus Ramadhani; Tunggul Anshari SN; Prija Djatmika
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.v22i4.415

Abstract

Tax crimes are a form of economic crime that has the potential to cause significant losses to state revenues. The development of corporate activity as a major component of economic activity indicates that various tax crimes are no longer committed individually, but rather through policies and systems developed by corporations. However, Law Number 28 of 2007 concerning General Provisions and Procedures for Taxation and Law Number 7 of 2021 concerning the Harmonization of Tax Regulations do not explicitly regulate corporations as subjects of criminal law that can be held accountable. This situation creates a legal vacuum, legal uncertainty, and suboptimal protection of state finances. This study aims to analyze the urgency of regulating corporate criminal liability in tax crimes, examine the relevance of applying the strict liability doctrine as the basis for corporate criminal liability, and formulate an ideal legal regulation formulation for the future. This study uses a normative juridical method with a statutory, conceptual, and case-based approach. Legal materials were obtained through a literature review of laws and regulations, court decisions, legal literature, and scientific journals. The materials were analyzed using systematic and grammatical interpretation. The findings indicate that the lack of regulations regarding corporate criminal liability hampers the effectiveness of tax law enforcement and the recovery of state revenue losses. The strict liability doctrine is relevant for limited application to certain tax crimes while still adhering to the principle of due process of law. Legal reform through a revision of the KUP Law is needed to recognize corporations as subjects of criminal law and to comprehensively regulate accountability mechanisms, types of sanctions, and case resolution to ensure legal certainty, justice, and protection of state finances.
Formulating Juridical Limits on Government Officials’ Discretion Between Administrative Violations and Corruption Offenses Muhammad Zulfa Tirta Permadi; Faizin Sulistio
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.v22i4.417

Abstract

This study examines the boundaries of government officials’ discretion in distinguishing administrative violations from corruption offenses causing state financial losses. The issue arises from the blurred boundary between administrative errors and corruption, particularly when discretion results in state financial losses. This study aims to analyze the parameters used by judges in distinguishing discretion as an administrative violation from corruption offenses and to determine whether discretion exercised in accordance with the general principles of good governance (AUPB) may serve as a ground for justification in corruption offenses. This research employs normative legal research using statutory, case, and conceptual approaches. Materials were analyzed through nine court decisions, consisting of six corruption court decisions and three state administrative court decisions. The analysis employed an extraction matrix, discretion classification, AUPB compliance indicators, and four administrative penal law criteria. The findings indicate that judges have not applied uniform parameters in distinguishing administrative violations from corruption offenses and have not referred to Articles 17 to 24 of Law Number 30 of 2014 on Government Administration in examining abuse of authority. This study formulates a six-step examination comprising the legal basis of authority, circumstances under Article 23, purposes under Article 22 paragraph (2), requirements under Article 24, AUPB compliance, and determination of the sanction domain. The study concludes that discretion exercised in accordance with the AUPB may serve as a ground for justification when the act qualifies as discretion and compliance indicators are cumulatively fulfilled. Regulations are required to establish the boundary between administrative and criminal proceedings.
The Legitimacy of Criminalizing Insults Against The President And Vice President: A Minimalist Criminal Law Analysis of Articles 218–220 of Indonesia’s Law No. 1 of 2023 Ahda Daffa’ Alian Tarif; Milda Istiqomah
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.v22i4.418

Abstract

This study evaluates the legitimacy of criminalizing insults against the President and Vice President under Articles 218–220 of Law No. 1 of 2023 on the Criminal Code through Douglas Husak’s theory of minimalist criminal law. The reintroduction of these offenses raises concerns about overcriminalization and restrictions on freedom of expression, particularly in light of Constitutional Court Decision No. 013-022/PUU-IV/2006, which invalidated the corresponding provisions of the former Criminal Code. This normative legal study uses statutory, conceptual, historical, and comparative approaches to examine the boundaries of punishable conduct, the complaint mechanism under Article 220, and possible reforms. The analysis combines grammatical, systematic, historical, teleological, and comparative interpretation. It argues that the phrase “attacking the honor or dignity” requires a restrictive interpretation that distinguishes personal reputational harm from criticism of public policy or official conduct. It also finds that the complaint mechanism is a procedural safeguard but does not, by itself, establish that a separate criminal offense is necessary, effective, or proportionate. Comparisons with the Netherlands and the United States illustrate alternative approaches to protecting reputation and public debate, although foreign standards cannot be transferred mechanically into Indonesian criminal law. The study proposes a staged reform agenda: prosecutorial guidance in the short term, statutory clarification and proportionality review in the medium term, and consideration of integration into generally applicable defamation provisions in the long term. It concludes that the legitimacy of Articles 218–220 requires stronger justification, clearer statutory boundaries, and safeguards for constitutionally protected expression.
Legal Dualism in Land Controlover Grondkaart between PT Kereta Api Indonesia (Persero) and The Yogyakarta Sultanate Shafira Adelia Radiska; Imam Koeswahyono; 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.v22i4.419

Abstract

This study aims to analyze the legal consequences of the dualism of land control involving grondkaart land claimed by PT Kereta Api Indonesia (Persero) that overlaps with Yogyakarta Sultanate Land (Tanah Kasultanan), and to formulate a future legal framework to ensure legal certainty. This study employs a normative juridical method using statutory, conceptual, case, and historical approaches. The data are analyzed qualitatively through grammatical, systematic, historical, and sociological or teleological interpretation. The overlap between control over grondkaart land and Sultanate Land, which reflects the intersection of Indonesia’s national agrarian law regime and the special legal regime of the Special Region of Yogyakarta, has not been specifically examined. This study proposes an integrated legal framework comprising the harmonization of legal norms, verification of land parcels, clarification of the legal status of grondkaart documents, regulation of the legal relationships governing land use, and administrative dispute resolution. The findings indicate that the dualism of land control creates uncertainty regarding land status and the legal basis for control because the relationship between, and the respective scopes of application of, Dictum IV point A of the Basic Agrarian Law (UUPA), Article 5 of the UUPA, and Article 32 of the Law on the Privileges of the Special Region of Yogyakarta remain unclear. This uncertainty affects land use, administration, registration, and the legal certainty of transactions involving land. Going forward, grondkaart documents should be positioned as historical and administrative records that support land identification and evidentiary assessment, rather than as substitutes for land title certificates. This approach should be accompanied by the clarification and regulation of the legal relationships between the parties.

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