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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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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.

Page 35 of 35 | Total Record : 345

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