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Yuris: Journal of Court and Justice
Published by JF Publisher
ISSN : -     EISSN : 28097572     DOI : https://doi.org/10.56943/jcj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
In 2022, YURIS (Journal of Court and Justice) giving opportunities for legal researcher to publish scientific article The editorial team of YURIS seek publication on the paper which related to the contribution of law theory and enforcement and to consider them carefully for external review. By following the standard and procedures which published four times a year. It goes by the review process from expert and external reviewer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 3 Documents
 1 
Search results for , issue "[IN PRESS] Vol. 5 Issue 1 (2026)" : 3 Documents clear
Reformulating Indonesian Bankruptcy Law: Substantive Justice and Good Faith Damajanti, Sisca Utami
YURIS: Journal of Court and Justice [IN PRESS] Vol. 5 Issue 1 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i1.959

Abstract

Indonesian bankruptcy law, governed by Law Number 37 of 2004, was designed to balance creditor rights with debtor rehabilitation while ensuring orderly insolvency resolution. However, two decades of implementation reveal systemic dysfunction whereby formalistic judicial interpretation has transformed the law into an instrument of strategic litigation rather than equitable dispute resolution. This normative legal research employs statutory, conceptual, case study, and comparative approaches to deconstruct the prevailing application and propose comprehensive reformulation. The study identifies pervasive judicial formalism as the fundamental pathology, wherein courts mechanically apply technical default criteria without substantive inquiry into genuine insolvency or business viability. This enables widespread abuse through strategic bankruptcy filings by competitors and creditors pursuing collateral objectives, resulting in premature liquidation of viable enterprises and substantial economic waste. The research establishes that effective reform requires anchoring the system in two interdependent principles: substantive justice, mandating holistic assessment of debtor financial condition and restructuring prospects beyond procedural compliance, and good faith, functioning as rigorous procedural gatekeeper to filter abusive petitions. Implementation necessitates legislative amendments refining insolvency definitions, explicitly requiring good faith examination, and strengthening rehabilitation mechanisms. Judicial capacity enhancement through specialized training in financial analysis and institutional innovations including dedicated insolvency divisions prove essential. This reformulation framework transforms Indonesian bankruptcy law from strategic weapon into credible instrument serving economic efficiency, commercial justice, and constitutional values, thereby supporting Indonesia's developmental trajectory and investment climate enhancement.
Compensation Inconsistencies in Land Acquisition for Public Interest in Indonesia Sugiharto; Susanto, Manuel Valencia Albeti
YURIS: Journal of Court and Justice [IN PRESS] Vol. 5 Issue 1 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i1.960

Abstract

Land acquisition for public purposes constitutes a critical instrument supporting Indonesia's national development, yet persistent inconsistencies in compensation determination undermine property rights protection and social justice objectives. This normative legal research examines the regulatory framework governing compensation and analyzes implementation gaps through detailed case study of Surabaya District Court Decision Number 1090/Pdt.G/2023/PN Sby. Employing statutory, conceptual, and analytical approaches, the study investigates how Law Number 2 of 2012 and Presidential Regulation Number 19 of 2021 translate into practice. Findings reveal that implementation suffers from formalistic interpretation prioritizing administrative documentation over substantive rights recognition. Four interconnected factors drive compensation inconsistencies: divergent legal interpretation in determining eligible recipients, inadequate transparency in appraisal procedures, structural misalignment between formal requirements and informal land transaction realities, and insufficient oversight coupled with limited public legal awareness. These deficiencies generate horizontal conflicts between registered owners and actual possessors, vertical tensions between communities and government authorities, development project delays, and perpetuation of displacement-induced poverty. Analysis demonstrates compensation disputes arise not solely from valuation disagreements but from fundamental questions regarding legitimate stakeholder identification and meaningful participation in deliberation processes. The study concludes that effective reform requires legislative clarification of ambiguous provisions, institutional capacity development for implementing authorities, transformation of deliberation mechanisms into genuine participatory forums, establishment of independent oversight bodies, and acceleration of systematic land registration programs to prevent future tenure conflicts.
Criminal Law Enforcement Against Illegal Cosmetic Products: A Normative Juridical Study Redian, Recha; Patrianto, Bangun
YURIS: Journal of Court and Justice [IN PRESS] Vol. 5 Issue 1 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i1.966

Abstract

The widespread circulation of illegal cosmetic products poses serious threats to consumer health and safety, particularly those containing hazardous substances such as mercury and hydroquinone distributed without valid regulatory authorization. This study examines criminal law enforcement against perpetrators of illegal cosmetic distribution and the legal protection afforded to consumers within the jurisdiction of the East Java Regional Police (Polda Jawa Timur). Employing a normative juridical method with a statute approach, this study analyzes applicable provisions under Law No. 36 of 2009 on Health and Law No. 8 of 1999 on Consumer Protection, using the counterfeiting of New KLT cosmetic products as its primary case reference. The findings reveal that while the existing statutory framework provides a sufficient normative basis for criminal prosecution, enforcement effectiveness is constrained by inadequate inter-agency coordination between the Regional Police and BPOM, the proliferation of unmonitored online distribution channels, and the absence of accessible victim compensation mechanisms. This study extends prior research by demonstrating that administrative supervision and criminal law enforcement function as complementary rather than substitutable instruments, and that consistent police-led prosecution is indispensable to closing the deterrence gap that regulatory reform alone cannot address. Stricter sanction implementation and strengthened institutional coordination are recommended to optimize consumer protection outcomes.

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