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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 103 Documents
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INTERFAITH MARRIAGE AFTER THE ISSUANCE OF SUPREME COURT CIRCULAR LETTER NO. 2 OF 2023 Rahayu, Annuur Fitria
YURIS: Journal of Court and Justice Vol. 4 Issue 4 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i4.847

Abstract

Religious intermarriage in Indonesia has been a complex issue for a long time, due to the absence of explicit provisions regulating it under Law No. 1 of 1974 on Marriage. This research aims to analyze the legal implications of marriage across faith boundaries before and after the enactment of the Supreme Court Circular Letter (SEMA) No. 2 of 2023, which provides guidelines for judges in handling petitions for cross-religious and interbelief marriage registration. Employing a doctrinal (normative juridical) research method, this study examines relevant legal norms contained in statutory regulations, judicial decisions, and scholarly works. The findings reveal that prior to SEMA No. 2 of 2023, district court judges demonstrated inconsistency in granting or rejecting interfaith marriage applications, resulting in legal uncertainty. The issuance of SEMA No. 2 of 2023 clarifies the judicial stance by directing courts to reject such applications, thereby reinforcing that interfaith marriages are not legally valid under Indonesian law. Consequently, interfaith marriages are not registerable in the civil registry system, leading to significant legal consequences, including the absence of legal recognition for the marriage, uncertainty in marital property rights, and the limitation of a child’s civil relationship to the mother. In conclusion, the circular seeks to harmonize legal practice and strengthen the principle of legal certainty in marriage law, although it simultaneously raises debates regarding human rights and religious freedom.
LEGAL LIABILITY OF NOTARIES INVOLVED IN DOCUMENT FORGERY: AN ANALYSIS OF COURT DECISION NO. 1362/PID.B/2019/PN JKT.UTR Shalsabilla, Ayunda Putri
YURIS: Journal of Court and Justice Vol. 4 Issue 4 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i4.848

Abstract

As public officials, notary have the authority to draw up authentic deeds that possess strong evidentiary value in the eyes of the law. However, abuse of this authority such as the falsification of documents by a notary poses serious problems within the legal system and undermines public trust in the notarial profession. This study aims to analyze the forms of legal accountability imposed on notaries proven to have falsified documents, from the perspectives of criminal law, civil law, and professional ethics. The research method employed is normative juridical, using statutory and case study approaches. The results indicate that notaries who are legally and convincingly proven to have committed document falsification may be subject to criminal sanctions under the Indonesian Criminal Code (KUHP), civil liability for damages caused to affected parties, as well as administrative and ethical sanctions from the Notary Supervisory Council. Firm law enforcement and effective oversight mechanisms are essential to prevent similar violations and to uphold the integrity of the notarial profession.
LEGAL CERTAINTY OF CREDITORS’ RIGHTS IN THE BANKRUPTCY OF CONDOMINIUM UNITS (APARTMENTS): A Case Study of Decision No. 40/Pdt.Sus.PKPU/2023/PN Niaga.Sby and Decision No. 63/Pdt.Sus-Gugatan Lain-Lain/2023/PN Niaga.Sby Utami, Arlisah Sri
YURIS: Journal of Court and Justice Vol. 4 Issue 4 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.849

Abstract

Global economic development has an influence on legal development, especially economic law. Bankruptcy can occur due to the rapid development of the economy and trade where various kinds of debt and receivables problems arise in society. The purpose of this study is to find out and understand the legal considerations of judges in decision number: 40/Pdt.Sus-PKPU/2023/PN. Niaga.Sby and number: 63/Pdt.Sus-LawsuitLainLain/2023/PN. Niaga.Sby. and to know and understand the legal certainty of creditors' rights to bankruptcy after the decision. This research method uses normative legal research. Approaches in normative (dogmatic) legal research include the statute approach or legislation-regulation approach, conceptual approach, historical approach and comparative approach. Legal protection of creditors from the object of the right of dependency from the attempt to confiscate the guarantee by a third party to hand over a guarantee for an agreement that has been agreed upon by the debtor which is the obligation of the bankrupt debtor from the bankruptcy property. If the creditor has paid in full for an object or service in dispute, the creditor receives legal protection to be removed from the bankruptcy estate according to the Supreme Court Circular Letter No. 4 of 2016.
THE LEGAL NATURE OF MIXED MARRIAGE DIVORCE UNDER INDONESIAN LAW: JURISDICTIONAL AUTHORITY OF THE RELIGIOUS COURT IN TRANSNATIONAL MARITAL DISPUTES Antoni, Mochammad Rohman
YURIS: Journal of Court and Justice Vol. 4 Issue 4 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i4.859

Abstract

This study examines the legal nature of mixed marriages and divorce within the Indonesian legal system, focusing on the authority of Religious Courts in adjudicating such cases. Using a normative juridical and qualitative approach, the research analyzes statutory provisions, doctrinal interpretations, and judicial practices through a case study of Decision Number 406/Pdt.G/2020/PA.Dps issued by the Denpasar Religious Court. The findings indicate that mixed marriage divorces involving Indonesian citizens and foreign nationals fall under the jurisdiction of Religious Courts when one spouse is an Indonesian Muslim. The court’s decision aligns with Law Number 1 of 1974 on Marriage, Government Regulation Number 9 of 1975, Law Number 12 of 2006 on Citizenship, and the Compilation of Islamic Law (KHI). The study concludes that the Religious Court applies the principles of lex loci celebrationis and lex fori to ensure that Indonesian law governs the dissolution of mixed marriages. This legal approach ensures justice, legal certainty, and state protection for Indonesian citizens engaged in transnational marital relationships.
LEGAL PROTECTION OF OUTSOURCED WORKERS UNDER LAW NO. 6/2023: A PT. SSBI SIDOARJO CASE Sofianti, Elsa; Razak, Muhammad Abdul
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.796

Abstract

Many companies in Indonesia have now implemented the outsourcing system with the aim of reducing labor costs. Regarding the implementation of this outsourcing system, it is actually regulated in the Job Creation Law Number 6 of 2023. With the ratification of the job creation law, it is hoped that companies can fulfill their obligations by providing legal protection to workers according to their rights. The aim of this research is to find out an exact picture of the legal protection of outsourced workers relating to fixed-term work agreements in accordance with the Job Creation Law Number 6 of 2023, especially Article 66 which is currently in effect. This research also aims to determine the influence of the Job Creation Law Number 6 of 2023 on outsourcing workers in the case study PT. SSBI Sidoarjo. This research uses empirical research by describing the main problems that exist in society based on the results of case studies in the field and secondary data as support.  Based on the results of this research, the obligations of PT. SSBI Sidoarjo to provide legal protection to its outsourced workers, especially regarding Article 66 concerning employment relations related to certain term work agreements, is in accordance with the Job Creation Law Number 6 of 2023 which is currently in effect, the rights obtained by outsourced workers at PT. SSBI Sidoarjo is related to legal protection, namely: the right to wages, the right to work safety, the right to health, and the right to leave, so this has impact on the welfare of outsourced workers at PT. SSBI Sidoarjo.
ENFORCEMENT OF LAWS AGAINST THE SALE OF PHISHING LINKS FOR THE PURPOSE OF PERSONAL DATA THEFT BASED ON THE ITE LAW Irawati, Hollanda Putri; Kunarso
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.802

Abstract

The rapid growth of cybercrime poses significant threats to personal data security, with phishing emerging as one of the most common methods. Phishing involves tricking individuals into revealing confidential information, and a concerning development is the creation and sale of phishing links to facilitate personal data theft. This situation raises legal questions regarding the sufficiency of current regulations to address such acts. This study aims to examine the legal framework governing the buying and selling of phishing links and to assess law enforcement efforts in handling these activities. The research applies a normative juridical method, combining statutory and conceptual approaches, and relies on the analysis of legislation and relevant legal literature. The study finds that phishing link sellers may be prosecuted under Article 34 paragraph (1) letter a in conjunction with Article 50, as well as Article 35 in conjunction with Article 51 paragraph (1) of the ITE Law. Phishing link buyers can be charged under Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the ITE Law and Article 65 paragraph (1) in conjunction with Article 67 paragraph (1) of the Personal Data Protection Law. Nonetheless, these provisions remain insufficient, as they do not explicitly regulate the sale of phishing links and leave room for multiple interpretations. Law enforcement involves preventive actions through public and institutional collaboration and repressive measures through the imposition of criminal penalties.
THE CIVIL LAW PERSPECTIVE ON LEGAL CONSEQUENCES OF SAFEGUARDING CONSUMER PERSONAL DATA IN INDONESIAN E-COMMERCE ACTIVITIES Purnomo, Mahendra Bisma Wisdha Wardana; Rijadi, Prof. Dr. Prasetijo
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.803

Abstract

The rapid evolution of digital technologies in the early decades of the 2000s has significantly transformed commerce, with e-commerce emerging as a dominant platform for transactions in Indonesia. This digital shift, while enhancing efficiency and accessibility, has raised critical legal and ethical concerns surrounding the safeguarding of consumers' personal information. In response, the Indonesian state has enacted several normative instruments, such as Law No. 11 of 2008 concerning Electronic Information and Transactions, Government Regulation No. 80 of 2019, Ministerial Regulation No. 20 of 2016, Government Regulation No. 71 of 2019, and Law No. 27 of 2022 concerning the Protection of Personal Data. This research aims to analyze the legal structure that regulates the safeguarding of personal data within Indonesian e-commerce, employing a normative juridical approach, which analyzes statutory provisions and legal theories without relying on empirical data. The study finds that while Indonesia has made notable progress in establishing regulations, challenges persist in enforcement, supervision, and public awareness. Weak implementation and limited legal remedies leave consumers susceptible to unauthorized access and exploitation of personal information. Therefore, there is a need for a harmonized, implementable, and accountable legal regime to guarantee comprehensive protection of personal data within the context of the digital economy. Strengthening institutional capacity, improving legal certainty, and ensuring accessible mechanisms for dispute resolution are essential steps toward building consumer trust and promoting accountability among digital platform providers. This study concludes that a robust legal system is critical for securing consumer rights and advancing ethical practices in Indonesia’s rapidly expanding e-commerce sector.
SETTLEMENT OF BREACH OF CONTRACT IN CREDIT AGREEMENTS WITH THIRD-PARTY VEHICLE COLLATERAL (BORGTOCHT VEHICLE) AT BPR SURASARI HUTAMA Setya, Ferri; Moersidin, Murry Darmoko
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.807

Abstract

This study examines the role of Rural Banks (BPR), particularly BPR Surasari Hutama, in managing non-performing loans secured by vehicle guarantees through non-litigation mechanisms. As financial institutions, BPRs are mandated to collect savings and distribute credit within the community, with each credit agreement (Akad Kredit) legally binding both parties through a written contract that includes a principal loan agreement and collateral provision. Employing a sociological-empirical research method, this study explores how legal norms are implemented in practice, especially in cases of credit default. BPR Surasari Hutama addresses such defaults primarily through familial mediation, emphasizing the protection of creditor and debtor rights outside formal judicial proceedings. This mediation process typically results in a written commitment from the debtor, which serves as the legal basis for the repossession of the collateral vehicle. The final step involves the debtor signing a Vehicle Handover Letter (SP3), authorizing the creditor to reclaim and sell the asset through mutual agreement. The findings indicate that this mediation-based approach, grounded in effective communication, enables efficient, court-free resolution of credit disputes. This model not only facilitates the enforcement of collateral agreements but also reinforces the importance of relational trust and cooperative negotiation in financial dispute settlement at the rural banking level.
MARRIAGE AGREEMENTS AND ASSET CONFISCATION IN MONEY LAUNDERING: INDONESIAN COURT ANALYSIS Usanti, Trisadini Prasastinah; Aryatie, Indira Retno; Limantara, Vanessa Widya
YURIS: Journal of Court and Justice Vol. 4 Issue 4 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i4.912

Abstract

This study examines the legal position of marriage agreements that eliminate joint property formation when money laundering crimes occur, focusing on the tension between contractual property separation and criminal asset confiscation. Using normative legal research methods with statutory and case analysis approaches, this study analyzes Indonesian marriage law, anti-money laundering legislation, and judicial decisions, specifically Decision Number 70/Pid.Sus-TPK/2024/PN.Jkt.Pst and its appellate decision Number 1/Pid.Sus-TPK/2025/PT DKI. The findings reveal that while marriage agreements provide legal protection for individual property rights, courts apply the "follow the money" principle to trace and confiscate assets regardless of formal ownership structures when money laundering is suspected. Marriage agreements are not recognized as absolute barriers to asset seizure if spouses cannot prove the lawful origin of their property or if evidence indicates they benefited from proceeds of crime. This study contributes to understanding the limitations of marriage agreements as protective instruments in criminal proceedings and demonstrates that substantive proof of asset origins supersedes formal contractual arrangements in money laundering cases. The research recommends that spouses executing marriage agreements maintain meticulous documentation of property origins, including purchase receipts, income records, and endorsement contracts, to avoid unjustified confiscation while acknowledging that legitimate law enforcement interests in recovering proceeds of crime may override private contractual protections.
LEGAL ANALYSIS OF RESIDENTIAL LAND OWNERSHIP RESTRICTIONS UNDER MINISTERIAL DECREE 6/1998 Permanasari, Lolita; Ngaisah, Siti
YURIS: Journal of Court and Justice Vol. 4 Issue 4 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i4.925

Abstract

Concurrent with economic expansion and demographic growth, land scarcity has intensified, necessitating state intervention to maintain equilibrium among competing stakeholders. The Basic Agrarian Law establishes land reform provisions encompassing ownership restructuring and tenure relationships, with Articles 7 and 17 mandating restrictions to prevent land concentration amongst particular groups. Despite legislative requirements that residential land ownership limitations be codified through Government Regulation, such implementing regulation remains absent. Consequently, the State Minister of Agrarian Affairs/Head of the National Land Agency promulgated Decree Number 6 of 1998, restricting residential land ownership to five parcels not exceeding 5,000 square metres cumulatively. This research employs normative juridical methodology with statute approach, examining regulatory hierarchies and enforcement mechanisms. Analysis reveals that whilst Decree 6/1998 constitutes a regulation pursuant to Law 12/2011 Article 100, fundamental deficiencies compromise its efficacy. The Decree lacks prescribed sanctions for violations, contains no supervisory mechanisms, and inadequately addresses ownership restrictions, applying solely to rights elevation rather than rights transfer mechanisms. Furthermore, hierarchical incongruence exists whereby ministerial decree implements primary legislative mandates absent intermediary Government Regulation as constitutionally required. Land office administrative systems lack comprehensive ownership data, rendering declaration verification practically impossible. These findings corroborate previous scholarship documenting weak enforcement mechanisms whilst revealing novel dimensions concerning hierarchical legitimacy and category-specific regulatory dysfunction. The absence of administrative, civil, or criminal sanctions substantially undermines legal enforcement, rendering residential land ownership restrictions ineffective in preventing ownership concentration and achieving equitable distribution objectives.

Page 10 of 11 | Total Record : 103

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