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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 111 Documents
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Reformulating Indonesian Bankruptcy Law: Substantive Justice and Good Faith Sisca Utami Damajanti
YURIS: Journal of Court and Justice Vol. 5 Issue 1 (2026)
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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; Manuel Valencia Albeti Susanto
YURIS: Journal of Court and Justice Vol. 5 Issue 1 (2026)
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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 Recha Redian; Bangun Patrianto
YURIS: Journal of Court and Justice Vol. 5 Issue 1 (2026)
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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.
The Good Faith Principle and the Transformation of Contract Law in a Globalized Legal Order Dahris Siregar
YURIS: Journal of Court and Justice Vol. 5 Issue 1 (2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i1.942

Abstract

By examining the viewpoint of international law and comparing the global legal system. This study attempts to assess how the concept of good faith has changed in the context of contract law in the age of globalization. The issue raised by Article 1338 of the Civil Code, which describes Indonesia's good faith notion, serves as the study's backdrop, is still declarative and lacks adequate operational power. This situation diminishes the parties' protection and results in inconsistent application of contract law. This research is urgent because more cross-border transactions and digital contracts are required, which calls for global criteria of integrity and fairness. The method is normative juridical research with a descriptive-analytical approach, utilizing secondary legal materials from relevant scientific literature in addition to primary legal resources in the form of national and international legal instruments. The effort to create a concept of good faith principle change that is realistic and in line with global practice, in order to incorporate it into Indonesian law without ignoring the characteristics of civil law, is what distinguishes this research from others. The study's findings demonstrate how, globally, the application of the good faith notion has changed from moral to legally required standards. Indonesia must follow suit by establishing specific normative standards in order to make its national contract law more adaptable to the forces of globalization and technological advancements.
Beyond Criminal Law: Repositioning Administrative Law as the Primary Instrument of Anti-Corruption Enforcement in Indonesia Ade Kosasih; Iskandar; Yamani M; Muslih Ahmad; Rami Putri Redani
YURIS: Journal of Court and Justice Vol. 5 Issue 2 (2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i2.993

Abstract

Corruption in public administration is largely rooted in the abuse of authority by public officials in exercising governmental powers. In Indonesia, anti-corruption strategies have predominantly relied on criminal law enforcement, which tends to address corruption only at the symptomatic level rather than tackling its structural causes. This study argues that administrative law should function as a primary instrument (primum remedium) in combating corruption, given its central role in regulating the exercise of public authority and ensuring accountability in governance. This research employs a normative juridical method with an explanatory approach, using statutory, conceptual, and doctrinal analyses of legal materials derived from legislation, court decisions, and international anti-corruption instruments. The findings indicate that the limited effectiveness of corruption eradication in Indonesia is closely related to weak preventive administrative mechanisms, non-independent internal supervision, and ineffective enforcement of administrative sanctions against abuse of power. Strengthening administrative law enforcement through preventive, repressive, and restorative mechanisms can significantly enhance anti-corruption governance. Key reforms include merit-based recruitment of public officials, independent administrative oversight, stricter monitoring of officials’ assets, digitalization of public services, and the firm application of administrative sanctions without waiting for criminal conviction. These measures can improve institutional accountability and strengthen good governance as a structural strategy to prevent corruption.
Consumer Protection Against Electronic Goods Damage: A Case Study of JNE Expedition Indonesia Nadilla Azzachrani; Fendi Setyawan; Yusuf Adiwibowo
YURIS: Journal of Court and Justice Vol. 5 Issue 2 (2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i2.999

Abstract

The rapid expansion of e-commerce in Indonesia has increased reliance on logistics service providers, yet the multi-party structure of marketplace transactions creates accountability gaps that leave consumers inadequately protected when goods are damaged in transit. This study examines three interrelated issues: the legal relationships among sellers, logistics providers, and consumers in online transactions; the normative basis for consumer protection where electronic goods are damaged during delivery; and the dispute resolution mechanisms available to affected consumers. Employing a normative juridical research design with statute and conceptual approaches, this study analyses the applicable Indonesian legal framework, including Law Number 8 of 1999 concerning Consumer Protection, the Indonesian Civil Code, Law Number 19 of 2016 concerning Electronic Information and Transactions, Law Number 7 of 2014 concerning Trade, Government Regulation Number 71 of 2019, and Ministerial Regulation Number KM 5 of 2005 concerning the Operation of Courier Services. The findings establish that the legal relationship between sellers and consumers constitutes a sale and purchase agreement, the relationship among sellers, logistics providers, and consumers constitutes a goods delivery relationship, and the relationship among the marketplace, seller, and logistics provider constitutes a tripartite cooperation arrangement. The study further finds that while the statutory framework provides a legally sufficient basis for consumer claims, structural fragmentation of responsibility across parties undermines effective redress in practice. These findings extend prior scholarship by identifying a specific accountability gap at the intersection of platform governance and logistics regulation that warrants targeted legislative reform.
PPJB Power of Attorney to Sell: Validity, Land Rights Registration, and Normative Gaps Under Indonesian Law Maudy Fadhilah
YURIS: Journal of Court and Justice Vol. 5 Issue 2 (2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i2.1005

Abstract

The Sale and Purchase Binding Agreement (PPJB) has become a prevalent instrument in Indonesian land transactions; however, the legal standing of the power of attorney to sell embedded within it remains contested in practice. The specific point of contestation concerns the boundary between a prohibited absolute power of attorney under the Instruction of the Minister of Home Affairs Number 14 of 1982, which bans its use as a covert mechanism for transferring land rights, and a lawful irrevocable power of attorney that is accessory to a fully paid PPJB. A further unresolved problem concerns the legal mechanism by which final and binding court decisions may serve as the basis for land rights registration at the National Land Agency (BPN), particularly where the PPJB and power of attorney mechanism has failed due to the seller's non-cooperation. This study employs normative legal research through statutory and conceptual approaches, drawing on primary, secondary, and tertiary legal materials. The study establishes five cumulative conditions for the legal validity of the power of attorney to sell within a fully paid PPJB, grounded in Articles 1320, 1792, and 1796 of the Civil Code and the applicable agrarian regulations. It further concludes that the BPN's obligation to implement a final court decision ordering land rights registration is ministerial rather than discretionary, and that any refusal constitutes an ultra vires act subject to challenge before the State Administrative Court. The study also identifies the court-appointed power of attorney as a significant normative gap in Indonesian positive law and proposes concrete legislative and regulatory interventions to strengthen legal certainty in Indonesian land transactions.
Digital Transformation of Land Administration: Strengthening Good Land Governance and Legal Certainty in Indonesia Sisca Utami Damajanti
YURIS: Journal of Court and Justice [IN PRESS] Vol. 5 Issue 3 (2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i3.1047

Abstract

Land administration in Indonesia continues to face persistent problems, including overlapping ownership claims, land disputes, document forgery, and inconsistencies between physical and juridical data, conditions that underscore the importance of legal certainty in the governance of land rights. In response, the Government of Indonesia has pursued the digital transformation of land services, including electronic certificates and integrated land databases, as part of its broader bureaucratic reform agenda. This study aims to analyze how the digital transformation of land administration strengthens the application of Good Land Governance principles and enhances legal certainty over land rights, while identifying the challenges that continue to constrain its implementation. The study employs normative legal research using statutory, conceptual, and analytical approaches, examining primary legal materials, including the 1945 Constitution, the Basic Agrarian Law, Government Regulation Number 18 of 2021, and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1 of 2021, alongside secondary legal literature. The findings show that digital transformation strengthens transparency, accountability, effectiveness, efficiency, and legal certainty in land administration, while reducing opportunities for maladministration and document fraud. However, its success remains constrained by uneven technological infrastructure, cybersecurity risks, personal-data-protection requirements, limited inter-agency interoperability, and uneven human-resource readiness, all of which require continued regulatory and institutional strengthening.
Non-Custodial Sanctions under Indonesia's Criminal Code Reform: A Comparative Analysis through the Lens of Islamic Legal Theory Ria Anggraeni Utami; Herlambang; Antory Royan Adyan
YURIS: Journal of Court and Justice [IN PRESS] Vol. 5 Issue 3 (2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i3.1002

Abstract

This study explores the integration of non-custodial sanctions under Indonesia's new Criminal Code (Law No. 1/2023). It addresses the issue of prison overcrowding by analyzing these alternative sanctions from a modern and Islamic legal perspectiv. The objective of this study is to understand the effectiveness of non-custodial sanctions and the contribution of Islamic principles in developing a more humane and just penal system This research applies a normative juridical method utilizing statutory, conceptual, and comparative approaches. Data analysis is conducted through a qualitative analysis of primary and secondary legal sources using a prescriptive-analytical approach. The findings indicate that non-custodial sanctions are highly relevant to Islamic legal theory, particularly within the framework of ta’zir, which is flexible and educative in nature. The principles of justice (al-‘adl), public welfare (al-maslahah), and prevention (al-zajr) in Islamic law support the application of alternative punishments such as community service, fines, and rehabilitation in order to achieve social restoration. In conclusion, the strengthening of non-custodial sanctions aligns with the concept of maqashid al-shari’ah and offers a more humane and effective solution in achieving the objectives of modern sentencing.
Conceptualizing an Ideal Rehabilitation Policy for Children in Conflict with the Law in Indonesia Helda Rahmasari; Herlambang; Antory Royan Adyan; Putri Lestari
YURIS: Journal of Court and Justice [IN PRESS] Vol. 5 Issue 3 (2026)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v5i3.1024

Abstract

This study examines the conceptualization of an ideal rehabilitation policy for children in conflict with the law within the juvenile criminal justice system in Indonesia. Although existing studies have examined juvenile rehabilitation from legal and social perspectives, few have offered an integrated conceptual framework that connects restorative justice principles with the institutional and coordination challenges specific to Indonesia's justice system. The research employs normative legal research using statutory and conceptual approaches, analyzing legal norms, doctrines, and regulations related to child protection, restorative justice, and rehabilitation. The findings indicate that rehabilitative treatment constitutes an essential approach in handling juvenile offenders, as children require protection, guidance, and social reintegration rather than punitive treatment. However, the implementation of this approach in Indonesia still encounters several obstacles, including limited treatment facilities, insufficient professional human resources, lack of coordination among institutions, and the persistence of punitive paradigms among law enforcement officials. In addition, social stigma against children in conflict with the law often hinders the reintegration process. Therefore, an ideal policy must integrate restorative justice principles, comprehensive intervention programs, inter-agency cooperation, and community participation, structured around a coordinated institutional model rather than isolated sectoral efforts, to ensure the fulfillment of children's rights and their future development. Such a policy is expected to create a more humane juvenile criminal justice system that prioritizes the best interests of the child while preventing recidivism.

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