cover
Contact Name
Kukuh Tejomurti
Contact Email
kukuhmurtifhuns@staff.uns.ac.id
Phone
+6281225027920
Journal Mail Official
yustisia@mail.uns.ac.id
Editorial Address
Fakultas Hukum Universitas Sebelas Maret Jalan Ir. Sutami No. 36A, Kentingan, Surakarta Kodepos: 57126
Location
Kota surakarta,
Jawa tengah
INDONESIA
Yustisia
ISSN : 08520941     EISSN : 25490907     DOI : https://doi.org/10.20961/yustisia.v9i3
Core Subject : Social,
The scope of the articles published in Yustisia Jurnal Hukum 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, Health Law, Law and Economic, Sociology of Law and another section related contemporary issues in Law (Social science and Political science). Yustisia Jurnal Hukum 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 : Ilmu Sosial - Hukum
Articles 293 Documents
From Public Assets to Corporate Capital: Rethinking the Legal Status of Regional Assets Used as Capital and Collateral in Regional State-Owned Enterprises (BUMD) Ahmad Zuhairi; M Riadhussyah; Alwafi Ridho Subarkah; Eman Suparman; Muhamad Amirulloh
Yustisia Vol 15, No 1: April 2026
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v15i1.108383

Abstract

The legal position of regional assets utilised as capital participation in Regional State-Owned Enterprises (BUMD) engenders legal ambiguity, especially concerning their categorisation as state finances and their application as collateral in collaboration with third parties. This problem is crucial because different interpretations could make BUMD management criminally responsible if company losses are seen as state losses. This study investigates the status of regional assets designated for capital involvement within state finances and their potential use as collateral. The study utilises a normative legal methodology encompassing legislative, conceptual, and analytical frameworks. The findings indicate that regional assets conveyed as capital participation represent a legitimate transfer to the business as an independent legal entity and ought not to be regarded as state losses. However, assets that are classified as usage rights are still regional property and cannot be used as collateral. This study suggests that the laws of state finance, corporate law, and anti-corruption law should all be made to work together. It also states that clearer legal regulations should be established on the management of regional assets in BUMD to ensure the law is unambiguous.
Social Inclusion and Constitutional Justice: Reassessing Equality and Affirmative Protection in Indonesia Ismail Hasani; Sayyidatul Insiyah; Halili Halili
Yustisia Vol 14, No 3: December 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i3.101975

Abstract

Social inclusion has emerged as a significant subject in development governance. Yet, its constitutional base within Indonesia’s legal framework remains inadequately examined, especially during periods of political leadership transition. The article examines the constitutional foundation of social inclusion as delineated in the 1945 Constitution of the Republic of Indonesia. It assesses its execution during the initial phase of President Prabowo Subianto’s administration. This study employs a literature-based methodology alongside a normative-constitutional and philosophical framework to analyse constitutional provisions, statutory frameworks, policy texts, and empirical data sourced from national and worldwide social inclusion indices. The findings reveal that social inclusion is a constitutional imperative grounded in Pancasila, expressed through comprehensive assurances of equality, non-discrimination, and proactive safeguarding for marginalised groups. Nonetheless, empirical data indicate ongoing structural exclusion impacting women, individuals with disabilities, religious or belief minorities, and indigenous populations. The article enhances legal study by reframing social inclusion as a mandatory constitutional duty rather than an optional policy initiative, while providing a cohesive analytical framework that connects constitutional law, human rights, and inclusive governance. The study focuses on the imperative of integrating inclusive governance as a fundamental legislative norm to promote substantial social justice in Indonesia.
Different Legal Origins, Equal Evidentiary Force: A Comparative Study of Redistribution and Sale-Based Land Certificates in Indonesia Nurbaedah Nurbaedah
Yustisia Vol 15, No 1: April 2026
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v15i1.109908

Abstract

In the unified land registration system of Indonesia, the land title certificates are the primary evidence of ownership. Certificates issued through land redistribution and private sale have the same legal validity under the same registration framework, but their different legal origins present unsolved concerns of legal certainty, property rights, and agrarian justice. There is a large number of literature on land redistribution, land markets, and tenure security in Vietnam, China, and the Philippines, but little study on how different acquisition mechanisms affect the evidentiary character of land certificates in a single registration system. This study aims to fill such a gap by legal research using statutory, conceptual, and comparative methods. The results reveals that redistribution and sale-based certificates have the same evidentiary strength as strong but rebuttable proof of ownership under Indonesian land law. But they vary considerably in terms of legal origin, transferability, administrative constraints, and policy purposes. The market-oriented certificates are meant to expedite the process of property sales, while the redistribution certificates have temporary transfer restrictions to maintain the aims of agrarian reform. The findings position Indonesia within the global debate on balancing market efficiency and social justice in land governance. This study claims that Indonesia's unified land registration system demonstrates how certificates with equal legal validity can embody different property rights while promoting legal certainty, equitable land distribution, and sustainable land governance