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Yurisdiksi: Jurnal Wacana Hukum dan Sains
ISSN 2086-6852 · Law Faculty Merdeka University Surabaya · 386 artikel di indeks
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Artikel Jurnal
Conceptualization of Crypto Asset As A Collateral Object In Indonesian Positive Law
The development of digital technology has given rise to crypto assets as a new form of digital wealth with economic value and can be legally traded in Indonesia, based on Bappebti regulations. However, their legal status as fiduciary collateral remains controversial because Indonesian property law…
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Artikel Jurnal
Legal Protection of Workers In Employment Termination Disputes Without Judicial Review
This study examines legal uncertainty in the resolution of employment termination disputes resulting from the absence of regulation on the extraordinary legal remedy of judicial review (Peninjauan Kembali) under Law Number 2 of 2004 on the Settlement of Industrial Relations Disputes. The research…
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Artikel Jurnal
The Impact of the KPK Law Revision on Prosecutorial Authority
Corruption is an extraordinary crime that has far-reaching impacts on state finances, the legal system, and public trust. In combating corruption, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi/KPK) and the Public Prosecutor’s Office (Kejaksaan) play strategic roles…
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Artikel Jurnal
Presidential Authority to Grant Abolition under the 1945 Constitution of Indonesia
This study aims to analyze the President’s authority to grant abolition as regulated under Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia and to examine its implications for the rule of law and the principle of checks and balances within the Indonesian constitutional…
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Artikel Jurnal
Implementation of The Obligation To Provide Free Notarial Services For Underprivate People In Malang
The implementation of the obligation to provide free notarial services in Malang City has not been effective as mandated in Article 37 paragraph (1) of Law Number 2 of 2014 concerning the Notary Position (UUJN). The provisions that emphasize the obligation of notaries to provide free legal services…
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Artikel Jurnal
Legal Protection for Housing Developers under Protected Rice Field Policy
This research examines the legal implications arising from the unilateral conversion of land ownership status into Protected Rice Fields (Lahan Sawah Dilindungi or LSD) in Madiun Regency following the issuance of the Decree of the Minister of Agrarian Affairs and Spatial Planning/National Land…
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Artikel Jurnal
Legal and Criminological Analysis of Cryptocurrency Money Laundering in Supreme Court Cassation Decision
The development of financial technology through blockchain-based crypto assets has given rise to new patterns of economic crime, particularly money laundering offenses. The decentralized, anonymous, and cross-jurisdictional characteristics of crypto assets make them an effective means of concealing…
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Artikel Jurnal
Physical And Sensory Disabilities: Legal Certainty And Justice In The Notary Profession
This study examines the legal issues regarding the requirements for appointment as a Notary as regulated in Article 3 of the Notary Law (UUJN), with a focus on the regulation of physical and sensory disabilities. The background of this study is the incompleteness of norms in the UUJN which has the…
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Artikel Jurnal
The Urgency of Regulating Priority Rights for Former Land Rights Holders Over Management Rights
Regulations regarding management rights are still considered sporadic and fragmented, making the substance of management rights difficult to understand. One of the authorities of the holder of management rights is to use and utilize all or part of the land with management rights for their own use…
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Artikel Jurnal
Implementation of Agrarian Reform On Assets And Equitable Access To Reform In Batu City
Agrarian reform is a strategic state policy aimed at realizing agrarian justice through the restructuring of land control, ownership, use, and utilization accompanied by community empowerment as the subject of agrarian reform. However, the implementation of agrarian reform at the local level…
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Artikel Jurnal
The Regulatory Design of Prosecutors’ Authority in Terminating Narcotics Cases under Restorative Justice
Narcotics abuse in Indonesia not only generates social and criminological problems but also raises normative challenges within the criminal justice system, particularly concerning the orientation of punishment and the prosecutorial authority of the public prosecutor. Although Law Number 35 of 2009…
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Artikel Jurnal
Workers’ Rights In Bankrupt Companies
Corporate bankruptcy is a legal condition that directly affects the continuity of employment relationships between employers and workers/laborers. In practice, workers often find themselves in a weak position when a company is declared bankrupt, particularly regarding the fulfillment of normative…
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Artikel Jurnal
Affirmative Action As An Effort To Realize Justice For Poor Communities In Legal Aid Services
This article analyzes the application of affirmative action (AA), or the Right to Facilities and Special Treatment (Hak Kemudahan dan Perlakuan Khusus/HKPK), in the provision of legal aid for poor communities in Batu City through the perspective of John Rawls’s theory of distributive justice. This…
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Artikel Jurnal
Certainty of Determining Heirs of Different Religions And Implications In Preparing An Inheritance Certificate
This study aims to analyze the legal certainty in determining heirs of different religions and its implications in the issuance of a Certificate of Inheritance (SKW) in the Indonesian legal system. The problem of interfaith inheritance creates a dilemma between the normative provisions of Islamic…
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Artikel Jurnal
Rehabilitation of Notary Offices After Cancellation of Dishonorable Dismissal In Protection of Notary Rights
Indonesia, as a country governed by the rule of law, places law as the foundation for governance and the protection of citizens' rights. In ensuring legal certainty for various legal acts, notaries play a crucial role as public officials authorized to issue authentic deeds. However, in practice…
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Artikel Jurnal
Legal Analysis of Amendments To Marital Property Separation Agreements In Civil Law Perspective
Marital property separation agreements are governed by Article 29 of Law Number 1 of 1974 on Marriage and Articles 139–148 of the Indonesian Civil Code, which originally restricted their execution to the period prior to marriage. The issuance of Constitutional Court Decision Number…
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Artikel Jurnal
Resolution of Insurance Disputes from Defective Consent After Constitutional Court Decision
Human life is inseparable from concerns regarding the welfare of family members left behind after the death of the primary breadwinner. Insurance has become an integral part of modern human life, serving to maintain life balance and ensure the economic stability of families when the breadwinner…
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Artikel Jurnal
Reformulation of Article 412 Law Number 1 of 2023on Cohabitation from a Legal Certainty Perspective
The criminalization of cohabitation under Article 412 paragraphs (1) and (2) of Law Number 1 of 2023 on the National Criminal Code raises significant juridical concerns, particularly with regard to legal certainty and proportionality. This study focuses on examining the juridical implications…
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Artikel Jurnal
Civil Liability of Notaries in The Execution of Bank Credit Agreement Deeds Based on Invalid or False Documents
This study aims to analyze the limits of a notary’s civil liability in the preparation of banking credit agreement deeds based on materially inaccurate documents, as well as to examine the juridical implications for the validity of authentic deeds and the legal relationships between the parties…
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Artikel Jurnal
Bank Precautionary Principles Against Fraud In Ijarah Muntahiya Bit Tamlik Agreements
The development of financing products in Islamic banking in Indonesia has encouraged the use of various contracts that comply with Sharia principles, including the Ijarah Muntahiya Bit Tamlik (IMBT) contract. IMBT combines a leasing mechanism (ijarah) with the transfer of asset ownership to the…