cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
pasca@usm.ac.id
Editorial Address
Pasca Sarjana Program Studi Magister Hukum Universitas Semarang (USM) Jl Soekarno Hatta Tlogosari Semarang
Location
Kota semarang,
Jawa tengah
INDONESIA
Jurnal Ius Constituendum
Published by Universitas Semarang
ISSN : 25412345     EISSN : 25808842     DOI : 10.26623
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal Ius Constituendum a scientific journal that includes research, court decisions and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the new in the field of the legal studies in accordance with the character of ius constituendum. Journal Ius Constituendum periodic journal published twice a year in April and October, has been indexed SINTA 3 (Accredited by the Directorate General of Research And Development of the Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number 36/E/ KPT/2019). Registered as a member of Crossref system with Digital Object Identifier (DOI) prefix 10.26623. All articles will have DOI number.
Arjuna Subject : -
Articles 11 Documents
 1   2 
Search results for , issue "Vol. 10 No. 2 (2025): JUNE" : 11 Documents clear
Protection of Notaries as Controllers and Processors of Personal Data of Litigants Hartanto, Stefanie; Putri, Prisilia Permata
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.11895

Abstract

This research examines the prevention and protection measures that can be taken by notaries in their dual role as controllers and processors of personal data. This research is motivated by the limited awareness of some notaries regarding their legal obligations to protect the personal data of witnesses, as mandated by the Personal Data Protection Law (UUPDP). This research contributes new insights by framing notaries as Controllers and Processors under the UUPDP, an aspect that has rarely been emphasized in previous legal literature. The novelty of this study lies in its specific focus on notaries’ dual capacity as both Controllers and Processors of personal data under Indonesian law, particularly in the context of witness data handling an area that has not been thoroughly examined in existing scholarship. Using normative juridical methods with statutory and conceptual approaches, this study found that notaries have dual responsibilities in managing witness data and must proactively comply with the UUPDP to prevent legal risks. These responsibilities include obtaining approvals, establishing internal data protection policies, and implementing secure technologies such as encryption and regular audits. Strengthening the role of notaries in personal data protection will foster greater legal certainty and public trust in the notary profession. The integration of these findings with practical recommendations emphasizes the need for regulatory guidance and professional capacity building to support compliance with personal data protection standards.  
Potential Violations of the Right to a Good and Healthy Environment: The Impact of Granting Special Mining Permits on Religious Community Organizations Kurdi, Kurdi; Joko Cahyono; Cut Zulfahnur Syafitri
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.11847

Abstract

This study aims to critically examine the potential violations of the constitutional right to a good and healthy environment arising from the government’s policy of granting Special Mining Business Permit Areas (WIUPK) to religious community organizations. The urgency of this research is based on concerns that these organizations, lacking adequate technical competence, may exacerbate environmental degradation, perpetuate violations left by previous permit holders, hinder the transition to renewable energy, and obstruct access to justice for victims of environmental harm. Using a normative juridical method with legislative and conceptual approaches, this study analyzes the policy from the perspective of environmental human rights, a focus absent in prior research. The findings reveal that the policy has a strong potential to violate the right to a good and healthy environment and contradicts the state’s obligation to protect human rights as guaranteed by the 1945 Constitution. The novelty of this research lies in its emphasis on the conflict of interest between the traditional role of religious organizations as community advocates and their new role as mining operators. Therefore, it is recommended that the government review and revoke the priority granting scheme for WIUPK and consider alternative participation models for religious organizations through non-operational mechanisms such as community development funds or minority non-controlling share ownership.
Declaration of a Corruption-Free Zone In the Prosecutor’s Office from the Perspective of Legal Theory R. Muhamad Ibnu Mazjah; Kurdi Kurdi
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.11935

Abstract

This study aims to analyze the application of psychoanalytic and empiricist learning theories in human resource (HR) development and to examine the function of law in fostering compliance through the Integrity Zone at the Trenggalek District Attorney's Office. The urgency of this study lies in the importance of the integrity and professionalism of prosecution officials as a foundation for ensuring just legal certainty. This research employs a normative legal method with a statutory and conceptual approach. The findings indicate that effective HR management reflects a psychoanalytic aspect (internal mentality) influenced by empirical factors (work environment and infrastructure) as a driving force. This driving factor is then engineered through law to shape behavior. The novelty of this research is positioning the Integrity Zone not merely as an administrative program, but as an instrument of legal engineering that consciously applies learning theories to control and prevent behavioral deviations. In conclusion, administrative law, through the declaration of an Integrity Zone, serves as a strategic tool for building a culture of compliance and accountability within law enforcement institutions.
Substance Over Form vs Authentic Deed: Liability and Legal Certainty for VAT Transfer of Land Wijara Yasa, I Made Rai; Ida Ayu Sadnyini, Ida Ayu Sadnyini
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.11959

Abstract

This study analyzes the legal implications of applying the substance over form principle in VAT imposition on land transfer transactions vis-a-vis authentic deeds, aiming to assess the legal liability and legal certainty. The urgency of this research is that the rise of formal transactions that obscure the economic substance of land transfer has challenged the effectiveness of VAT enforcement in Indonesia. The approach used in this research is a normative legal approach, which analyzes related regulations and literature documents. The research results concluded that legal responsibility for authentic deeds that do not fulfill the substance over form principle in the imposition of VAT depends on the condition of who violates the lawful cause clause in making the deed, so that legal responsibility can be borne by the PPAT and/or the parties. The principle of substance over form is only regulated in income tax regulations. In civil law, this principle is not regulated and explained, but with this principle, it can be proven that an authentic deed was made without a lawful cause as per Article 1320 of the Civil Code. Substance over form can give rise to new legal consequences for PPAT or parties in the transaction, even though it is not explicitly regulated in VAT regulations. This study is one of the few legal studies that highlights the gap between the practice of imposing VAT and the authenticity of PPAT deeds in the context of the substance over form principle.
Child Protection in the Digital Age: A Review of the Preventive Law Child Pornography Mardika, Nando Yussele; Prabaningrum, Dyah Retna
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.12007

Abstract

This research aims to analyse the preventive legal role of the Ministry of Communication and Digital (Komdigi) in combating child pornography content on social media through a normative legal framework. The rise of content containing pornographic elements is increasing in this era of development. Therefore, Komdigi as a government institution has an essential role in handling and preventing pornographic content on social media accounts. This research approach uses the normative method by using written laws and regulations and other legal materials as references. This study concludes that there is a legal basis that regulates child pornography, but there are still shortcomings in the existing legal instruments. Furthermore, in making preventive legal efforts, Komdigi blocks pornographic content through the crawling method and collaborates with other agencies to present child-friendly content. However, in the process, there are still some obstacles. Komdigi carries out a strategic role through the crawling method to block harmful content and cooperates with other agencies to present child-friendly content. The novelty of this study lies in emphasising the institutional-based prevention dimension that supports the implementation of Pancasila values in digital space governance. This study contributes by highlighting Komdigi's strategic prevention function in grounding Pancasila values through digital content governance, an aspect that is not widely discussed in previous legal studies
Legal Certainty of The Positive Fictive Policy In Business Licensing Through The Online Single Submission Risk-Based Approach System In Indonesia Nurhayati, Nunik; Giftian Fajri Rustyono; Achmad Miftah Farid; Rohmad Suryadi
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.12009

Abstract

This study aims to analyze the positive fictitious licensing policy under the Job Creation Law and assess its legal certainty using Gustav Radbruch’s philosophical framework. The background of this research arises from Indonesia’s legal reform agenda to streamline licensing through the OSS-RBA system. However, this reform raises concerns regarding legal certainty and institutional accountability. The urgency of this study lies in the regulatory ambiguity, lack of procedural safeguards, and removal of judicial oversight. Using a normative juridical method with statutory and conceptual approaches, the study finds that the current policy does not fully meet Radbruch’s four standards of legal certainty. Specifically, it suffers from unclear legal norms, insufficient factual grounding, unstable legal framework, and weak institutional implementation—such as the absence of a Presidential Regulation, undefined verifier responsibilities, and lack of integration between central and local systems. The study concludes that the positive fictitious mechanism needs substantial normative refinement to ensure fairness, transparency, and predictability. The novelty of this research lies in its philosophical approach to evaluating administrative legal reform, offering a deeper lens beyond procedural analysis. As a policy implication, the government should urgently issue implementing regulations, reestablish judicial review, and develop integrated technical guidelines to strengthen OSS-RBA's legal reliability and effectiveness.
Corporate Responsibility for Environmental Damage from The Perspective of Unlawful Acts and Environmental Justice Dahliani Dahliani; Hadi Tuasikal
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.12020

Abstract

The purpose of this study is to analyze the application of the principles of unlawful acts and environmental justice to companies, obstacles to law enforcement, and the monitoring and enforcement system related to environmental damage in Indonesia. Environmental damage caused by corporate activities is a global issue. Companies often ignore ecological impacts, threaten biodiversity, and harm surrounding communities, requiring strict law enforcement. Law enforcement against companies that damage the environment in Indonesia faces major obstacles, such as a lack of effective supervision, corruption, and political influence, which hinder corporate responsibility for environmental damage. This study offers a novel perspective by focusing on the legal responsibility of perpetrators of land damage, moving beyond previous research that primarily discussed the government's right to sue for unlawful acts. This study uses a normative juridical approach with analysis of legal regulations, principles of corporate responsibility, and environmental justice, using secondary data analyzed qualitatively. The results indicate that corporate responsibility for environmental damage from the perspective of unlawful acts and environmental justice in Indonesia still faces obstacles. Although regulations govern corporate responsibility, applying the principles is ineffective due to political influence, corruption, and weak monitoring. Strengthening regulatory institutions, implementing transparent reporting systems, and imposing stricter sanctions on companies damaging the environment are important steps to ensure justice. Developed countries can serve as models for improving Indonesia’s law enforcement system.
Legal Protection of Customary Forests of the Awyu Tribe in South Papua From a National and International Law Perspective Kristin, Nonce Kristin Gaman; Dwi Pratiwi Markus; Hadi Tuasikal
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.12042

Abstract

Amid the expansion of extractive industries that threaten ecosystems and marginalize indigenous communities, the Awyu Tribe in South Papua faces increasing pressure over the ownership and protection of their customary forests. This study aims to explore the ownership conflict of Awyu customary forests, assess the effectiveness of national and international legal frameworks, and evaluate the implementation of state policies in securing indigenous rights and ecological justice. The urgency of this issue lies in the persistent neglect of the Awyu people's legal standing, where regulations often fail to reflect their lived realities and cultural values. Using a normative legal method, the research applies statutory, conceptual, comparative, and case-based approaches, relying on secondary data sourced from literature and analyzed through qualitative-descriptive techniques. Findings indicate that although both national and international law recognize indigenous rights, implementation on the ground is obstructed by bureaucratic inefficiencies and competing economic interests. The principle of Free, Prior, and Informed Consent (FPIC) is frequently disregarded, resulting in systemic land dispossession and environmental degradation. This research offers a novel perspective by integrating fragmented legal mechanisms into a cohesive approach to indigenous forest protection. As a normative recommendation, the study calls for stronger enforcement of FPIC, institutional reform to reduce regulatory bias, and the meaningful inclusion of indigenous voices in policy formulation and implementation.
Legal Responsibilities Of Bandung's OKKO Bakery In Ensuring Product Safety Under Consumer Protection Law Number 8 of 1999 Andi Khuswatun Khasana; Amad Sudiro
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.12065

Abstract

This research aims to investigate the legal liability of OKKO Bandung bakery regarding product safety compliance under Indonesia's Consumer Protection Law No. 8 of 1999, particularly following a BPOM investigation that identified unauthorized food additives in their bread products. The urgency of this study stems from increasing violations of consumer rights in the food industry, where producers fail to meet safety standards, potentially endangering public health. This research employs a comprehensive qualitative methodology, combining normative legal analysis with empirical fieldwork through structured interviews and systematic observations. The study reveals that producers bear significant legal obligations to ensure product safety, provide transparent product information, and offer appropriate compensation for damages. This research contributes new insights through its unique combined normative-empirical approach, analyzing actual court precedents demonstrating implementation gaps between legal theory and enforcement reality. The study proposes specific regulatory reforms, including mandatory third-party ingredient verification, enhanced supply chain transparency, and strengthened inter-agency coordination to effectively safeguard public health and consumer interests.
The Responsibility Of Business Actors In The Distribution of Blue-Labeled Skincare Products Through E-Commerce Based on Law Number 8 of 1999 Ardhelia Putri Salsabila; Christine S.T. Kansil
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.12066

Abstract

This study analyzes the legal responsibility of business actors in distributing blue-labeled skincare products through e-commerce platforms, particularly in relation to violations of Law Number 8 of 1999 on Consumer Protection, BPOM regulations, and the Electronic Information and Transactions Law. The urgency of this research arises from the widespread circulation of unauthorized dermatological products sold without BPOM approval, posing serious health risks to consumers in the digital marketplace. Employing a normative juridical method with a statutory and literature approach, this study examines the fragmentation of regulatory frameworks, liability avoidance strategies, and the ineffectiveness of current enforcement mechanisms. The findings reveal that business actors exploit regulatory gaps to avoid accountability and that existing laws are reactive and insufficient for digital contexts. This research contributes novelty by integrating pharmaceutical and e-commerce law in analyzing liability and proposes regulatory reforms that include platform liability mandates, automated monitoring systems, and public awareness campaigns. The study concludes that stricter law enforcement, increased regulatory oversight, and comprehensive stakeholder education are essential to protect consumers and ensure legitimate commerce in Indonesia's digital era.

Page 1 of 2 | Total Record : 11

 1   2 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol. 11 No. 1 (2026): FEBRUARY Vol. 10 No. 3 (2025): OCTOBER Vol. 10 No. 2 (2025): JUNE Vol. 10 No. 1 (2025): FEBRUARY Vol. 9 No. 3 (2024): OCTOBER Vol. 9 No. 2 (2024): JUNE Vol. 9 No. 1 (2024): FEBRUARY Vol 8, No 3 (2023): OCTOBER Vol 8, No 2 (2023): JUNE Vol 8, No 1 (2023): FEBRUARY Vol. 7 No. 2 (2022): OCTOBER Vol 7, No 1 (2022): APRIL Vol 6, No 2 (2021): OKTOBER Vol 6, No 1 (2021): APRIL Vol. 5 No. 2 (2020): OCTOBER Vol 5, No 1 (2020): APRIL Vol. 4 No. 2 (2019): OCTOBER Vol 4, No 1 (2019): April Vol. 3 No. 2 (2018): OCTOBER Vol 3, No 1 (2018): April Vol. 3 No. 1 (2018): April Vol. 2 No. 2 (2017): OCTOBER Vol 2, No 1 (2017): April Vol 1, No 2 (2016): Oktober More Issue