Jurnal Ius Constituendum
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.
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<![CDATA[Utilization of Nuclear Electricity in the Paradigm of Progressive Legal Theory ]]>
<![CDATA[Taufik, Muhammad]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8284
<![CDATA[The purpose of this research is to examine the risks of utilizing nuclear power in terms of emission, footprint, ecosystem, and waste, examine the utilization of nuclear power in supporting the green economy, and examine the format of new and renewable energy law reform in the utilization of nuclear power as new energy in the paradigm of progressive legal theory. The research is motivated by the negative perception of nuclear energy without detailing the potential and advantages of nuclear energy through the application of nuclear power plants. Then, highlighting doubts about the use of nuclear energy in the green economy development agenda, as well as highlighting legal challenges in the framework of nuclear energy regulatory reform in Indonesia contained in the Draft Law on New and Renewable Energy (RUU EBT), By using normative and comparative juridical approaches, this research finds positive impacts of nuclear energy on the environment and green economic development by taking France as a successful example. To overcome legal problems in RUU EBT, this study recommends the application of a progressive legal approach in the formation of a legal policy model, as has been applied by the People's Republic of China (PRC) and Norway.]]>
<![CDATA[Legal Protection for Ownership of Land Rights in Housing Profit Sharing Agreements ]]>
<![CDATA[Yunaitis, Yunaitis]]>;
<![CDATA[Arlina, Sri]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8267
<![CDATA[This study aims to provide solutions and knowledge to legal protection, especially in ownership of land rights in performing housing benefit sharing agreements in Pekanbaru City, in addition, this study also aims to find out the application of such legal protection to land ownership rights by sharing the proceeds of such housing. It is expected that there will be no more intersections of legal certainty about housing sharing agreements among communitiesThe type of research used by the authors is the Normative Law method, As for the result of this study, the legal protection related to ownership of land rights in the housing sharing agreement specifically in the city of Pekanbaru can refer to Article 1338 paragraph (3) of the Civil Code, which says that the agreement must be executed in good faith, Where the deed of construction agreement containing the rights and obligations of the parties is a deed made in front of a notary that is authentic so that in the presence of such an agreement it becomes a law among them, whereas in its specific application in Kota Pekanbaru Land division cooperation is carried out according to the principle for units, the share of land owners in the form of ownership of house units with a certain percentage, as well as the developer also gets a share of the number of units according to the agreement. The size of each party's share depends on the price of the house unit. Where the higher the price of the house, the greater the share of the owner of the land, so that the parameters of its division correspond to the agreement promised in advance.]]>
<![CDATA[Creditor's Responsibility for Forced Withdrawal of Fiduciary Objects After Constitutional Court Decision No. 18/PUU-XVII/2019 ]]>
<![CDATA[Abyan, Nabil Luthfi]]>;
<![CDATA[Rizkianti, Wardani]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8316
<![CDATA[This research aims to examine the changing dynamics of fiduciary security execution after Indonesian Constitutional Court Decisions No. 18/PUU-XVII/2019. The focus of this research lies on the creditor's responsibility in the context of forced withdrawal of the fiduciary object after the debtor's failure. This research uses a normative juridical research method with a legal source approach and case analysis. Through in-depth analysis of legal sources such as the constitution, laws, and relevant court decisions, this research identifies significant changes in the practice of fiduciary security execution. The case approach is used to understand the implementation of legal decisions in concrete situations. The results show that, in the case of a default agreement, parate execution can be an acceptable alternative, providing flexibility in settlement. However, when there is no agreement, court intervention is required to ensure fairness. This research provides a deeper understanding of the changes in the practice of fiduciary security execution, as well as a new outlook on creditor responsibilities and the need for adjustments in legal practice. Therefore, the novelty of this research lies in the in-depth understanding of creditor responsibilities in situations of forced withdrawal of fiduciary objects, especially after recent legal changes. ]]>
<![CDATA[Legal Protection for Victims of Cybercrime as a Form of Transnational Crime ]]>
<![CDATA[Zamroni, Zamroni]]>;
<![CDATA[Basri, Basri]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8288
<![CDATA[The study aims to analyze the legal protection of legal protection for victims of cyber crime as a form of transnational crime. In addition to creating laws and regulations that safeguard victims of phishing, the goal of this research is to establish legal protection for victims of cybercrime, a form of transnational crime. This study employs a normative juridical research methodology that blends statutory and conceptual frameworks. The following are the results of the research: 1) Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 27 of 2022 concerning Personal Data Protection are examples of previous legislative regulations that regulate protections for victims of cross-border information crimes and electronic transactions. 2) Cybercrime victims' legal protection as a form of transnational crime. Essentially, two methods are available for use: 1) the procedural rights model, in which the victim has the right to attend all court proceedings and takes a more active role in the prosecution; 2) the service model, according to which victims are seen as individuals who require assistance from law enforcement in order to feel as though their rights are upheld in a just setting. Every step of the investigation, trial, and post-trial phases of the process needs to include virtual and in-person support for victims of cybercrime.]]>
<![CDATA[Recht Vacuum of Arrangement for Digital Waste in Indonesia ]]>
<![CDATA[Laot Kian, Antonius Maria]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8292
<![CDATA[ The purpose of this study is to analyze the impact and solutions of the legal vacuum surrounding digital waste management in Indonesia. In this all-digital world, waste disposal can contribute 4% of carbon emissions, but there are no regulations that specifically regulate digital waste. This legal vacuum must be resolved immediately so that there is legal certainty for the independence of digital dignity in Indonesia. The method used is a type of normative legal research with a statutory approach (statute approach). The results showed that the legal vacuum (recht vacuum) in digital waste management caused impacts such as legal uncertainty, triggered legal chaos, and caused an increase in environmental pollution, so the solutions offered were: the government harmonized the law; the government issued the latest law on digital waste management; the community actively participated in the process of drafting laws on waste management digital; and the government and society must have legal awareness of the use of digital data.]]>
<![CDATA[Predatory Pricing in Flash Sale Practices on E-Commerce Media in Review of Competition Law ]]>
<![CDATA[Junianti, Winda]]>;
<![CDATA[Munib, Muhammad Abdim]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8055
<![CDATA[The purpose of this study is to analyze flash sales related to predatory pricing activities prohibited by the Business Competition Law and to explain law enforcement related to predatory pricing activities. A flash sale can be said to be predatory pricing if it meets the elements in Law No. 5 of 1999, Article 20. In this study, the author uses normative legal research methods using an approach to law and a conceptual approach to the problem of whether flash sales are related to predatory pricing activities and how predatory pricing law enforcement is reviewed in business competition law. This paper provides a conceptual view as stated in the Business Competition Law as well as the implementation of the law. The results and discussion of the formulation are that flash sale activities are not related to predatory pricing activities because flash sales do not meet the elements of selling and loss activities, and enforcement of predatory pricing laws in business law is to provide criminal penalties and administrative penalties in accordance with the provisions of Law No. 5 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. ]]>
<![CDATA[Obstacles in Proving the Crime of Money Laundering by Law Enforcement in Indonesia ]]>
<![CDATA[Sulistyo, Edhei]]>;
<![CDATA[Pujiyono, Pujiyono]]>;
<![CDATA[Cahyaningtyas, Irma]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8025
<![CDATA[This research aims to determine the obstacles to proving criminal acts of money laundering by law enforcement in Indonesia. The legal view regarding the crime of money laundering in Indonesia is that as long as there is no guilty verdict against the perpetrator of the predicate crime, then anything related to assets cannot be carried out. In practice, law enforcement still uses follow-up measures for money laundering suspects who prioritize punishment over asset recovery. This research focuses on proving the obstacles to the implementation of the Money Laundering Crime Law in the Police, Prosecutor's Office, and Corruption Eradication Commission. The research method in this writing uses doctrinal methods (juridical-normative) and non-doctrinal methods (juridical-empirical or socio-legal). The research results show that there still needs to be more conflict between the interests of law enforcement and the police, especially in terms of proving and recovering state losses. Obstacles to asset recovery that prosecutors can carry out are obstacles for prosecutors who are not given the authority to investigate criminal acts of money laundering that occurred before the 2010 Law on Money Laundering because the old law did not regulate the prosecutors' authority regarding this matter. Affairs. Criminal investigation. Money laundering. Likewise with the Corruption Eradication Commission, regarding the provisions of Article 69 concerning predicate crimes, they do not have to be proven first. Obstacles to Proving the Crime of Money Laundering by Law Enforcement in Indonesia.]]>
<![CDATA[The Rising Trend of Divorce Cases: Social and Psychological Implications in Modern Society ]]>
<![CDATA[Wafi, Abdul]]>;
<![CDATA[Jannah, Shofiatul]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8157
<![CDATA[The purpose of this study is to explore the social and psychological impacts of the high divorce rate in Malang caused by economic problems. Because the high divorce rate in Malang City shows a complex problem in marriage relationships, The main factor that causes this high divorce rate is the continuous disputes between couples. This dispute, in the end, can be traced back to the economic problems experienced by couples who file for divorce. With this problem, it is important to do further research to find solutions to problems that occur in society. The research method used was qualitative analysis by conducting in-depth interviews with judges who directly handled divorce cases at the Malang City religious court. The results showed that the high divorce rate in Malang City can be attributed to factors such as prolonged disputes between couples as well as increased economic pressure. Constant bickering can damage the emotional bond and communication between couples, triggering the decision to end the marriage through legal proceedings. The social implications include family breakups that can impact children and close relatives, while the psychological impact includes stress, depression, and emotional instability for all parties involved. A deep understanding of these impacts is important for developing prevention and social support efforts that can help reduce divorce rates and provide assistance to those involved in divorce proceedings.]]>
<![CDATA[Investor’s Obligations in Default Dispute of Build Operate Transfer Agreement for Market Revitalisation ]]>
<![CDATA[Hardiyanti, Lesha]]>;
<![CDATA[Taupiqqurrahman, Taupiqqurrahman]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8648
<![CDATA[This research aims to find out the position of investor in the build operate transfer (BOT) agreement and the responsibility of investor due to default in the BOT agreement for market revitalisation. The government cooperates with investor to overcome capital difficulties. But there are still many default disputes in the implementation of the market revitalisation BOT agreement. Example, in Cikampek I Market, Metro City Market and Cibitung Main Market. This research is urgent to conduct because default disputes can result in financial and reputational losses for the government, and have negative impact on society. This research method is normative legal research. The novelty of this research is to explore the position of investors in BOT agreements in the face of possible negative impacts on economic, social, environmental and the application responsibilities for defaults by providing examples of real cases. The result of this study is that in the BOT agreement, the investor's position includes financing in development, management with risk management, transfer to ownership. The investor's responsibility due to the default of the market revitalisation BOT agreement includes compensation with dispute resolution for postponement of obligations in the addendum, fines, termination of the agreement.]]>
<![CDATA[Consumer’s Personal Data Protection in the Digital Era ]]>
<![CDATA[Hasnati, Hasnati]]>;
<![CDATA[Seruni, Puti Mayang]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8061
<![CDATA[This research aimed to analyze the legislative arrangements related to the protection of personal data, especially for consumers. This research is important because it discusses the potential misuse of personal data belonging to consumers. The research was conducted normatively and analyzed qualitatively, and the results of this research on personal data protection in Indonesia are described descriptively. This research has resulted in new findings in the form of protection in the latest regulation and also challenges to enforce the regulation. So that these findings can be used as material for further research. The protection of personal data in Indonesia is regulated in several regulations. However, in 2022 Indonesia enacted Law number 27 of 2022 on the protection of personal data. This law contains specific norms regarding the right to protection of personal data from the limitation and definition of matters related to personal data, rights and obligations of subjects related to personal data to the regulation of sanctions. Currently, the protection of personal data, especially for consumers, still faces challenges, ranging from the challenge of low public awareness, standard clauses in consumer agreements to the absence of special institutions whose duties oversee the problems and implementation of data protection.]]>
