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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.
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Articles 11 Documents
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Search results for , issue "Vol. 9 No. 2 (2024): JUNE" : 11 Documents clear
Implementation of Financial Aid for Local Political Parties in Banda Aceh City Al Fathir, Muhammad Alif; Hasba, Irham Bashori
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.9163

Abstract

This study examined the allocation of financial aid funds from the Banda Aceh Regional Government Budget (APBK) to Local Political Parties X and Y in Banda Aceh. This study conducted empirical juridical research and presented the findings of field research using two analytical frameworks: Legal Effectiveness theory and Siyasah Maliyah Fiqh theory. It focused on local political parties since they represent a unique kind of democracy in the Aceh region. From the standpoint of legal effectiveness theory, the findings of this study suggest that the supporting facilities in the form of financial aid and legal factors are adequate and suitable. Nevertheless, barriers remain present within law enforcement, society, and culture. From the accumulated results of the components of the theory of legal effectiveness, a fiqh siyasah maliyah perspective is obtained. Thus, it can be concluded that the principles of ownership and management are still hampered by transparency, accountability, and openness of information to the community. The principle of abuse and corruption is already working well, but the accuracy of targeting financial funds must be improved The people's benefit has not been completely realized as a result of the aid use not being targeted.. The principle of amar ma'ruf nahyi mungkar has also not been fully implemented because it is hampered by a crisis of public trust, the party's understanding of regulations, and the infrastructure supporting transparency and accountability.
Analysis of the Influence of Mood and Emotions on Legal Compliance Levels in Society Khasanah, Dian Ratu Ayu Uswatun; Pongantung, Ronald Jolly
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.8820

Abstract

This research aims to dig deeper into the relationship between mood, emotions, and societal legal compliance. The urgency of research lies in understanding the role of individual moods and emotions in legal compliance in society. Stability, security, and justice in society depend primarily on the level of compliance with the law, and this research highlights that an individual's mood and emotions can be a crucial factor in such compliance behavior. The focus of this research lies in the approach taken in analyzing the relationship between mood, emotions, and legal compliance, in contrast to previous research, which focused more on external factors such as law enforcement or socio-economic characteristics. This research approach method is sociological juridical and focuses on qualitative data. This research provides new insights into how these psychological factors influence legal compliance behavior in society. The finding is that positive moods, such as happiness and peace, promote higher legal compliance, while negative moods, such as anxiety or anger, can reduce legal compliance. The conclusions of this research emphasize the importance of considering psychological aspects in designing effective law enforcement policies and strategies. Understanding how mood and emotions influence legal compliance behavior can improve legal compliance and create a safer and more stable environment.
Legal Protection for Debtors in the Pre-Project System of Sale of Credit Agreements Ownership of Apartments Disty, Nafsi Khotimah; Surahmad, Surahmad
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.9016

Abstract

This research aims to find out the validity of the apartment ownership credit agreement (KPA) with PPJB as collateral and legal protection for debtors if the developer of the pre-project selling system defaults. This research is motivated by cases of developers of pre-project selling systems that default and cause losses to consumers who have been bound in KPA with the bank. This research is needed because there are no regulations governing PPJB as collateral and there is an imbalance of power between the debtor and the creditor because of a standard agreement. The discussion on this topic has not been comprehensively explained in previous studies. This research uses normative legal research with a statutory approach with data collection techniques in the form of a literature study. The results show that PPJB as collateral is not ideal, but it does not affect the validity of the KPA agreement. Then, in terms of legal protection for debtors who are harmed by developers, they can refer to Law 8 of 1999 concerning Consumer Protection because the position of debtors is equated with consumers.
Consumer Protection in Real Estate Transactions Adjacent to Near River Boundaries Taniaswari, Vioneta Rizky; Sakti, Muthia
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.9029

Abstract

This research aims to determine the effectiveness of consumer protection efforts in purchasing houses near riverbanks, focusing on legal aspects, consumer rights, and dispute resolution. This research is urgent to conduct considering the increasing vulnerability of consumers in property transactions that can potentially increase the risk of violations of consumer rights, economic stability, and public security. The research method used is normative legal research, which allows for an in-depth review of existing laws and regulations governing consumer protection in property transactions, with a thorough analytical approach to the role of regulation and government involvement in responding to developers' failure to comply with rules when constructing buildings, resulting in harm to consumers. The outcome of this research is to propose solutions for regulatory evaluation to enhance consumer protection and ensure fairness and balance in housing transactions, emphasizing the critical role of the legal framework in protecting consumer rights.
Succession of Regional Heads Based on Kinship Relations Judging Concept of the Pancasila Legal State Muslikhah, Umi; Chaidir, Ellydar; Sundari, Rini Irianty
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.8849

Abstract

This research aims to examine in depth the existence of succession for Regional Heads using kinship relations in terms of the concept of the rule of law and formulate the implications of succession for Regional Heads based on kinship relations for the implementation of government duties in the region in the context of the rule of law. Indonesia, as stated in its constitution, adheres to the concept of a rule of law, this is attached to Article 1 paragraph (3) of the 1945 Constitution "Indonesia is a rule of law". One indicator of the application of the concept of the rule of law in a sovereign state is the limitation of power in administering the state. The problem studied in this research is related to how the succession of Regional Heads is related to kinship relations in terms of the concept of the rule of law. The research method used in this research is normative juridical, where the author examines through literature study and analyzes based on various relevant literature. Succession of Regional Heads based on kinship relations in Indonesia has recently become a disturbing phenomenon. As an effort to limit the existence of dynastic politics, this has been done by issuing "Law Number 8 of 2015 concerning Amendments to Law Number 1 of 2015 concerning the Determination of PERPPU Number 1 of 2014 concerning the Election of Governors, Regents and Mayors, especially in Article 7 letter r" However, this provision was canceled by the Constitutional Court with the issuance of "Constitutional Court Decision Number 33/PUU-XIII/2015". So, the absence of regulations that provide restrictions on this phenomenon has caused the succession of Regional Heads based on kinship relations to become a bad precedent in state administration Rampant updates to this research are expected by the government and the DPR to issue regulations that place restrictions on incumbents being involved in conflicts of interest in the succession of regional heads who have kinship relationships
The Precautionary Principle of Running Foundation Activities In the Perspective of the Foundation Law and the National Criminal Code Zulfiani, Anita; Wibowo, Nabila Alinka
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.7867

Abstract

This research aims to examine the principle of prudence in managing Foundation activities. The urgency of this research is so that the foundation can maintain its sustainability, develop, and be able to provide broad benefits according to the objectives of its establishment. This research uses qualitative methods with a statutory and conceptual approach. The novelty of this research is that in managing Foundation activities, the precautionary principle is required. The results of this research are the principle of prudence in carrying out Foundation activities consisting of Firstly, in managing the Foundation, it must always be guided by applicable legal provisions to avoid problems, whether problems in the form of civil disputes or criminal violations. Second, it must based on the principle of non-profit oriented, where foundations are not prohibited from running business entities, but the results are aimed at the interests of society and the sustainability of the Foundation to succeed in its social goals, because the Foundation is not oriented towards profit or gain, but rather towards benefit. Third, the organs of the Foundation must avoid conflicts of interest that could harm the interests of the Foundation and other parties. Fourth, foundations must apply the principles of Good Corporate Governance (GCG), namely: independence, transparency, accountability, and fairness.
The Legal Status of Testaments That Eliminate the Inheritance Rights for the Longest-Living Marital Spouse Indradewi, Astrid Athina; Achmad, Andyna Susiawati; Sugianto, Fajar
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.8881

Abstract

The purpose of this study is to examine the legal standing of testaments that forgo a spouse's right to inherit in the event of their death. This study is necessary because, while everyone has the right to draft a testament according to their desires, this does not absolve the contents of the testament from being based on applicable laws and regulations. This study was carried out utilizing a doctrinal and statutory method in a normative juridical manner. The study concludes that a testator's intentions are free to be included in a will; nonetheless, the Indonesian Civil Code governs the legitimacy of Legitieme Portie. Thus, if a testament is written by a spouse whose marriage has entered into a marital agreement to separate assets, and its contents eliminate the longest-living spouse's inheritance rights, then that will not violate the rights of the longest-living spouse because it is based on Article 914 of the Indonesian Civil Code that the husband or wife does not have Legitime Portie. In the meantime, a testament written by a spouse whose marriage did not result in a marital agreement that separates assets only applies to the portion of the maker's assets; in other words, the longest-living spouse still receives a share as part of the joint assets in marriage. 
Validity of Sale and Purchase Binding Agreement in Pre-Project Selling Transaction Aurellia, Clara Sabrina; Winanti, Atik
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.9133

Abstract

This research aims to analyze the legal aspects of the PPJB, identify factors that affect its validity, and evaluate the legal protection provided to consumers. In recent years, there have been increasing cases of consumers being harmed when buying property on a pre-project selling basis because the PPJB often disregards consumer rights according to applicable laws, thus favoring developers. This research is important to contribute to the development of regulations that are more comprehensive and provide legal certainty for all parties involved in pre-project selling property transactions. This topic has not been comprehensively addressed in previous studies. The research method used in this study is normative legal research with a statutory approach, and the data collection technique employed is a literature study. The results of this research indicate that developers must fulfill all existing requirements before selling property through pre-project selling, which should be formalized in a PPJB executed before a notary or in an informal PPJB. The PPJB is binding, and the parties must comply with its contents. Developers are obligated to compensate consumers if their actions have caused harm.
Consumer Legal Protection for Whitening Cream Cosmetic Products Arlina, Sri; Syafrinaldi, Syafrinaldi; Mufidi, Faiz
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.8459

Abstract

This research aims to determine the implementation of the principles of justice and supervision of consumer protection in protecting consumers who use whitening cream cosmetic products (from the perspective of legal justice theory). The urgency of this research was initiated because many whitening cream products are circulating that contain dangerous ingredients and are sold at low prices. The research involved takes a juridical-normative approach. Techniques for data collection include literature studies and observations at BPOM Pekanbaru City. The principle of justice in consumer legal protection has not been effectively implemented by Article 2 paragraph (2) of the UUPK. One of the factors is a lack of effective compensation. The government merely issues administrative and criminal sanctions without being obliged to compensate for damages or restore the health of the skin affected by products. Then, according to UUPK rules, the BPOM does not have the authority to supervise the execution of consumer protection (Article 30 (1) UUPK). As a result, the Pekanbaru City BPOM's supervisory function on this research issue is ineffective, leaving consumers with insufficient facilities and infrastructure, free legal aid, and quick access to settle consumer disputes with business actors.
The Attempt to Fulfill Restitution for Victims of Domestic Abandonment Crimes Lubis, Syafrina; Agustanti, Rosalia Dika
Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.9143

Abstract

This article aims to analyze the legal protection for victims of domestic abandonment through restitution fulfillment. It is because imprisonment in the case of domestic abandonment basically cannot accommodate the economic losses suffered by the victims. Legal protection for victims should also focus on restoring the economic losses incurred during the abandonment. Therefore, the urgency of this article is the attempt to fulfill restitution for victims as the manifestation of the victim’s right. This article is normative legal research. The novelty of this article is about the attempt to fulfill restitution, which is studied based on positive law in Indonesia and the problems were analyzed using Gustav Radburch's legal theory on the principle of priority in three legal objectives. The research results indicate that one of the challenges of restitution fulfillment in the current legal system is when the victims are not submitting the restitution request before or even after a court verdict. Hence, the judges in their verdict cannot accommodate this restitution for the victims and they cannot receive their rights of restitution. Because of that it is expected that the attempt of restitution fulfillment will accommodate the economic losses suffered by victims during abandonment.

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