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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.
Arjuna Subject : -
Articles 212 Documents
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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
Creditor's Responsibility for Forced Withdrawal of Fiduciary Objects After Constitutional Court Decision No. 18/PUU-XVII/2019 Abyan, Nabil Luthfi; Rizkianti, Wardani
Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i1.8316

Abstract

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. 
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.
Legal Protection for Victims of Cybercrime as a Form of Transnational Crime Zamroni, Zamroni; Basri, Basri
Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i1.8288

Abstract

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.
Kedudukan Hukum Memorandum of Understanding (MOU) Digital: Implikasi dan Orientasi dalam Perspektif Hukum Inklusif Dora Kusumastuti; Ade Sathya Sanathana Ishwara
Jurnal Ius Constituendum Vol 8, No 3 (2023): OCTOBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v8i3.7492

Abstract

This research aims to analyze the legal position of digital memorandums of understanding (MOU) viewed from an inclusive legal perspective. The inclusive legal perspective is the basis of this research because it emphasizes equality and legal protection for the parties who formulate a MoU. The urgency of this research is to analyze the position and classify digital MoU considering that in the era of digitalization, various legal documents are created in digital form, which can cause problems regarding their position and validity. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of this research are that digital MoU can comply with the provisions in Articles 1320 and 1338 of the Civil Code and the ITE Law. An inclusive legal perspective on digital MoU is the acceptance of informatics and computer science as sources that influence the substance and formation of rules. Legal innovation can be seen from the creation of digital MoU where everyone is free to enter into any agreement. , in the use of digital MoU you need to pay attention to religious and social values, the formation of digital MoU rules is also influenced by the era of globalization and international regulations regarding electronic contracts, and digital MoU have easy access. by anyone, not limited to place. Penelitian ini bertujuan untuk menganalisis kedudukan hukum memorandum of understanding (MoU) digital ditinjau dari perpsektif hukum inklusif. Perspektif hukum inklusif menjadi basis penelitian ini karena menekankan adanya kesetaraan serta perlindungan hukum bagi para pihak yang merumuskan MoU Urgensi penelitian ini adalah untuk menganalisis kedudukan dan mengklasifikasi MoU digital mengingat di era digitalisasi berbagai dokumen hukum dibuat dalam bentuk digital sehingga dapat menimbulkan problematika terkait kedudukan dan keabsahannya. Penelitian ini merupakan penelitian hukum normatif dengan mengedepankan pendekatan konseptual dan perundang-undangan. Hasil dari penelitian ini adalah MoU digital dapat tunduk pada ketentuan yang ada dalam Pasal 1320 dan 1338 KUHPerdata dan UU ITE. Perspektif hukum inklusif terhadap MoU digital adalah  penerimaan ilmu informatika dan ilmu komputer sebagai sumber yang mempengaruhi substansi dan pembentukan aturan, inovasi hukum dapat dilihat dari pembuatan MoU digital digital yang mana setiap orang bebas mengadakan perjanjian apa saja, dalam pemanfaatan MoU digital digital perlu memperhatikan nilai-nilai agama dan sosial, pembentukan aturan MoU digital digital juga dipengaruhi oleh era globalisasi dan peraturan internasional mengenai kontrak elektronik, dan MoU digital memiliki akses yang mudah dilakukan oleh siapa saja tidak terbatas pada tempat.Kata kunci: Hukum Inklusif; Kedudukan Hukum; Memorandum of Understanding (MoU) Digital   
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. 
Recht Vacuum of Arrangement for Digital Waste in Indonesia Laot Kian, Antonius Maria
Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i1.8292

Abstract

 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.
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.
Predatory Pricing in Flash Sale Practices on E-Commerce Media in Review of Competition Law Junianti, Winda; Munib, Muhammad Abdim
Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i1.8055

Abstract

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.             

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