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.
Articles
212 Documents
<![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[Consumer Legal Protection for Whitening Cream Cosmetic Products ]]>
<![CDATA[Arlina, Sri]]>;
<![CDATA[Syafrinaldi, Syafrinaldi]]>;
<![CDATA[Mufidi, Faiz]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i2.8459
<![CDATA[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.]]>
<![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[The Attempt to Fulfill Restitution for Victims of Domestic Abandonment Crimes ]]>
<![CDATA[Lubis, Syafrina]]>;
<![CDATA[Agustanti, Rosalia Dika]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i2.9143
<![CDATA[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.]]>
<![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.]]>
<![CDATA[The Criminal Proof Mechanism for Gorilla Tobacco-Type Drug Crimes Under Guideline Number 11 of 2021 in Indonesia ]]>
<![CDATA[Sianturi, David]]>;
<![CDATA[Hikmah, Faidatul]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 2 (2024): JUNE ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i2.8802
<![CDATA[This study explores the legal intricacies of drug crimes involving substances like Gorilla Tobacco under Indonesia's Narcotics Law, aiming to address disparities in penalty severity. Employing legal normative methods, conceptual approaches, and statutory analysis, it examines key provisions of the law, particularly the proving mechanism for Gorilla Tobacco offenses and the significance of Guideline No. 11 of 2021. Emphasizing the need to standardize evidence calculation and suspect qualifications for a fair legal foundation, the research highlights the complexities in investigating and prosecuting Gorilla Tobacco-related crimes. It underscores the importance of international collaboration and community involvement in addressing these challenges. Through structured analysis, this study provides valuable insights into the evolving mechanism of criminal proof for Gorilla Tobacco offenses, advocating for fairness and effectiveness within the criminal justice system. The incorporation of Guideline No. 11 proves pivotal in this pursuit, offering a balanced response to the dynamic nature of drug-related crimes and the evolving legal landscape in Indonesia.]]>
<![CDATA[The application of Cyber Notary in Indonesia ]]>
<![CDATA[Apriani, Nabilah]]>;
<![CDATA[Alfian, Irgi]]>;
<![CDATA[Sari, Melia Putri Purnama]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 1 (2024): FEBRUARY ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i1.8129
<![CDATA[The aim of this research is to analyze cyber notary practices in civil law countries and the nature of cyber notary in terms of evidentiary value. This research needs to be conducted due to technological developments and their relation to notary practices using cyber notaries. This research is carried out using a normative legal method by studying the regulations that apply in notarial practice with the aim of seeking legal proceedings based on positive law, supported by legal regulations regarding the position of notaries and legal regulations regarding legal matters. formal and transactional electronic, and the results of the legal experts can provide an overview of the requirements that apply in notary cyber practices. The civil law system places authentic deeds as perfect evidence because they are made based on legal regulations, where notaries, as public officials, have the authority to carry out the task of making deeds. In the development of technology, many developments have occurred in the legal system, especially regarding the leeway of notaries, which has created opportunities for notary cyber concepts. The potential for notary cyber in Indonesia needs to be considered, bearing in mind that there is not yet a legal umbrella that directly regulates notary cyber in the execution of autenik deeds that have an impact on evidence. The value of proof of an authentic deed in the notary cyber concept cannot yet be put into practice because the law on the position of notary does not yet accommodate this provision, remembering that the preparation of an authentic deed must comply with the applicable provisions in order to have authentic value.]]>
<![CDATA[State Responsibility in Protecting Indonesian Migrant Workers as Fulfillment of Human Rights ]]>
<![CDATA[Sundary, Rini Irianti]]>;
<![CDATA[Muslikhah, Umi]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i3.9183
<![CDATA[This research aims to examine the state's responsibility in protecting Indonesian migrant workers in an effort to fulfill human rights. Indonesian migrant workers have an important role in the nation's economic development. As a contributor to the country's foreign exchange, legal protection for Indonesian migrant workers abroad is very important. The placement of migrant workers abroad has increased. The increasing interest of Indonesian migrant workers abroad is in line with the growing complexity of problems faced by Indonesian migrant workers in the form of human rights violations, verbal, physical, and sexual harassment, and other violence. The urgency of this research is to determine the role and responsibility of the state in protecting Indonesian migrant workers, especially those abroad, based on existing laws and regulations, such as the existence of Law Number 18 of 2017. This research is normative legal research. Updates and research results carried out by the government regarding the protection of Indonesian migrant workers have been regulated in Law Number 18 of 2017. Forms of protection are carried out starting before placement, during placement, and after placement. From the research conducted, it was concluded that the state's responsibility and protection for Indonesian migrant workers still need to be improved.]]>
<![CDATA[Strengthening Regulations towards Implementation of Intellectual Property-Based Financing Scheme with YouTube Content as Collateral ]]>
<![CDATA[Pasha, Ishtar Amarindra]]>;
<![CDATA[Abubakar, Lastuti]]>;
<![CDATA[Muchtar, Helitha Novianty]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v9i3.9142
<![CDATA[This research aims at examining how the regulator can make regulation to optimize financing implementation with YouTube content as a collateral. This research is considered necessary, because besides Government Regulation Number 24 Year 2022 which becomes the basis to give financing under an intellectual property as a collateral, banking institutions might still be in doubt to implement such a financing scheme due to many weak supporting regulations. This research is conducted with a normative-juridical approach method. The research shows that there are still many regulations which have not accommodated the financing implementation of intellectual property-based financing scheme basis, especially those regulations related to valuation, recognition of intellectual property as a banking asset and execution of intellectual property when a debtor default. The weak regulation of these three aspects makes financial institutions doubtful to implement the intellectual property-based financing especially because bank activities are to collect and distribute funds to the society. The conclusions of this research show that basically there has been a method or way to anticipate the three problems, but it needs to be legalized in a form of regulation so that the bank has legal certainty and protection in its financing with intellectual property as the collateral. The regulators are supposed to be able to create regulation to optimize financing implementation with intellectual property as the collateral.]]>
