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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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The Phenomenon of Violence Against Women and Children in Households Mulyadi, Eko Syukri; Aziz, Hasnah; Humulhaer, Siti
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i2.9190

Abstract

This research aims to conduct a study and conduct more in-depth research regarding the phenomenon of domestic violence that occurs in the Tangerang City community. The background to the problem in this writing is that there are still many cases of domestic violence that occur in Tangerang City, there are people who have reported it but there are still many who have not reported it because of threats from their husbands, embarrassment, and so on. Therefore, this writing has an urgency that must be discussed and studied in depth by conducting research on various institutions that handle cases of domestic violence in Tangerang City. This research method uses a qualitative juridical method using data collection in the form of observations, interviews, and documents carried out at the Tangerang City Metro Police, the Tangerang City Women's Empowerment, Child Protection, Population Control, and Family Planning (DP3AP2KB) Service, the Tangerang City Women's Empowerment and Child Protection Integrated Service Center (P2TP2A), and the Tangerang City District Court. The results of the research and discussion are that the violence that often occurs is physical violence, sexual violence, physical violence, and child neglect. The factors that cause this include economic factors, infidelity factors, educational factors, and employment factors. Efforts made to prevent domestic violence include education and outreach on violence against women and children in schools, Islamic boarding schools, and universities.
Friday Prayer for Women and Right to Worship Sidiqah, Meliyani
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.9232

Abstract

The purpose is to discover the essence of Friday Prayer for women and provide several views regarding the right to worship for women. The background of this paper is based on the differences of views regarding Friday Prayer for women. These differences lead society to divisions that must be immediately prevented because possible to trigger various actions contrary to the law from certain groups who do not understand the essence of the problem. This paper is normative juridical research using an interdisciplinary approach. Field research is only a complement to support research results. The novelty of this paper presents different research on the substance of Friday Prayer considered essential but received less attention from the public and most researchers, namely Friday Prayer “for women”. The results show that the essence of Friday Prayer for women is sunnah (permitted/not prohibited), based on Surah Al-Jumu’ah verse 9 and hadiths that exclude the obligation of Friday Prayer for women. Besides that, the action that is committed by women to perform Friday Prayer is guaranteed by law. If someone prohibits or forces women to perform or not to perform Friday Prayer, that person has violated someone’s right and the law.
The Implementation of Equidistance Line on Maritime Delimitation between Indonesia-Australia in Perth Treaty 1997 Sukma, Elsha Renata; Kusumaningarum, Rinindia; de Sousa, Freidelino Paixao Ramos Alves
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.10329

Abstract

This article proposes some suggestions to the government in renegotiating the Perth Treaty to provide a solution for a definitive maritime boundary between Indonesia and Australia. Renegotiation of the Perth Treaty in terms of maritime delimitation between the two countries needs to be done in relation to the limitation of sovereignty of both countries. This treaty has never been ratified by both countries after the signing in 1998. The fundamental reason of Australia is associated with the independence of Timor-Leste in 1999 so that the rebus sic stantibus principle then applies. This research employed legal method to provide recommendations to the government as a basis for renegotiating the Perth Treaty according to international law. It also used a statutory and case approach. There are underlying reasons for the urgency of renegotiating the Perth Treaty using the median line with an equidistance line approach. The median line in UNCLOS 1982 has proven to provide progressive results regarding the maritime delimitation of countries. However the decisions of the International Court of Justice, resulted in various side effects with the use of the median line as a single effort to resolve maritime delimitation disputes. Therefore, a new solution is proposed, namely the median line with an equidistance line approach as the most effective method to create justice for each party. The equidistance line in international law serves as a legal resolution method, emerging from customary practices. It is recognized as new customary law for resolving maritime delimitation disputes between countries. Harmonisation of the median line concept using the equidistance line approach in resolving maritime delimitation disputes between Indonesia and Australia is a new approach that can be used based on the successful harmonisation of these two concepts in resolving delimitation disputes globally.
Effectiveness of Mutual Legal Assistance Treaty in Investigating Indonesian Kidney Sale Crimes in Cambodia Saragih, Jogi Talar; Aditama, Yuda Lambang; Siahaan, Herbin Marulak
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.10240

Abstract

This paper addresses the pressing issue of human trafficking in the ASEAN region, focusing on the role of the Mutual Legal Assistance Treaty (MLA) as a legal strategy for regional collaboration. Human trafficking is not only a grave violation of human rights but also a complex transnational crime that requires coordinated international efforts. This study investigates the existing legal framework, policies, and institutional mechanisms in ASEAN to combat human trafficking. The study identified significant challenges faced by MLA, including limitations in the legal framework and coordination issues among member states. The findings suggest that strengthening MLA as an integrated legal approach that encompasses prevention, prosecution, protection, and cross-border cooperation is hampered because corruption and complicity of officials in trafficking crimes at various levels of government continue to be significant problems, which impede law enforcement and perpetuate impunity to effectively combat trafficking. The study uses comparative legal analysis to highlight the importance of strong regional collaboration, emphasising the need for improved information sharing and coordination to enhance legal and institutional responses. The paper concludes that a stronger MLA framework is essential to address the complexities of trafficking and provide better support for victims.
Harmonization of Funding for Government Cooperation With Small-Scale Public-Private Partnership Kurdi, Kurdi; Amalia, Prita; Mahardhito Adhitya Wardhana, Yuki
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.10536

Abstract

This study examines the relevance of the Ministry of National Development Planning (Bappenas) Regulation No. 7 of 2023 and Law No. 1 of 2022 in supporting the Small-Scale Public-Private Partnership (PPP) scheme. The urgency of this research lies in the need to improve existing regulations and ensure legal certainty for Small-Scale PPPs, as these regulations provide relevant frameworks for such schemes. The study aims to understand how regulatory harmonization can enhance regional fiscal capacity and facilitate project implementation. Utilizing a normative juridical method with legislative and conceptual approaches, the study finds that since 2015, only 6 out of 34 PPP projects involved local governments. The conclusion highlights the importance of simplifying regulations and adjusting project value requirements to increase regional participation and fiscal effectiveness. The study recommends regulatory adjustments to support more equitable and sustainable infrastructure development.
The Conflict of Justice and Legal Certainty in the National Criminal Code: A Middle Way Sari, Agustina Indah Intan; Frans, Mardian Putra
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.9057

Abstract

The research discusses the unclear meaning of Article 53 paragraph (2) of Law No. 1 of 2023 which states that "If in upholding law and justice as referred to in paragraph (1) there is a conflict between legal certainty and justice, judges must prioritize justice." Justice is used for judges to adjudicate cases and certain conditions are used as a benchmark for judges in making decisions. However, there are several existing definitions of justice, there are still many views. The norm in the article has a vagueness of meaning, making it difficult for judges to equate commensurate thoughts. The implication of vagueness results in disparity in the use of justice to be used by judges, this potential disparity needs to be prevented by mediating the conflict between justice and certainty and providing guidance for judges in using justice in their decisions. This research uses a normative research approach. The results showed that judges have the authority to choose justice that contains legal certainty because a just decision is a manifestation of legal certainty, justice itself is born with the freedom of judges. The formulation of Article 53 paragraph (2) of the Criminal Code needs to be interpreted correctly so that there is no disparity in decisions because justice is what the judge wants based on the law to create justice itself.
The Regional Representative Council (DPD RI) and Checks and Balances in Indonesia's Legislative Process Cipto Handoyo, Benediktus Hestu
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.10633

Abstract

This study aims to analyze the function of the House of Regional Representatives of the Republic of Indonesia (DPD RI) in the legislative process and the checks and balances mechanism within Indonesia's constitutional system. The background of this research stems from the limited authority of DPD RI in the legislative process, especially when compared to the House of Representatives (DPR RI), despite its vital role as a regional representation body advocating for regional interests in law-making. The urgency of this writing lies in addressing the imbalance of power between the executive and the legislature, as well as between the central government and the regions. Using a normative legal research method, this article examines the role of DPD RI in the discussion of bills, its interactions with DPR RI, and its contributions to maintaining the checks and balances system. The findings indicate that the DPD RI faces significant challenges in influencing the legislative process, although opportunities exist for strengthening its role. The study concludes that legislative reforms and capacity building for DPD RI are crucial to enhance the effectiveness of the checks and balances mechanism, thereby strengthening Indonesia's democratic system. The novelty of this research lies in its emphasis on practical strategies for empowering DPD RI within the national legislative framework.
Implications of Personal Data Protection Law in Consumer Health Data Management to Improve Secure and Confidential Handling in Indonesia Prayuti, Yuyut
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.9289

Abstract

The purpose of this study is to understand the impact of the implementation of the Personal Data Protection Law (PDP Law) on the management of consumer health data in Indonesia, with a focus on enhancing secure and confidential handling. In the midst of the rapidly evolving digitalisation era, the management of personal data, especially those related to health information, requires strict and effective legal regulation. This is becoming increasingly urgent given the increasing incidents of data leaks and privacy violations, one of which occurred in the leak of the Indonesian Ministry of Health's server which collected 6 million patient medical record data. The research method used is normative juridical with a conceptual approach and a statutory approach, where secondary data is broken down into three different types of legal materials, namely primary, secondary, and tertiary legal materials. The PDP Law and Consumer Protection Law are the primary legal sources, accompanied by the use of relevant literature as secondary legal sources as well as dictionaries and encyclopedias as tertiary legal materials to further explain. The novelty of this research lies in the comprehensive analysis of the existing regulations and their applicability in the health context, as well as considering the increasing public awareness of their rights to personal data. The results show that although challenges such as uneven technological infrastructure and lack of awareness among health staff still exist, the measures taken through the PDP Law have created a strong foundation for better health data protection in the future, improving security and confidentiality in health data management.
Legal Issues Against the Enforcement of Court Determination Granting Objections of Parties in Good Faith Andriawan, Hilman; Ali, Mahrus
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.10414

Abstract

The purpose of this research is to investigate the legal framework allowing the finance minister to enforce a court decision that approves a good faith third-party objection request, as well as to explore the legal implications and recourse if the finance minister fails to implement the court decision. This study is prompted by Supreme Court Regulation Number 2 of 2022, which elaborates on Article 19 of Law No. 31 of 1999. The significance of this research lies in providing legal certainty regarding the enforcement of court decisions granting good faith third-party objection requests. The research employs the normative legal research method and offers a new perspective by examining the implementation phase of objection application settlements. The findings indicate the Perma No. 2 of 2022 cannot be enforced without a regulation as a legal basis for the finance minister to govern the procedures for executing court decisions granting objections. Furthermore, the prohibition of state property confiscation leaves good faith third parties without legal protection, as there is no certainty about the legal consequences should the finance minister fail to implement the stipulation or court decision granting the objection of the good faith third party, and there are no available remedies for the Good Faith Third Party. Such Perma can not be effectively enforced without technical regulation on the procedure to execute the court verdict. Hence, it is recommended that the ministry of Finance needs to issue regulations concerning the execution of court verdicts providing legal certainty and protection for good faith third parties.
Downstream, Good Mining Practices, Reclamation and Post-Mining: Policy and Law Enforcement in Indonesia Sudaryat, Sudaryat
Jurnal Ius Constituendum Vol. 10 No. 1 (2025): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i1.10569

Abstract

This research aims to find out and see the connection between operational patterns in mineral and coal mining activities in Indonesia, downstream policies, as well as reclamation and post-mining implementation. Mining activities cause negative impacts in the form of serious environmental damage which occurs in almost all mining areas in Indonesia. From a regulatory perspective, mining companies and mining service companies are obliged to implement good mining principles with administrative sanctions for those who violate them, mining companies are obliged to carry out downstream within the country so as to provide added value and expand employment opportunities, mining companies are also obliged to carry out reclamation and post-mining at a high level. higher. 100% success. Using normative juridical research methods and qualitative juridical analysis, it is known that the operational cooperation pattern is not appropriate to apply because, in the operational cooperation agreement, the position of the mining company and the mining service company is equal so that the mining service company does not carry out good mining activities, the mining company does not have control over this and In fact, 70% of environmental damage in Indonesia is due to mining operations, mineral, and coal downstream policies are carried out inconsistently so that it is less than optimal in increasing the added value of minerals and coal and there are legal loopholes in opening up reclamation in other forms, making the success rate of reclamation and post-mining of ex-mining excavated flat. the average is less than achieved 100% success.

Page 18 of 22 | Total Record : 212

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