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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 211 Documents
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Islamic Criminal Law Reform in Corruption Cases: Maqasid al-Shariah Perspective Thamsir, Moh; Latif, Mukhtar; Muhammad, Pauzi
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.v10i1.10932

Abstract

This study aims to examine the reform of Islamic criminal law in addressing corruption cases through the lens of Maqasid al-Shariah (objectives of Islamic law). The urgency of this research lies in the systemic and pervasive nature of corruption, which undermines governance, public trust, and societal welfare, necessitating a legal framework that not only punishes but also prevents corruption in line with Islamic principles. Employing a normative juridical approach, this research analyzes primary and secondary legal materials related to corruption and Islamic law. The findings reveal that Maqasid al-Shariah provides a holistic framework that emphasizes prevention, rehabilitation, and justice, offering a balanced approach to corruption eradication. The novelty of this study lies in integrating Maqasid al-Shariah into Indonesia’s legal system to address corruption's root causes while promoting societal welfare and justice. Reforming Islamic criminal law based on Maqasid al-Shariah can strengthen anti-corruption efforts by focusing on justice, prevention, and societal welfare. This approach contributes to a more holistic and adaptive legal framework, supporting the eradication of corruption in Indonesia.
Analysis of the Justification for the Criminalization of Bestiality Based on Pancasila and the Morality of the Indonesian Nation Isnawan, Fuadi
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.v10i1.10710

Abstract

This research explores the justification for criminalizing bestiality in Indonesia, emphasizing the moral and ethical values embedded in Pancasila. Triggered by the infamous case of an orangutan named Pony, subjected to sexual exploitation, the study highlights significant gaps in the Indonesian legal system. While Article 302 of the Criminal Code addresses physical abuse, it fails to explicitly criminalize bestiality, leaving such acts unregulated. Using a normative juridical method, the research integrates Pancasila’s principles of humanity, justice, and animal welfare as the moral foundation for legal reform. Pancasila promotes respect for all living beings, viewing bestiality as a violation of its core principles. The findings reveal significant enforcement challenges, including the private nature of the crime, the lack of witnesses, and the inability of animal victims to provide testimony. Forensic evidence, such as histopathology and DNA analysis, is critical but often hindered by limited training among law enforcement and veterinarians. Additionally, societal taboos and inadequate legal education exacerbate public unawareness of bestiality as a criminal offense. This study advocates for comprehensive public legal education, specialized training for law enforcement on forensic techniques and evidence management, and collaboration with veterinary experts to ensure effective enforcement. These measures aim to uphold animal welfare and align legal policies with Indonesian societal and ethical values
The Impact of Mediation on the Settlement of Divorce Cases in Religious Courts Kasim, Nur Mohamad; Karim, Fibriyanti
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.v10i1.10912

Abstract

The purpose is to find out the impact of the implementation of mediation and the factors that affect the success of mediation in divorce cases in Religious Courts. Mediation is a form of case settlement through Alternative Dispute Resolution. The urgency of research to resolve disputes in the divorce process in Religious Courts and help build better relationships after divorce. Using normative and empirical research types. The results of the study show that the impact of mediation on divorce is to reduce the accumulation of cases in Court, increase the satisfaction of the parties, increase time/cost efficiency, minimize conflicts, maintain privacy, encourage agreements, and build positive relationships after divorce. Factors that affect the success of divorce mediation in the Religious Court are the commitment of both parties, the competence of the mediator, support from the Court, emotional and psychological factors, and the involvement and support of third parties. In conclusion, mediation has a significant positive impact on the settlement of divorce cases in the Religious Court so mediation is an effective method and its implementation needs to be continuously improved in the Religious Court. The findings show that mediation reduces the divorce rate by increasing communication between husband and wife and resolving problems through dialogue.
Copyright Protection Against Songs Involving Artificial Intelligence (AI) In the Music Industry Based on Indonesian Copyright Law Tarigan, Stevani; Martono Anggusti; Roida Nababan
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: 10.26623/11314

Abstract

This writing aims to determine the legal protection of copyright to songs involving Artificial Intelligence in the music industry based on Law Number 28 of 2014 concerning Copyright and who is entitled to ownership of the copyright. The use of Artificial Intelligence technology in the creation of a song and works in other fields is increasing in number which causes disputes over copyright ownership issues to be a concern for musicians, especially in the music industry. Improvement of Indonesian copyright regulation is a special challenge for the Indonesian government to compile a special policy about copyright that uses Artificial Intelligence technology. The method used is normative juridical with statutory and conceptual approaches, as well as analysis of relevant international regulations. The results of the writing show that Artificial Intelligence is considered a tool, not a legal subject, so copyright in works involving Artificial Intelligence is still given to humans who act as initiators or instructors in the creative process. Regulations in Indonesia have not been fully adaptive to the development of Artificial Intelligence, so a review is needed to accommodate this technological innovation. It is recommended that there be cooperation with international organizations such as WIPO to develop harmonious and comprehensive policies for protecting copyright in the digital era.
Interfaith Marriage in Kuningan and Jakarta: State Intervention and Human Rights Sidiqah, Meliyani
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.v10i1.11331

Abstract

The purpose of this paper is to analyse the similarities and differences in the perspectives of various institutions in Kuningan and Jakarta and examine these views from a human rights perspective. The background of this study is the issue of legal uncertainty surrounding interfaith marriages. On one hand, it is prohibited, and the other hand it is permitted but made difficult. This research is significant as it addresses the phenomenon of interfaith marriages, which the Indonesian government has ambiguously responded to. On one hand, such marriages are permitted but made excessively difficult; on the other hand, they are prohibited but ultimately recognized. This paper employs a sociological-juridical research methodology with a comparative approach. Fieldwork was conducted in two cities, Kuningan and Jakarta, using interviews with interfaith couples and officials from local RAO, CRSO, RC, and DC. The novelty of this paper lies in its identification of human rights violations based on empirical evidence. The comparative findings from the two cities reveal that the current legal framework governing marriage in Indonesia fails to reflect certainty and justice. Furthermore, interfaith marriage remains a significant and unresolved issue in the country.
The Implementation of Restorative Justice to Mistreatment Crime In the North Gorontalo District Attorney's Widyaningsih, Aryana Sekar; Istiqomah, Milda; Sugiri, Bambang
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: 10.26623/11345

Abstract

The purpose of this research is to explain how the implementation and the obstacles to the implementation of Restorative Justice to mistreatment crime in North Gorontalo State Attorney. This research became interesting because the District Attorney's Office handled only 3-4 cases with the restorative justice mechanism caused by the social aspect. The urgency of this research is the potential of restorative justice to reduce the overcapacity of correctional institutions and reduce the rate of recidivism, which is a crucial problem in Indonesia. The research method used in this research is empirical juridical, where the author directly conducts interviews and observations. This research is unique because it deeply explores the perceptions of the parties involved in the implementation of restorative justice, an area that is still rarely researched. Based on the research obtained the results first, the application has been carried out by the guidelines. Second, the obstacles found were not achieving the element of peace and agreement, which was influenced by the views of the parties. The obstacles found were the possibility of overcapacity in correctional institutions and the development of criminal acts while in correctional institutions. So it can be concluded that the application of restorative justice implementation needs the awareness of the parties and its application, so the impact can help reduce overcapacity and recidivism in the future.
Yuli Indrawati Implications of State Position Dualism on the Financial Settlement of PT Garuda Indonesia (Persero) Tbk. Indrawati, Yuli
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.v10i1.11395

Abstract

This study raises the issue of the implications of the dualism of the state's position as a public authority and shareholder in the financial settlement of PT Garuda Indonesia without injuring the intended use of APBN. The financial problems of PT Garuda Indonesia (Persero) Tbk. is already on the verge of requiring immediate action from the state. The focus of this research on the dualism of the state's position has never been discussed in previous research, even though this position is a determining element for the government's actions regarding the Garuda problem.  The position of the state itself as the highest public authority and shareholder limits the state's actions to overcome the problems of PT Garuda Indonesia. This is based on the limitation of the use of the state budget (APBN) as regulated in the Constitution, which is only intended for the prosperity of the people. To answer the research problem, the regulations, the theory of legal entities, the public choice theory, the theory of state responsibility, and the international practices are used as analytical tools. The result of the analysis is that the efforts made by the state, both as a public authority and as a shareholder, must be based on considerations of benefits for the interests of the people – not based on mere nostalgia. Learning from the history of Garuda's management governance which has never improved significantly, the Government should not need to help Garuda because it will only waste the APBN and not be beneficial to the community, because the most important benefit is in deciding on APBN spending actions.  Actions to increase capital can be carried out as long as it is believed that with the addition of capital, PT Garuda Indonesia can bounce back from adversity and generate sufficient profits to provide dividends to the state. If indeed the condition of PT Garuda Indonesia it is not possible to get up and operate so as to generate dividends, preferably PT Garuda Indonesia bankrupt.
Home Ownership Loan Agreement in the Labuha Branch of Bank Syariah Indonesia Budiono, Arief; Hasyim, Dahlai; Faisal, Fatma
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.v10i1.10818

Abstract

In this paper, the authors will analyze: (1) the details of the home ownership loan agreement in the Labuha Branch of Bank Syariah Indonesia (The Indonesian Sharia Bank/BSI) and (2) how to resolve the issue of default carried out one of the parties in the home ownership loan agreement in the Labuha Branch of BSI. Members of society who wish to own a home but lack funds may utilize the credit facilities provided by BSI by making a credit agreement (home ownership loan). It is one of the solutions for prospecting housing consumers to quickly have a house. This paper is urgent because the increasing Indonesian population leads to an increase in demand for housing. Banks like BSI can help society obtain house ownership loans amid the increasing house prices. This paper employed the normative empirical legal research method. Results showed that the agreement carried out by the debtor and creditor is already according to the applicable regulations. It was shown that there was an increase in the number of debtors who obtained home ownership loans from the Labuha Branch of BSI. In total, 83 debtors obtained such facilities from 2021 to 2023. In the case of problematic debtors, ten debtors experienced a default in the Labuha Branch of BSI from 2021 to 2023. In the case where debtors fail to carry out their obligations in paying installments or in repaying their debt, then the bank will sell the collateral object or the house.
Legal Implications of the Constitutional Court Decision Number 60/PUU-XXII/2024 on the Simultaneous Regional Head Elections in 2024 Priyanto, Ari; Al arif, M.Yasin
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.v10i1.10968

Abstract

The purpose of this study is to analyze the legal implications of the Constitutional Court's decision Number 60/PUU-XXII/2024 on the simultaneous regional head elections in 2024. Recently, the Constitutional Court issued Decision Number 60/PUU-XXII/2024, which is a test of Article 40 paragraph (3) of Law Number 10/2016 on the election of Governors, Regents, and Mayors against the 1945 Constitution of the Republic of Indonesia, which was submitted by the Labour Party and Gelora. This research is normative juridical research. The approaches used include the conceptual approach, statute approach, and case approach. Covering primary, secondary, and tertiary legal materials. The results of this study concluded that Decision Number 60/PUU-XXII/2024 juridically and sociologically has implications for the simultaneous regional elections in 2024. There are direct and indirect implications, directly with the formation of a new PKPU, namely Number 10 of 2024 as the basis for holding simultaneous elections in 2024, and indirect implications such as strengthening local democracy, strengthening political parties, and Constitutional Court Decision Number 60/PUU-XXII/2024 indirectly setting a precedent for Decision Number 62/PUU-XXII/2024 regarding the elimination of the presidential threshold. This research can contribute to changes in regulations or technical regulations that must be made by the General Elections Commission (KPU) and the government after the Constitutional Court's decision and provide recommendations to policymakers in designing regulations by the Constitutional Court's decision. In addition, it contributes to the development of the theory of democracy and elections, especially related to the principles of free and fair elections and electoral justice.
Protection of Notaries as Controllers and Processors of Personal Data of Litigants Hartanto, Stefanie; Putri, Prisilia Permata
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.11895

Abstract

This research examines the prevention and protection measures that can be taken by notaries in their dual role as controllers and processors of personal data. This research is motivated by the limited awareness of some notaries regarding their legal obligations to protect the personal data of witnesses, as mandated by the Personal Data Protection Law (UUPDP). This research contributes new insights by framing notaries as Controllers and Processors under the UUPDP, an aspect that has rarely been emphasized in previous legal literature. The novelty of this study lies in its specific focus on notaries’ dual capacity as both Controllers and Processors of personal data under Indonesian law, particularly in the context of witness data handling an area that has not been thoroughly examined in existing scholarship. Using normative juridical methods with statutory and conceptual approaches, this study found that notaries have dual responsibilities in managing witness data and must proactively comply with the UUPDP to prevent legal risks. These responsibilities include obtaining approvals, establishing internal data protection policies, and implementing secure technologies such as encryption and regular audits. Strengthening the role of notaries in personal data protection will foster greater legal certainty and public trust in the notary profession. The integration of these findings with practical recommendations emphasizes the need for regulatory guidance and professional capacity building to support compliance with personal data protection standards.  

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