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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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Potential Violations of the Right to a Good and Healthy Environment: The Impact of Granting Special Mining Permits on Religious Community Organizations Kurdi, Kurdi; Joko Cahyono; Cut Zulfahnur Syafitri
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.v10i2.11847

Abstract

This study aims to critically examine the potential violations of the constitutional right to a good and healthy environment arising from the government’s policy of granting Special Mining Business Permit Areas (WIUPK) to religious community organizations. The urgency of this research is based on concerns that these organizations, lacking adequate technical competence, may exacerbate environmental degradation, perpetuate violations left by previous permit holders, hinder the transition to renewable energy, and obstruct access to justice for victims of environmental harm. Using a normative juridical method with legislative and conceptual approaches, this study analyzes the policy from the perspective of environmental human rights, a focus absent in prior research. The findings reveal that the policy has a strong potential to violate the right to a good and healthy environment and contradicts the state’s obligation to protect human rights as guaranteed by the 1945 Constitution. The novelty of this research lies in its emphasis on the conflict of interest between the traditional role of religious organizations as community advocates and their new role as mining operators. Therefore, it is recommended that the government review and revoke the priority granting scheme for WIUPK and consider alternative participation models for religious organizations through non-operational mechanisms such as community development funds or minority non-controlling share ownership.
Declaration of a Corruption-Free Zone In the Prosecutor’s Office from the Perspective of Legal Theory R. Muhamad Ibnu Mazjah; Kurdi Kurdi
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.v10i2.11935

Abstract

This study aims to analyze the application of psychoanalytic and empiricist learning theories in human resource (HR) development and to examine the function of law in fostering compliance through the Integrity Zone at the Trenggalek District Attorney's Office. The urgency of this study lies in the importance of the integrity and professionalism of prosecution officials as a foundation for ensuring just legal certainty. This research employs a normative legal method with a statutory and conceptual approach. The findings indicate that effective HR management reflects a psychoanalytic aspect (internal mentality) influenced by empirical factors (work environment and infrastructure) as a driving force. This driving factor is then engineered through law to shape behavior. The novelty of this research is positioning the Integrity Zone not merely as an administrative program, but as an instrument of legal engineering that consciously applies learning theories to control and prevent behavioral deviations. In conclusion, administrative law, through the declaration of an Integrity Zone, serves as a strategic tool for building a culture of compliance and accountability within law enforcement institutions.
Substance Over Form vs Authentic Deed: Liability and Legal Certainty for VAT Transfer of Land Wijara Yasa, I Made Rai; Ida Ayu Sadnyini, Ida Ayu Sadnyini
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.v10i2.11959

Abstract

This study analyzes the legal implications of applying the substance over form principle in VAT imposition on land transfer transactions vis-a-vis authentic deeds, aiming to assess the legal liability and legal certainty. The urgency of this research is that the rise of formal transactions that obscure the economic substance of land transfer has challenged the effectiveness of VAT enforcement in Indonesia. The approach used in this research is a normative legal approach, which analyzes related regulations and literature documents. The research results concluded that legal responsibility for authentic deeds that do not fulfill the substance over form principle in the imposition of VAT depends on the condition of who violates the lawful cause clause in making the deed, so that legal responsibility can be borne by the PPAT and/or the parties. The principle of substance over form is only regulated in income tax regulations. In civil law, this principle is not regulated and explained, but with this principle, it can be proven that an authentic deed was made without a lawful cause as per Article 1320 of the Civil Code. Substance over form can give rise to new legal consequences for PPAT or parties in the transaction, even though it is not explicitly regulated in VAT regulations. This study is one of the few legal studies that highlights the gap between the practice of imposing VAT and the authenticity of PPAT deeds in the context of the substance over form principle.
Child Protection in the Digital Age: A Review of the Preventive Law Child Pornography Mardika, Nando Yussele; Prabaningrum, Dyah Retna
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.v10i2.12007

Abstract

This research aims to analyse the preventive legal role of the Ministry of Communication and Digital (Komdigi) in combating child pornography content on social media through a normative legal framework. The rise of content containing pornographic elements is increasing in this era of development. Therefore, Komdigi as a government institution has an essential role in handling and preventing pornographic content on social media accounts. This research approach uses the normative method by using written laws and regulations and other legal materials as references. This study concludes that there is a legal basis that regulates child pornography, but there are still shortcomings in the existing legal instruments. Furthermore, in making preventive legal efforts, Komdigi blocks pornographic content through the crawling method and collaborates with other agencies to present child-friendly content. However, in the process, there are still some obstacles. Komdigi carries out a strategic role through the crawling method to block harmful content and cooperates with other agencies to present child-friendly content. The novelty of this study lies in emphasising the institutional-based prevention dimension that supports the implementation of Pancasila values in digital space governance. This study contributes by highlighting Komdigi's strategic prevention function in grounding Pancasila values through digital content governance, an aspect that is not widely discussed in previous legal studies
Legal Certainty of The Positive Fictive Policy In Business Licensing Through The Online Single Submission Risk-Based Approach System In Indonesia Nurhayati, Nunik; Giftian Fajri Rustyono; Achmad Miftah Farid; Rohmad Suryadi
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.v10i2.12009

Abstract

This study aims to analyze the positive fictitious licensing policy under the Job Creation Law and assess its legal certainty using Gustav Radbruch’s philosophical framework. The background of this research arises from Indonesia’s legal reform agenda to streamline licensing through the OSS-RBA system. However, this reform raises concerns regarding legal certainty and institutional accountability. The urgency of this study lies in the regulatory ambiguity, lack of procedural safeguards, and removal of judicial oversight. Using a normative juridical method with statutory and conceptual approaches, the study finds that the current policy does not fully meet Radbruch’s four standards of legal certainty. Specifically, it suffers from unclear legal norms, insufficient factual grounding, unstable legal framework, and weak institutional implementation—such as the absence of a Presidential Regulation, undefined verifier responsibilities, and lack of integration between central and local systems. The study concludes that the positive fictitious mechanism needs substantial normative refinement to ensure fairness, transparency, and predictability. The novelty of this research lies in its philosophical approach to evaluating administrative legal reform, offering a deeper lens beyond procedural analysis. As a policy implication, the government should urgently issue implementing regulations, reestablish judicial review, and develop integrated technical guidelines to strengthen OSS-RBA's legal reliability and effectiveness.
Corporate Responsibility for Environmental Damage from The Perspective of Unlawful Acts and Environmental Justice Dahliani Dahliani; Hadi Tuasikal
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.v10i2.12020

Abstract

The purpose of this study is to analyze the application of the principles of unlawful acts and environmental justice to companies, obstacles to law enforcement, and the monitoring and enforcement system related to environmental damage in Indonesia. Environmental damage caused by corporate activities is a global issue. Companies often ignore ecological impacts, threaten biodiversity, and harm surrounding communities, requiring strict law enforcement. Law enforcement against companies that damage the environment in Indonesia faces major obstacles, such as a lack of effective supervision, corruption, and political influence, which hinder corporate responsibility for environmental damage. This study offers a novel perspective by focusing on the legal responsibility of perpetrators of land damage, moving beyond previous research that primarily discussed the government's right to sue for unlawful acts. This study uses a normative juridical approach with analysis of legal regulations, principles of corporate responsibility, and environmental justice, using secondary data analyzed qualitatively. The results indicate that corporate responsibility for environmental damage from the perspective of unlawful acts and environmental justice in Indonesia still faces obstacles. Although regulations govern corporate responsibility, applying the principles is ineffective due to political influence, corruption, and weak monitoring. Strengthening regulatory institutions, implementing transparent reporting systems, and imposing stricter sanctions on companies damaging the environment are important steps to ensure justice. Developed countries can serve as models for improving Indonesia’s law enforcement system.
Legal Protection of Customary Forests of the Awyu Tribe in South Papua From a National and International Law Perspective Kristin, Nonce Kristin Gaman; Dwi Pratiwi Markus; Hadi Tuasikal
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.v10i2.12042

Abstract

Amid the expansion of extractive industries that threaten ecosystems and marginalize indigenous communities, the Awyu Tribe in South Papua faces increasing pressure over the ownership and protection of their customary forests. This study aims to explore the ownership conflict of Awyu customary forests, assess the effectiveness of national and international legal frameworks, and evaluate the implementation of state policies in securing indigenous rights and ecological justice. The urgency of this issue lies in the persistent neglect of the Awyu people's legal standing, where regulations often fail to reflect their lived realities and cultural values. Using a normative legal method, the research applies statutory, conceptual, comparative, and case-based approaches, relying on secondary data sourced from literature and analyzed through qualitative-descriptive techniques. Findings indicate that although both national and international law recognize indigenous rights, implementation on the ground is obstructed by bureaucratic inefficiencies and competing economic interests. The principle of Free, Prior, and Informed Consent (FPIC) is frequently disregarded, resulting in systemic land dispossession and environmental degradation. This research offers a novel perspective by integrating fragmented legal mechanisms into a cohesive approach to indigenous forest protection. As a normative recommendation, the study calls for stronger enforcement of FPIC, institutional reform to reduce regulatory bias, and the meaningful inclusion of indigenous voices in policy formulation and implementation.
Legal Responsibilities Of Bandung's OKKO Bakery In Ensuring Product Safety Under Consumer Protection Law Number 8 of 1999 Andi Khuswatun Khasana; Amad Sudiro
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.v10i2.12065

Abstract

This research aims to investigate the legal liability of OKKO Bandung bakery regarding product safety compliance under Indonesia's Consumer Protection Law No. 8 of 1999, particularly following a BPOM investigation that identified unauthorized food additives in their bread products. The urgency of this study stems from increasing violations of consumer rights in the food industry, where producers fail to meet safety standards, potentially endangering public health. This research employs a comprehensive qualitative methodology, combining normative legal analysis with empirical fieldwork through structured interviews and systematic observations. The study reveals that producers bear significant legal obligations to ensure product safety, provide transparent product information, and offer appropriate compensation for damages. This research contributes new insights through its unique combined normative-empirical approach, analyzing actual court precedents demonstrating implementation gaps between legal theory and enforcement reality. The study proposes specific regulatory reforms, including mandatory third-party ingredient verification, enhanced supply chain transparency, and strengthened inter-agency coordination to effectively safeguard public health and consumer interests.
The Responsibility Of Business Actors In The Distribution of Blue-Labeled Skincare Products Through E-Commerce Based on Law Number 8 of 1999 Ardhelia Putri Salsabila; Christine S.T. Kansil
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.v10i2.12066

Abstract

This study analyzes the legal responsibility of business actors in distributing blue-labeled skincare products through e-commerce platforms, particularly in relation to violations of Law Number 8 of 1999 on Consumer Protection, BPOM regulations, and the Electronic Information and Transactions Law. The urgency of this research arises from the widespread circulation of unauthorized dermatological products sold without BPOM approval, posing serious health risks to consumers in the digital marketplace. Employing a normative juridical method with a statutory and literature approach, this study examines the fragmentation of regulatory frameworks, liability avoidance strategies, and the ineffectiveness of current enforcement mechanisms. The findings reveal that business actors exploit regulatory gaps to avoid accountability and that existing laws are reactive and insufficient for digital contexts. This research contributes novelty by integrating pharmaceutical and e-commerce law in analyzing liability and proposes regulatory reforms that include platform liability mandates, automated monitoring systems, and public awareness campaigns. The study concludes that stricter law enforcement, increased regulatory oversight, and comprehensive stakeholder education are essential to protect consumers and ensure legitimate commerce in Indonesia's digital era.
The Uniqueness of Primogeniture in Traditional Inheritance Systems Rozali, Ahmad; Marwin Marwin; Hidayat, Eko
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.v10i2.12094

Abstract

The uniqueness of primogeniture in traditional inheritance systems is urgent to examine, as it reflects enduring gendered power structures that persist amid legal modernization and evolving social norms. This research analyzes the uniqueness and resilience of the primogeniture inheritance system in traditional communities, particularly in Ratenggaro Traditional Village, Indonesia. It is situated within the legal pluralism context of Indonesia and the human rights-based critique of customary laws that prioritize male heirs. The study is urgent because modernization challenges traditional norms, demanding a reevaluation of gender equity in inheritance. Using a descriptive qualitative method with in-depth interviews and participant observation, this study finds that primogeniture governs not only material assets but also spiritual roles and kinship status. Despite modern pressure, elders uphold it as a symbol of identity and harmony. A unique finding is that although women do not inherit property, they are symbolically acknowledged through ritual practices involving gifts such as woven cloth and livestock. This study offers novelty by providing a legal-anthropological analysis of primogeniture in a remote indigenous context, contributing to discussions on legal pluralism, gender justice, and cultural sustainability. It suggests the need for dialogical reform that harmonizes adat law with constitutional equality.

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