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[A Legal Review of Share Inheritance in Limited Liability Companies ]]>
<![CDATA[Achmad, Andyna Susiawati]]>;
<![CDATA[Indradewi, Astrid Athina]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i3.12026
<![CDATA[Conflicts over inherited company shares underscore ongoing legal uncertainties and highlight the need for a thorough legal review. The inheritance of shares in a Limited Liability Company (PT) is classified as a transfer of rights by operation of law (rechtsverkrijging onder algemene titel) as stipulated in the Indonesian Civil Code (KUHPerdata) and Law Number 40 of 2007 concerning Limited Liability Companies (Company Law). In principle, company shares are inheritable assets, and heirs have the right to receive them in accordance with inheritance laws. However, in practice, legal issues frequently arise when other shareholders object to heirs entering as new shareholders. This matter becomes more intricate when the company’s Articles of Association include clauses that limit the transfer of shares to external parties without the approval of current shareholders. This study aims to investigate the legal framework and practical application of share inheritance in limited liability companies in Indonesia. It employs a normative legal research method with statutory and conceptual approaches, drawing on secondary legal materials. The findings demonstrate that the inheritance of shares necessitates balancing the civil rights of heirs with the company’s interest in preserving business stability and continuity. This study presents a legal harmonization framework that has not been extensively explored in prior research. The innovation lies in its suggestion to harmonize inheritance law and corporate law to address potential conflicts and improve legal protection for both heirs and corporate stakeholders.]]>
<![CDATA[Criminal Sanctions as a Consequence of Negligence by Data Controllers In Personal Data Breaches ]]>
<![CDATA[Yanu Romansyah Melvando]]>;
<![CDATA[Milda Istiqomah]]>;
<![CDATA[Yuliati Yuliati]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i3.12078
<![CDATA[This research aims to analyse criminal sanctions due to negligence of personal data controllers that cause data leaks based on Law No. 27 of 2022 on Personal Data Protection (PDP Law). The increasing incidents of personal data leakage in Indonesia indicate weak legal protection related to personal data control. Meanwhile, the PDP Law does not explicitly regulate culpa, resulting in legal uncertainty and potential impunity for perpetrators. This research is important because there is a legal vacuum related to the liability of negligent data controllers and the weak deterrent effect of administrative sanctions that have been applied so far. This research uses a normative juridical method with a statutory approach, examining existing legal norms related to personal data protection, especially the PDP Law. The results show that the PDP Law has not expressly regulated the negligence of data controllers, resulting in a legal vacuum and weakening the enforcement of personal data protection. Therefore, this research offers a new norm formulation that explicitly regulates criminal sanctions for data controller negligence and criminal liability for negligent data controllers. Thus, the a need for reformulation of criminal norms against negligence to increase legal certainty and protect the rights of personal data owners in Indonesia.]]>
<![CDATA[Critiquing the Use of the Term Restorative Justice in Narcotics Cases ]]>
<![CDATA[Susilo, Erwin]]>;
<![CDATA[Setiawan Negara, Dharma]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i3.12150
<![CDATA[This study aims to evaluate the appropriateness of using the term “Restorative Justice” (RJ) in the settlement of narcotics cases at the investigation and inquiry stages in Indonesia, as regulated under the Regulation of the Chief of the Indonesian National Police Number 8 of 2021 concerning the Handling of Criminal Offenses Based on Restorative Justice (INPR 8/2021). The background of this research arises from the conceptual tension between RJ’s core principles—namely, victim-offender dialogue and community involvement—and the actual practice in narcotics cases, where the offender is simultaneously the victim and no external harmed party is present. The urgency of this writing lies in the widespread use of RJ terminology in policy documents without adequate alignment to its philosophical foundations, which may create confusion in legal interpretation and practice. Using normative juridical methods, this research employs conceptual and statutory approaches to find that the substance of INPR 8/2021 is more aligned with Rehabilitation Theory (RT), particularly the medical model, which views the offender as a patient in need of treatment rather than as a morally responsible agent. This study provides a novel conceptual clarification by framing INPR 8/2021 within the medical model of rehabilitation rather than traditional RJ. This reinterpretation contributes to more accurate legal discourse and supports the development of coherent and normatively sound drug policy frameworks in Indonesia, ensuring that the use of legal terminology reflects the actual purpose and design of the policy.]]>
<![CDATA[The Effectiveness of Restorative Justice in Resolving Criminal Acts: Interaction Between Ocu Customary Law and Positive Law ]]>
<![CDATA[Jzani, M. Rafsan]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i3.12234
<![CDATA[This study aims to analyze the effectiveness of restorative justice in resolving criminal acts at the Kampar District Police, focusing on the interaction between Ocu customary law and positive law. This study is urgent due to the legal system's increasing reliance on culturally grounded mechanisms for resolving minor crimes, particularly in regions like Kampar, Riau, where local customs remain influential. Restorative justice is considered a more humane and culturally adaptive approach, especially when involving traditional mechanisms. This study uses a qualitative normative method supported by case studies and interviews with customary leaders and police officials. The results show that restorative justice is effectively applied in Kampar with the involvement of the Ocu customary law, promoting reconciliation, victim recovery, and offender accountability. The synergy between customary institutions and the police plays a critical role in resolving disputes peacefully. However, challenges remain in harmonizing customary practices with national legal standards, requiring legal reform and capacity building among law enforcement and customary leaders. This study contributes uniquely by empirically demonstrating a functional hybrid justice model at the police level in a customary law context. It highlights how restorative justice, rooted in local traditions, can operate effectively within Indonesia’s legal pluralism framework. This article recommends greater institutional support and legal recognition for customary-based restorative practices to enhance justice delivery in multicultural societies.]]>
<![CDATA[Criminal Mediation in the Settlement of Unlicensed Small-Scale Mining Crimes in the Jurisdiction of the East Java Regional Police ]]>
<![CDATA[Qoirul Khitam Bastomi]]>;
<![CDATA[I Nyoman Nurjaya]]>;
<![CDATA[Istislam Istislam]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i3.12276
<![CDATA[This study aims to analyze the effectiveness of the penal mediation approach in resolving illegal mining crimes (PETI) in the jurisdiction of the East Java Regional Police, which has been dominated by a repressive approach and has caused complex social, economic, and ecological problems. The repressive approach has failed to address the root causes of the problem, and PETI is often carried out by economically vulnerable groups due to an inclusive bureaucracy. The research method employed is a sociological-legal approach, combining normative analysis of legal regulations (das sollen) with empirical studies of law enforcement practices in the field (das sein). The research findings indicate that criminal mediation has gained legal legitimacy through various regulations, including the 2023 National Criminal Code, Police Regulation No. 8 of 2021, and Regulation No. 15 of 2020. In East Java, 393 PETI cases were resolved using this approach during 2023–2024, preventing 1,650 offenders from conventional litigation and saving law enforcement budgets. This approach reflects the renewal of Indonesian criminal law, which not only punishes but also restores and empowers. This study provides empirical evidence on the application of panel mediation in environmental criminal cases, an area rarely explored in previous research.]]>
<![CDATA[Quid Pro Quo Sexual Harassment Involving an Employee Through Staycation Modus ]]>
<![CDATA[Isnawan, Fuadi]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i3.12473
<![CDATA[Sexual harassment in the workplace remains a persistent problem that undermines human dignity and often arises from power imbalances or gender inequality. Such acts not only degrade and humiliate victims but also negatively affect their physical, psychological, and social well-being. In Indonesia, the Criminal Code (KUHP) provides only limited recognition of sexual violence, leaving many forms of harassment insufficiently regulated. This study aims to analyze criminal law policies in addressing workplace sexual harassment, with particular attention to the scope of criminalization and the effectiveness of legal enforcement. Using a normative legal research method combined with a case study approach, the study examines the legal framework, its application in practice, and its alignment with the public interest. The findings indicate that current criminal law provisions inadequately capture the diversity of sexual harassment forms and that law enforcement tends to be reactive rather than preventive. The study contributes by highlighting the urgency of reforming Indonesia’s criminal law policy to ensure comprehensive protection for victims, accountability for perpetrators, and the integration of preventive measures alongside repressive sanctions. In conclusion, the criminalization of workplace sexual harassment must extend beyond narrow definitions and be grounded in public interest, legal certainty, and victim protection, offering a more holistic approach to justice in the workplace.]]>
<![CDATA[Misreading the Court Decision: Reflecting on Constitutional Interpretation In Nusantara Capital Law Formation ]]>
<![CDATA[Simanungkalit, Dedy]]>;
<![CDATA[Vanny Vanny]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i3.12531
<![CDATA[This study examines the use of Constitutional Court decisions in the academic manuscript of the Draft Law on the National Capital (RUU IKN) and evaluates its consistency with the 1945 Constitution, while drawing comparisons with governance models of other national capitals. The establishment of Ibu Kota Nusantara raises constitutional concerns because its governance design as an Authority excludes direct elections for regional leaders and the existence of a Regional House of Representatives. This design risks subordinating constitutional norms to political will, thereby undermining democratic principles. Using a normative juridical approach combined with comparative legal analysis, the research finds that the academic manuscript employs Constitutional Court rulings selectively, weakening constitutional guarantees of local democracy. Although the Court has recognized special governance status for certain regions, such as Papua and DKI Jakarta, these precedents have never eliminated democratic institutions, since both regions still maintain electoral and representative mechanisms. A comparison with Putrajaya, Malaysia, shows that centralistic governance may offer administrative efficiency but comes at the expense of political accountability and public participation. The study concludes that implementing the IKN Law without amendment will endanger constitutional legitimacy and set a harmful precedent for democratic governance. The novelty of this research lies in its critical perspective on how constitutional interpretation is instrumentalized in strategic policymaking, combining judicial analysis with comparative insights. Normatively, it recommends revising the IKN Law to align with constitutional principles of local democracy and strengthen safeguards for public participation and accountability.]]>
<![CDATA[Beyond the Streets: Rethinking Legal Protection for Exploited Street Children in Indonesia ]]>
<![CDATA[Musofiana, Ida]]>;
<![CDATA[Ahmed Kheir Osman]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i3.10526
<![CDATA[This study investigates the urgency of providing legal protection for street children who are victims of exploitation amid the increasing number of reported cases and weak law enforcement responses. Employing a normative juridical method with a descriptive–analytical approach, the research integrates primary and secondary legal materials to evaluate the effectiveness of existing protection mechanisms. The findings reveal that poverty, limited social supervision, and the absence of deterrent sanctions are the dominant factors driving child exploitation. The consequences are multidimensional, adversely affecting the children’s physical health, education, psychological stability, and long-term socioeconomic prospects. The novelty of this research lies in its interdisciplinary integration of legal, social, economic, educational, and health perspectives to formulate a responsive and applicable model of protection. The study concludes that combating the exploitation of street children requires more than normative regulations; it demands a coordinated cross-sectoral framework involving legal institutions, social welfare agencies, and community participation to ensure effective and sustainable protection.]]>
<![CDATA[Reconstructing Legal Frameworks for Post-Mining Reclamation Guarantees and Ecological Justice ]]>
<![CDATA[Angga Kurniawan]]>;
<![CDATA[Abdul Madjid]]>;
<![CDATA[Istislam Istislam]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i3.12779
<![CDATA[This study analyzes the effectiveness of post-mining reclamation guarantee fund regulations in achieving environmental restoration and reconstructs a normative framework oriented toward ecological justice. The current reduction of reclamation guarantees to mere administrative requirements demonstrates the failure of the law to provide substantive protection for citizens’ constitutional rights to a healthy environment. Using normative juridical research with legislative, conceptual, and historical approaches, this study employs prescriptive–analytical methods to evaluate the gap between legal norms and practice and to formulate a responsive legal model. The findings reveal that reclamation guarantee funds have not effectively functioned as substantive legal instruments due to regulatory disharmony between the Minerba Law and the Environmental Protection and Management Law (UUPPLH), weak supervision, and the absence of strict sanctions. The study proposes a reconstruction of the legal framework through harmonization of environmental and mining regulations, adoption of the polluter pays and strict liability principles, and strengthening of interagency coordination. In addition, the establishment of a transparent and participatory Multi-Stakeholder Monitoring Board and a public e-monitoring system is recommended to ensure accountability and ecological restoration. The novelty of this research lies in integrating constitutional and environmental justice perspectives into a double-track sanction system that combines preventive and repressive functions of reclamation guarantees. This approach advances the eco-constitutional paradigm by linking legal certainty, environmental accountability, and participatory governance in post-mining management.]]>
<![CDATA[Decomposition of Legal Constructions in Cross-Border E-Commerce Dispute Resolution from an International Civil Law Perspective ]]>
<![CDATA[Yulia Anggraeni, Happy]]>;
<![CDATA[Listiawati, Erna]]>;
<![CDATA[Auriana Dewi, Anisya]]>;
<![CDATA[Ragylia, R Tiara]]>;
<![CDATA[Wahyu Utami, Febriyanti]]>
<![CDATA[ Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER ]]>
Publisher : <![CDATA[Magister Hukum Universitas Semarang ]]>
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DOI: 10.26623/jic.v10i3.12792
<![CDATA[Digital transformation has driven a surge in cross-border transactions, but on the other hand, it has raised legal challenges related to jurisdiction, recognition of foreign judgments, and regulatory harmonization. The urgency of this research lies in the need for a legal framework that is fair, adaptive, and responsive to the complexities of international electronic commerce. This study aims to analyze the effectiveness of the application of International Civil Law (ICL) in the settlement of cross-border e-commerce disputes in the digital era. The method used is normative legal research based on a literature review, examining international regulations and practices of technology-based dispute resolution. The results of the study show that the harmonization of international regulations, the development of practical guidelines for e-commerce players, and clear regulations regarding the role of digital platforms are strategic steps to increase legal certainty and consumer confidence in cross-border transactions. This research offers novelty by emphasizing the integration of digital technology, including artificial intelligence and big data, in ADR-based dispute resolution mechanisms to strengthen effectiveness, legal certainty, and consumer confidence in the global arena.]]>
