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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.
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Articles 212 Documents
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Legal Reconstruction of Guarantee Institutions In Online Loan Disputes without Collateral Restianti, Riza; Wardiono, Kelik
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12823

Abstract

Riza Restianti, Kelik Wardiono Faculty of Law and Political Science, Muhammadiyah University of Surakarta, Surakarta, Indonesia c100210168@student.ums.ac.id   Abstract   This study analyzes the juridical implications of Decision No. 150/Pdt.G/2021/PN Cbi concerning the legal status of guarantee institutions in online loan disputes and their impact on legal protection and certainty. The absence of valid collateral in fintech-based lending has led to an increasing number of disputes, weakening creditors’ legal standing and contractual enforcement. This research aims to evaluate how the court’s interpretation in this decision reshapes the validity and enforceability of guarantees in digital lending contracts. Using a normative juridical method supported by qualitative analysis of legislation and judicial reasoning, the study explores the court’s assessment of unsecured lending practices within the framework of civil law principles. The results indicate that the decision underscores the necessity of verifiable and enforceable collateral mechanisms to protect creditors’ rights while maintaining fairness for debtors. Furthermore, the study highlights the urgency of reforming digital credit agreements to include structured verification and legal compliance mechanisms that uphold both transparency and contractual balance. The novelty of this research lies in its critical reconstruction of guarantee validity in online loan arrangements through the lens of judicial precedent, contributing to the development of civil law and fintech governance in Indonesia. The findings provide normative recommendations for policymakers to strengthen legal certainty, accountability, and consumer protection in digital financial transactions.
Synergy between Badan Amil Zakat Nasional and Badan Wakaf Indonesia to Strengthen Waqf Assets in Central Java Septiana, Yunita Dewi; Nuriyyatiningrum, Mahdaniyal Hasanah; Munawaroh, Lathifah Lathifah; Nadia, Rouahna Rouahna
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.v10i1.11542

Abstract

This research aims to analyze the synergy between Badan Amil Zakat Nasional (Baznas) and Badan Wakaf Indonesia (BWI) and to examine the obstacles and impact of synergy between both. Baznas and BWI are the two government agencies tasked with managing the muslim community assets; Baznas is tasked with collecting and utilizing zakat, while BWI is responsible for managing waqf assets. The zakat funds collected by Baznas are relatively large, but many have not been distributed. On the other hand, BWI has many waqf assets but does not have the funds to make them productive. Based on the strengths and weaknesses of each, cooperation between the two is crucial to be strengthened. This article is a qualitative research with a normative-empirical approach. The results of the research show that the synergy between the two is held in communication and coordination. The obstacles to synergy are related to funding for asset development, nazir's professionalism, lack of legalization of waqf assets. The synergy between Baznas and BWI has not had a significant impact on the development of productive waqf assets in the Central Java province. If both work together synergistically, they can generate a more beneficial and productive waqf for the ummah, as seen in the case of the Johar Market relocation and the establishment of healthcare services in the form of hospitals for the benefit of the community. This article complements the theme around the importance of synergy between waqf institutions so that the benefits of waqf and the sustainability of its management can run optimally, just as the commitment of both institutions to financial reporting is important, making nazir more professional can be achieved by providing training and establishing partnerships with other, more competent institutions.

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