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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 245 Documents
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Integrating Child Protection Law and Digital Literacy in Optimizing Information Systems for Women and Children in Indonesia Yunan Prasetyo Kurniawan; Sheren Bilqis; Rizkitania Ulya Ibrahim
Jurnal Ius Constituendum Vol. 11 No. 2 (2026): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i2.12594

Abstract

This study aims to examine the implementation gap between Indonesia’s child protection legal framework and the utilization of the Online Information System for the Protection of Women and Children (SIMFONI PPA), and to develop an integrated optimization model that enhances its accessibility and effectiveness. Employing a juridical-sociological approach with descriptive qualitative analysis, data were collected through participatory observation, in-depth interviews with key stakeholders, and comprehensive policy review at the Integrated Service Center (P2TP2A) in Jakarta. The findings reveal that the system remains predominantly institution-driven rather than victim-oriented, constrained by non-user-centered design, inadequate digital infrastructure—particularly in disadvantaged regions—and significant digital literacy disparities shaped by socio-cultural factors. This study introduces a novel perspective by reconceptualizing digital literacy as a substantive legal right that is inherently linked to the fulfillment of victim protection, rather than merely a technical competency. Based on this framework, the study proposes an integrated human-centered model comprising technological redesign, legally mandated multi-sectoral coordination, and community-based digital empowerment. The implications of this research highlight the necessity of transforming digital governance into a rights-based ecosystem, where legal protection, technological accessibility, and social inclusion are systematically aligned to ensure effective and equitable access to justice for vulnerable groups.
Bridging Legal Gaps in AI-Generated Deepfake Pornography: A Comparative Approach to Privacy and Digital Ethics Gefy Caesarati Zumarno; Sri Jaya Lesmana; Ratna Indayatun
Jurnal Ius Constituendum Vol. 11 No. 2 (2026): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i2.12664

Abstract

This study aims to examine the legal gaps in regulating AI-generated deepfake pornography and to develop a comparative regulatory model to strengthen privacy protection and digital ethics in Indonesia. The rapid advancement of artificial intelligence has facilitated the creation and dissemination of non-consensual synthetic pornographic content, posing serious threats to individual privacy, dignity, and psychological well-being, while existing Indonesian laws remain fragmented and inadequate. This research employs normative legal research using statutory, conceptual, and comparative approaches, focusing on Indonesian regulations and comparative frameworks from California and South Korea. The findings reveal that current Indonesian legal instruments, including the Electronic Information and Transactions Law, the Pornography Law, and the Personal Data Protection Law, do not explicitly regulate deepfake pornography, resulting in legal uncertainty, enforcement challenges, and insufficient victim protection. In contrast, comparative jurisdictions provide clearer definitions, consent-based standards, and comprehensive victim remedies. This study proposes a regulatory reform model based on lex specialis principles, digital ethics, victim-centered protection, and adaptive legal governance to address AI-based digital crimes. The originality of this research lies in its integrative comparative framework that connects criminal law, personal data protection, and digital ethics to formulate a comprehensive and future-oriented legal response. These findings contribute to the development of responsive legal policies and provide a normative foundation for regulating synthetic media to safeguard digital privacy and human dignity in the artificial intelligence era.
Gender Bias in Indonesia’s KIA Law: A Normative Analysis of Paternity Leave Puti Mayang Seruni; Lidia Febrianti; Rahima Azzahra
Jurnal Ius Constituendum Vol. 11 No. 1 (2026): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i1.13100

Abstract

This study aims to critically examine how Law Number 4 of 2024 concerning the Welfare of Mothers and Children in the First Thousand Days of Life (KIA Law) reproduces gender bias against female workers through a law-and-gender-equality perspective. The problem raised is that several articles in the KIA Law perpetuate the domestication of women due to the minimal paternity leave provided and the lack of regulation of wage rights for workers who take paternity leave. This results in female workers being required to take full responsibility for the welfare of their children, while male workers are only minimally protected because they do not receive protection for their roles as fathers and husbands. The research method used is normative legal research with statutory and conceptual approaches. This study shows that in Indonesia, there is a stereotype that men's roles are in the public sector and women's roles are in the domestic sector. Although many women currently play roles in the public sector, domestication still occurs, creating a dual role for women. The KIA Law has not yet addressed this issue. The design of paternity leave and unclear wage schemes during this leave in the KIA Law still reflects structural gender bias that encourages the domestication of women. Lack of support from men, which aligns with the role of men, leads women to choose to stop working after giving birth. This research provides a normative contribution to the development of gender-equality-based employment regulations and serves as the basis for recommendations for parental leave policy reform in Indonesia.
Justice-Based Reconstruction of Prosecutorial Anti-Corruption Policy In National Strategic Projects Idianto Idianto
Jurnal Ius Constituendum Vol. 11 No. 1 (2026): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i1.13137

Abstract

  This study aims to reconstruct the criminal law policy of the Attorney General's Office (AGO) in accelerating Indonesia's National Strategic Projects (PSN), which currently has not been fully grounded in the value of justice. The research finds that the prevention of corruption in PSN remains dominated by a penal (repressive) approach and lacks a balanced non-penal (preventive) strategy, despite the AGO holding a central role as a law enforcement agency. This imbalance demonstrates the urgency of reconstructing criminal law policies to align with the principles of justice and effectiveness in corruption prevention. Employing a normative legal research method, this study concludes that a comprehensive policy reconstruction is required through structural strengthening, substantive regulatory reform, and legal culture revitalization. The novelty of this research lies in proposing the formal inclusion of the Strategic Project Protection Team (PPS) within corruption prevention regulations. This reconstruction institutionalizes the AGO's preventive role. It introduces a justice-based framework where asset recovery and administrative remedies take precedence, thereby ensuring that national development proceeds effectively without compromising legal integrity.
Mapping Indonesian Business Law Research After The Job Creation Law: A Bibliometric Analysis Ayu Kholifah; Shelly Kurniawan; Lastuti Abubakar; Anita Afriana
Jurnal Ius Constituendum Vol. 11 No. 1 (2026): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i1.13200

Abstract

This study maps and analyzes the development of Indonesian business law research following the enactment of Law Number 11 of 2020 on Job Creation, which significantly reshaped the national regulatory landscape and generated extensive academic debate. Despite growing scholarly attention, there remains limited empirical evidence systematically examining thematic trends, influential publications, and emerging research directions in this field. Using a bibliometric approach, this study analyzes 187 Scopus-indexed publications published between 2021 and mid-2024. Bibliometric indicators, including citation analysis, keyword co-occurrence, and network visualization, were examined using VOSviewer to identify dominant themes, leading journals, and research clusters. The findings reveal that research has grown steadily, with fintech regulation, micro and small enterprise governance, halal business, and banking law emerging as dominant themes. The International Journal of Law and Management was identified as the most influential publication outlet. The analysis also highlights emerging scholarly attention to Perseroan Perorangan as a new legal entity introduced by the Job Creation Law, while areas such as consumer protection and insolvency remain underexplored. This study contributes to the literature by providing the first comprehensive bibliometric mapping of Indonesian business law research in the post-Job Creation Law era. The findings offer valuable insights for scholars, policymakers, and regulators in understanding research trajectories, identifying gaps, and supporting evidence-based legal development to enhance regulatory effectiveness and sustainable business governance in Indonesia.
Sekolah Rakyat and the Fulfillment of the Right to Education from a Constitutional Law Perspective Fritz Edward Siregar
Jurnal Ius Constituendum Vol. 11 No. 1 (2026): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i1.13243

Abstract

This study examines the constitutional validity of the Sekolah Rakyat program as a state mechanism for fulfilling the right to education under Articles 31 and 34 of the 1945 Constitution of Indonesia. Despite the formal guarantee of tuition-free education, structural barriers—including subsistence costs, transportation expenses, and opportunity loss—continue to prevent economically marginalized groups from accessing education. This research employs a qualitative descriptive-analytical method using a constitutional law approach, supported by statutory, doctrinal, and jurisprudential analysis, including Constitutional Court Decision Number 3/PUU-XXII/2024. The findings reveal that Sekolah Rakyat, through its fully funded boarding school model, transforms abstract constitutional guarantees into substantive educational access by eliminating structural resource barriers that conventional free education policies fail to address. This study advances constitutional law scholarship by conceptualizing state-funded boarding education as an enforceable constitutional obligation rather than a discretionary social policy. However, the research also identifies critical risks related to institutional fragmentation, governance incoherence, and fiscal sustainability, which may undermine its constitutional function. Therefore, the study argues that comprehensive legal institutionalization, integrated governance, and sustainable public financing are essential to ensure the program’s permanence and effectiveness. This research provides theoretical and policy contributions by strengthening the legal framework for socio-economic rights protection and offering a model for embedding transformative education policies within binding constitutional obligations to achieve substantive equality and sustainable human capital development.
Share Buybacks Without General Meeting Approval: Ratio Legis and Shareholder Protection Reynaldi Sepriyan Prayoga; Sudaryat Sudaryat
Jurnal Ius Constituendum Vol. 11 No. 3 (2026): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i3.13469

Abstract

Financial Services Authority Regulation No. 13 of 2023 permits share buybacks without a General Meeting of Shareholders (GMS) during significantly fluctuating market conditions as a market stabilization instrument. Despite this, prior research has not sufficiently addressed the policy’s implications for corporate governance and legal protection of shareholders, particularly regarding the removal of the GMS requirement. The present study analyzes the ratio legis of the criteria for significant fluctuations in markets and evaluates legal protections for shareholders in share buybacks conducted without a GMS. Employing a juridical-normative method with statutory and conceptual approaches, the findings indicate that the criteria for significantly fluctuating markets lack objective and measurable formulation, resulting in broad discretionary authority. Legal protection mechanisms are primarily formal, relying on information disclosure without substantive shareholder participation, and the application of repressive protection remains limited in practice. These conditions exacerbate information asymmetry and heighten the vulnerability of minority shareholders. The study identifies an imbalance between market stability objectives and shareholder protection and recommends enhanced legal safeguards through an ex post GMS approval mechanism and improved participatory information disclosure. Furthermore, it is advised that the Financial Services Authority (OJK) utilize a Circular Letter containing scientifically reliable economic data and indicators when determining significantly fluctuating market conditions Keywords: Buyback; Capital Market ;Fluctuating Market,;General Meeting of Shareholders.
Press Freedom Paradox in Indonesia's Electoral Democracy and Local Governance Syafriadi Syafriadi; Selvi Harvia Santri; Akmar Efendi
Jurnal Ius Constituendum Vol. 11 No. 3 (2026): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i3.13560

Abstract

This study examines the implementation of press freedom within Indonesia’s electoral democracy and evaluates its role in promoting transparency and accountability during the 2024 Simultaneous Regional Elections. The issue is significant because democratic quality depends not only on electoral procedures but also on the availability of independent and credible public information. This research employs a mixed doctrinal–empirical legal approach by integrating constitutional and statutory analysis with qualitative sociological observation of media practices, political intervention, ownership structures, economic dependency, and digital information dynamics during the electoral process. The findings reveal a persistent paradox of press freedom in Indonesia. Although constitutional provisions and Law No. 40 of 1999 formally guarantee media independence, journalistic practices remain constrained by political patronage, media ownership concentration, regulatory fragmentation, economic pressures, and digital disinformation. These conditions weaken informational integrity, encourage selective news framing, and limit democratic deliberation. The novelty of this study lies in the development of the concept of hybrid media democracy, which explains press freedom as simultaneously functioning as a constitutionally protected democratic institution and a socio-political system shaped by political and economic interests. The study contributes to the literature by integrating constitutional law, democratic governance theory, and media sociology into a unified analytical framework that explains the gap between formal press freedom and substantive democratic outcomes. Strengthening democracy therefore requires legal protection, institutional autonomy, transparent media governance, and enhanced digital media literacy.
Legal Conflicts in Granting Mining Permits to Religious Organizations in Indonesia Alik Maulidatin; Nur Chanifah; Indah Dwi Qurbani
Jurnal Ius Constituendum Vol. 11 No. 2 (2026): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i2.13591

Abstract

This study examines the normative conflict arising from granting Special Mining Business Permits (IUPK) to business entities owned by religious organizations in Indonesia and evaluates its implications for environmental protection and legal system coherence. This issue emerges from the inconsistency between Law No. 2 of 2025, which prioritizes religious organizations in obtaining mining permits, and Law No. 17 of 2013, which mandates these organizations to preserve natural resources and the environment. This research employs normative legal research using statutory and conceptual approaches, supported by prescriptive analytical methods to assess legal consistency, environmental principles, and institutional mandates. The findings reveal a fundamental philosophical and juridical contradiction between the extractive orientation of mining law and the socio-religious and ecological mandate of community organization law. This regulatory inconsistency creates legal uncertainty, weakens environmental protection, and risks transforming religious organizations from social-ethical institutions into extractive economic actors. Furthermore, this policy potentially undermines the constitutional principle of state control over natural resources and the precautionary principle in environmental governance. This study proposes a legal reconstruction model through harmonization of conflicting regulations, removal or restriction of priority mining rights for religious organizations, and redirection of their economic activities toward sustainable non-extractive sectors. The originality of this research lies in its integrative normative framework linking legal hierarchy, environmental constitutionalism, and institutional legitimacy to develop a coherent and sustainability-oriented mining governance model. These findings contribute to strengthening environmental legal policy and preserving the normative integrity of religious institutions in natural resource governance.
Regulatory Compliance and Institutional Effectiveness in Urban Drainage Governance: An Empirical Study of Semarang City Amelia Eka Rahmawati; Rodiyah Rodiyah
Jurnal Ius Constituendum Vol. 11 No. 2 (2026): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i2.13762

Abstract

This study aims to evaluate the effectiveness of urban drainage governance in Semarang City by examining the institutional performance of the Public Works Agency in implementing Minister of Public Works Regulation No. 12/PRT/M/2014, as well as identifying the key constraints affecting its implementation. Urban flooding and waterlogging remain persistent issues, indicating a gap between regulatory mandates and practical outcomes. Employing an empirical juridical approach with a descriptive design, this research integrates normative legal analysis with field data obtained through interviews, observations, and literature review, which are analyzed qualitatively. The results show that although drainage management programs have been formally implemented in accordance with regulatory provisions, their effectiveness remains partial, as evidenced by recurring flooding caused by limited infrastructure capacity, sedimentation, delayed budget allocation, and low levels of community participation. The novelty of this study lies in its integrative analytical framework that connects regulatory compliance with institutional performance, demonstrating that legal effectiveness in infrastructure governance is contingent upon implementation capacity rather than merely normative existence. These findings imply that strengthening urban drainage governance requires performance-based maintenance planning, improved procurement mechanisms, enhanced inter-agency coordination, and institutionalized community participation to ensure sustainable flood risk mitigation.

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