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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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Legal Responsibility of Local Government in Managing Urban Green Open Spaces: A Study of the West Flood Canal Riverbank in Semarang Gholin Noor Aulia Sari; 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.v11i2.13763

Abstract

This study aims to analyze the condition and function of green open spaces (RTH) along the West Flood Canal riverbank in Semarang City and to examine the legal responsibility of the local government in its management. Addressing a gap in prior studies that predominantly focus on technical and environmental aspects, this research adopts an empirical juridical method with a socio-legal approach, combining statutory analysis with field data from observations and interviews to evaluate the relationship between normative obligations (das sollen) and implementation realities (das sein). The findings indicate that although Semarang City has formally fulfilled the statutory requirement of 30% green open space, the proportion of accessible public RTH remains significantly below legal standards, revealing a substantive gap between regulatory compliance and functional effectiveness. From the perspective of Hans Kelsen’s theory of legal responsibility, this condition reflects incomplete fulfillment of legal obligations, despite ongoing governmental actions in planning, supervision, and enforcement. The novelty of this study lies in integrating ecological riverbank functions with a doctrinal analysis of municipal accountability, thereby advancing a norm-based framework for evaluating environmental governance. Strengthening green open space management is therefore essential not only for flood mitigation and environmental sustainability but also for ensuring legal accountability and improving urban public welfare.
Justice-Oriented Law Enforcement Against Notarial Embezzlement of Entrusted Investment Funds Furi Handayani; Dini Dewi Heniarti Of Law UNISBA
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.v11i3.13788

Abstract

This study aims to analyze law enforcement against Notaries who commit embezzlement of entrusted investment funds and to formulate a justice-oriented enforcement model. The problem arises from recurring cases of abuse of trust by Notaries that not only cause financial losses to investors but also reveal a gap between normative legal provisions and their fragmented implementation in practice. Previous studies tend to address notarial liability in a partial manner by separating criminal, civil, and administrative aspects, thereby failing to offer an integrated framework of enforcement. This research employs a normative legal method using statutory, conceptual, and case approaches, with secondary legal materials analyzed qualitatively through deductive reasoning. The findings demonstrate that embezzlement of entrusted funds by a Notary constitutes aggravated embezzlement when linked to professional authority, reflecting an abuse of public trust that extends beyond ordinary contractual violations. More importantly, the study finds that the core weakness of current law enforcement lies in the lack of integration among criminal sanctions, civil restitution, and administrative supervision, resulting in inadequate protection for investors. The novelty of this research lies in developing a justice-oriented law enforcement model that integrates punitive, restorative, and regulatory mechanisms into a coherent system, ensuring not only punishment but also restitution and preventive supervision. This model provides a more balanced approach to achieving legal certainty, investor protection, and professional accountability in notarial practice.
Ambiguity in APIP Supervisory Findings and the Limits of Administrative Court Jurisdiction in Indonesia Awaludin Nur Ihfan; Shinta Hadiyantina; Riana Susmayanti
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.v11i2.13807

Abstract

This study examines the ambiguity of the phrase “APIP Supervision Results” in Article 2(2) of Supreme Court Regulation No. 4 of 2015, which has led to inconsistent judicial interpretations and legal uncertainty regarding the jurisdiction of the Administrative Court in reviewing alleged abuse of authority. While existing studies primarily address the general relationship between administrative courts and supervisory mechanisms, they have not sufficiently analyzed the plurality of APIP supervisory regimes and their implications for jurisdictional limits. Employing normative legal research with statutory, case, conceptual, and philosophical approaches, this study analyzes regulatory frameworks and divergent court decisions to identify interpretative inconsistencies. The findings reveal that APIP supervision operates within a pluralistic and fragmented regulatory structure, encompassing multiple forms beyond regular and specific-purpose supervision, thereby rendering a purely formal interpretation inadequate. This study argues that limiting the meaning of “APIP Supervision Results” to specific supervisory typologies undermines legal certainty and restricts access to judicial protection. Accordingly, it proposes a shift toward a substantive interpretative approach based on normative criteria capable of accommodating diverse supervisory practices. The novelty of this research lies in its systematic reconstruction of the concept of APIP supervision results through a substantive-normative framework that integrates the plurality of supervisory regimes with theories of authority and legal certainty. Its contribution is to provide a doctrinal basis for clarifying the limits of administrative judicial authority and to offer practical guidance for achieving consistency in judicial interpretation, thereby strengthening legal certainty and administrative justice in Indonesia.
Implementation of Legal Protection for Employees Experiencing Workplace Accidents Faris Faturahman Putra; Arief Budiono; Gamar Muhdar; Jamal Hi Arsad; Robert Lengkong Weku; Faisal Faisal
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.v11i3.13813

Abstract

  This study aims to analyze the implementation of legal protection for employees experiencing workplace accidents at HCP Ltd. and to evaluate the extent to which the company fulfills workers’ rights in accordance with Indonesian labor regulations. The findings demonstrate that HCP Ltd. has formally implemented legal protection through employee participation in the BPJS Employment program, provision of medical treatment access, continuation of wage payments during recovery periods, and maintenance of employment relationships for injured workers. However, the implementation of such protection remains predominantly procedural and reactive, indicating a substantial gap between formal legal compliance and the substantive fulfillment of workers’ rights. Delays in Work Accident Insurance (JKK) claims, limited employee understanding of labor protection mechanisms, inconsistent occupational safety and health (OSH) supervision, and the absence of structured psychological rehabilitation reflect that worker protection has not yet fulfilled the due diligence standard required within contemporary labor governance. The novelty of this research lies in its empirical and micro-level examination of labor protection effectiveness within a specific corporate setting, thereby moving beyond conventional normative labor law studies that primarily emphasize statutory adequacy without critically assessing practical implementation. Theoretically, this study contributes to the development of labor law scholarship by strengthening the discourse on substantive legal protection, corporate due diligence obligations, and human-centered occupational safety governance. Practically, this research recommends strengthening internal OSH supervision, institutionalizing worker legal education, accelerating administrative claim mechanisms, and integrating psychological rehabilitation into post-accident recovery systems to ensure more effective, sustainable, and justice-oriented worker protection.
Implementation Gap of Constitutional Court Decision on Customary Forest Recognition in Aceh Zaki Ulya; Khairani Khairani; Aria Zurnetti
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.v11i3.13841

Abstract

This study aims to analyze the normative and empirical effectiveness of Constitutional Court Decision Number 35/PUU-X/2012 in protecting the constitutional rights of indigenous peoples regarding customary forest recognition in Aceh and to examine the factors contributing to its implementation gap. Although the decision constitutionally recognizes customary forests as the rights of indigenous peoples, formal recognition in Aceh remains substantially limited, creating a persistent disparity between constitutional guarantees and administrative realization that threatens legal certainty, indigenous rights protection, and sustainable forest governance. This issue demonstrates the urgency of evaluating whether constitutional adjudication has effectively produced substantive legal protection in practice. This study employs a socio-legal approach by integrating normative juridical analysis through statute, conceptual, and case approaches with empirical evaluation based on official data concerning customary forest recognition in Aceh up to 2024. The findings reveal that the implementation of the decision remains ineffective, as evidenced by the recognition of only 22,549 hectares out of more than 100,000 hectares of customary forests claimed by indigenous communities. The implementation gap is primarily caused by regulatory disharmonization, bureaucratic complexity, fragmented institutional authority, limited legal and technical assistance, and competing political-economic interests. The novelty of this research lies in integrating constitutional legal analysis with empirical measurement of implementation effectiveness while positioning Aceh's special autonomy and legal pluralism as a distinctive constitutional governance framework. The study concludes that constitutional recognition alone is insufficient to ensure substantive justice without comprehensive institutional, administrative, and regulatory reforms that strengthen the protection of indigenous peoples' constitutional rights.
Government Authority and Legislative Term Limits in Indonesia’s Constitutional Reform Raditya Feda Rifandhana; Bambang Angkoso Wahyono; Syahdina Yahwa; Mochamad Ardiyanto; Siska Nurkhasanah; Oktaviani Muliati; Agantoro Krishna Wistara; Sahal Hanafi
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.v11i2.13891

Abstract

This study aims to examine the existence of governmental authority in legal reform concerning legislative term limits in Indonesia and to analyze its constitutional implications within the Indonesian state governance system. The absence of explicit regulations limiting legislative tenure has created constitutional challenges, including concentration of political power, weakened institutional accountability, and unequal political opportunities that contradict the principle of equality before the law. The urgency of this research arises from the need to restore constitutional balance and ensure fair political competition within representative institutions. This research employs a normative legal method using statutory, conceptual, historical, and theoretical approaches, supported by the analysis of primary legal materials (the 1945 Constitution and election laws), secondary legal materials (legal doctrines and scholarly studies), and relevant tertiary sources. The findings reveal that governmental authority constitutionally enables legal reform through legislative policy formation and constitutional amendment mechanisms, and that legislative term limits are necessary to prevent structural domination, strengthen checks and balances, and promote ethical governance. The study further demonstrates that the absence of tenure limitation creates systemic inequality in political access, thereby requiring legal reform as a constitutional corrective instrument. The novelty of this research lies in positioning legislative term limits within the framework of equality before the law and governmental authority theory, offering a new constitutional perspective that integrates limitation of power with democratic legal reform to ensure equal political opportunity and reinforce constitutional democracy in Indonesia.
Constitutionalizing the Right to Truth as an Unwritten Constitutional Right in Indonesia Albertus Drepane Soge; Bimo Aryanto; Antonius Maria Laot Kian
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.v11i2.13908

Abstract

This study aims to construct a constitutional legal framework for recognizing the Right to Truth as an unwritten fundamental constitutional right within the Indonesian legal system. Although the 1945 Constitution does not explicitly enshrine the Right to Truth, this research argues that such a right can be derived from core constitutional principles, particularly the Rule of Law and Popular Sovereignty, through a progressive interpretation grounded in the Living Constitution doctrine. Employing a normative juridical method combined with conceptual, comparative, and case law approaches, this study demonstrates that constitutional rights are not limited to textual enumeration but may evolve in response to contemporary democratic needs. The findings reveal that the Right to Truth functions as a foundational prerequisite for ensuring transparency, accountability, and the effective exercise of popular sovereignty, particularly in historical, legislative, and administrative contexts. The novelty of this research lies in repositioning the Right to Truth from an international human rights norm into a constitutional doctrine capable of serving as a direct source of law within domestic governance. This study contributes both theoretically, by developing a framework for recognizing unenumerated constitutional rights in Indonesia, and practically, by providing a doctrinal basis for the Constitutional Court and policymakers to institutionalize the Right to Truth as a justiciable constitutional guarantee, thereby strengthening democratic integrity and constitutional protection for citizens.
Civil Liability for Consumer Safety Violations in Music Concert Management Dea Kumala Putri; Dwi Aryanti Ramadhani
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.v11i2.13974

Abstract

The increasing scale of commercial music concerts in Indonesia has generated significant legal problems related to consumer safety protection and organizer accountability, particularly when operational failures threaten public security, as reflected in the 2024 Lentera Festival incident in Tangerang. Weak implementation of consumer protection norms demonstrates a gap between statutory guarantees and practical enforcement in large-scale entertainment events. This research applies a normative juridical method employing statute and case approaches to examine the application of consumer safety and security principles and the resulting civil liability of concert organizers. Legal materials analyzed include Indonesian Consumer Protection Law Number 8 of 1999, the Civil Code, doctrinal writings, and relevant case facts. The findings indicate that the organizer’s lack of transparency, inadequate risk management, and failure to ensure operational preparedness constituted violations of consumer safety principles and resulted in both breach of contract and unlawful acts. Such violations trigger civil liability under Articles 1243 and 1365 of the Civil Code, alongside statutory compensation obligations under consumer protection law, granting consumers rights to material and immaterial damages. This study demonstrates that consumer safety principles must operate as enforceable operational standards rather than declarative norms. The novelty of this research lies in explicitly integrating consumer protection principles with civil liability construction within large-scale entertainment governance, showing that organizer negligence simultaneously activates contractual, tort-based, and statutory liability frameworks.
Legal Certainty and Due Care in Land Measurement :Evaluating Inconsistency Land Official's Action Eka Nurhikmah; Nelvina Djaja; Amanda Sela Sadina; Dwi Putra Nugraha
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.v11i2.13996

Abstract

This study examines the application of the General Principles of Good Governance (AUPB), particularly legal certainty and due care, in State Administrative Decisions concerning land measurement in Indonesia, with a focus on inconsistencies in administrative reasoning. While AUPB is formally recognized as a normative standard guiding administrative action, its practical implementation remains fragmented and often fails to ensure consistent decision-making. Employing a normative juridical method with case, conceptual, and comparative approaches, this research analyzes Decision No. 39/G/2025/PTUN.JKT and Decision No. 132/G/2025/PTUN.BDG to identify patterns of inconsistency in administrative and judicial reasoning. The findings reveal that contradictory legal reasoning and inadequate verification of factual and juridical data constitute violations of AUPB, undermining the legitimacy of administrative decisions and generating legal uncertainty for rights holders. These inconsistencies reflect not merely procedural deficiencies but structural limitations in the Indonesian administrative law framework, which predominantly relies on reactive judicial control rather than preventive governance mechanisms. By comparing Indonesia with the United States administrative law system, this study highlights the importance of structured reasoning standards and ex ante procedural safeguards in ensuring accountability. The novelty of this research lies in reconceptualizing administrative inconsistency as a systemic doctrinal issue and proposing the integration of technology-based verification and digital traceability as mechanisms to operationalize legal certainty and due care. The study contributes theoretically by bridging the gap between AUPB as a normative principle and its application in adjudication, and practically by offering policy-oriented recommendations to strengthen consistency, transparency, and accountability in land administration.
Legal Classification of Female Circumcision under Indonesia’s Legal Pluralism Framework Debby Hasmita; Ratna Sugiati; Krisnandifa Marshafira Riyandini; Marsudi Dedi Putra
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.v11i3.14167

Abstract

This study aims to analyze the juridical implications of the total prohibition of female circumcision under Article 102(a) of Government Regulation No. 28 of 2024 and to formulate a principled legal classification that distinguishes physically harmful invasive procedures from non-invasive symbolic cultural or religious practices. The enactment of Article 102(a) marks a decisive regulatory shift from the conditional harm-reduction framework of Ministry of Health Regulation No. 1636/2010 to a categorical ban; however, the provision's failure to define the boundary between invasive female genital mutilation and non-invasive symbolic acts generates three compounding juridical failures: unresolved constitutional tension with Article 18B(2) of the 1945 Constitution, unjustified legal exposure for healthcare workers performing harmless symbolic acts, and the risk of driving dangerous clandestine practices. No prior study has addressed this interpretive gap through a doctrinal classification framework applicable to Article 102(a). This study employs a normative legal research method integrating statutory, conceptual, and case approaches, with analysis conducted through identification, systematization, interpretation, and norm construction stages. The findings establish a two-tier classification model structured around four objective indicators — physical harm, medical risk, instrument use, and legal consequence — distinguishing Category 1 invasive FGM (subject to absolute prohibition) from Category 2 non-invasive symbolic rituals (conditionally permissible). The study further proposes a four-paragraph normative reformulation of Article 102(a) and recommends the issuance of technical implementing guidelines to operationalize the classification, protect healthcare workers from disproportionate liability, and harmonize health law unification with Indonesia's constitutionally recognized legal pluralism.

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