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Journal Iuris Scientia
Published by Yayasan Merassa Indonesia Publikasi
ISSN : 29855950     EISSN : 29858836     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal Iuris Scientia (JIS), publikasi hasil penelitian dan konseptual dari dosen, mahasiswa, praktisi, birokrat tentang dinamika perkembangan, pengembangan hukum yang berlaku di masyarakat baik yang tertulis maupun tidak tertulis. Diterbitkan 2 kali dalam 1 tahun yaitu setiap Januari dan Juli. Scope JIS adalah ; 1. Hukum Admistrasi Negara 2. Hukum Tata Negara 3. Hukum keperdataan 4. Hukum Pidana 5. Hukum Adat 6. Hukum Syariah 7. Hukum Teknologi Informasi 8. Hukum Acara Pidana 9. Hukum Acara Perdata 10. Hukum Acara PTUN 11. Hukum Acara Mahkamah Konstitusi 12. Hukum Acara Peradilan Khusus 13. ADR 14. dan materi hukum lainnya
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 50 Documents
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REKONSTRUKSI ASAS PUBLISITAS DAN KEWAJIBAN ADMINISTRATIF KURATOR DALAM HUKUM KEPAILITAN: ANALISIS PUTUSAN MK NO. 74/PUU-XXIV/2026 Maddenleo T Siagian; Purgito Purgito; Fransiskus Litoama
JOURNAL IURIS SCIENTIA Vol. 4 No. 2 (2026): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

Decision of the Constitutional Court No. 74/PUU-XXIV/2026 dated April 29, 2026 introduces a significant shift in the interpretation of Article 74 paragraph (1) of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), particularly by expanding the procedural obligations of trustees (curators) in submitting bankruptcy reports. The Court held that curators are not only required to file reports at the Commercial Court Registry, but must also deliver copies of such reports directly to debtors and creditors through various communication channels. This study aims to critically examine the legal and practical implications of this expanded interpretation on the principles of efficiency, effectiveness, and legal certainty within the Indonesian bankruptcy system. This research employs a normative legal method using statutory, conceptual, and case-based approaches, focusing on the Constitutional Court decision. The findings indicate that the expanded administrative obligations imposed on curators may increase bankruptcy costs, create excessive administrative burdens, and reduce the value of the bankruptcy estate available for distribution to creditors. In addition, the ruling raises potential legal uncertainty regarding the validity and evidentiary status of electronically delivered notifications. The decision also reflects elements of judicial activism, as it extends into technical regulatory matters that arguably fall within the competence of the legislature or judicial administrative regulators. Therefore, strengthening transparency in bankruptcy proceedings would be more appropriately achieved through the optimization of integrated digital court information systems rather than by expanding individual notification duties imposed on curators.
URGENSI PENGATURAN DO NOT RESUSCITATE (DNR) DALAM SISTEM HUKUM KESEHATAN DI INDONESIA Rizka Rizka; Friska Azharun Tyas Ardellia; Yusril Aulia Patra
JOURNAL IURIS SCIENTIA Vol. 4 No. 2 (2026): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

This study examines the Do Not Resuscitate (DNR) regulation in global health law and the urgency of its establishment in Indonesia. This study uses a normative approach with descriptive-analytical specifications through both statutory and conceptual approaches. The data sources used include primary legal materials, namely the 2023 Health Law, Minister of Health Regulation Number 37 of 2014, and the Indonesian Code of Medical Ethics (KODEKI), as well as secondary legal materials in the form of books, journals, and previous research. The results of the study indicate that: (1) DNR regulation at the global level has developed steadily, including through international instruments such as the Universal Declaration of Human Rights (1948) and the International Conference on Medical Ethics (2024), as well as regulations in various developed countries, such as the Uniform Health-Care Decisions Act in the United States (through the POLST scheme), the Mental Capability Act in the United Kingdom (through DNACPR), and Advance Care Planning in Japan; (2) In Indonesia, DNR regulations are still implicit, reflected in the Health Law (Articles 276 and 293) and the Minister of Health Regulation (Article 14), thus giving rise to legal, potential criminal risks under the Criminal Code (Articles 458 and 474), and ethical conflicts in medical practice. The urgency of establishing DNR regulations in Indonesia is based on a human rights perspective, the Beauchamp-Childress bioethics principle, and the theory of legal positivism.
FUNGSI HUKUM ADAT DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Saiful Anam
JOURNAL IURIS SCIENTIA Vol. 1 No. 2 (2023): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

In the formation of laws and regulations, we tend to forget customary laws that have existed and are used in everyday life. The formation of laws and regulations based on cultural values and the nation's cultural culture needs serious attention. The search for customary law that applies in Indonesia to then be used as a basis for the formation of national law is very crucial in the midst of the decline in the adoption of the nation's cultural values so that customary law can be used as a reflection in the formation of law both at the central and regional levels in Indonesia. This writing uses sociological normative writing methods that will provide an elaboration of the position and position of the Customary Constitution in the Indonesian legal system. Through the writing of this journal, it is expected to provide an understanding of how important the position of the Customary Constitution is in legal development in the modern era. With the actualization of Customary Law in the formation of Law, it is hoped that we can nurture the wealth of noble values of the nation and be maintained as part of the nation's wealth, and Customary Law will still be used as a reference in every life of the nation and state in Indonesia.
PENGARUH PRESIDENTIAL THRESHOLD TERHADAP ALTERNATIF PILIHAN CALON PRESIDEN DAN WAKIL PRESIDEN Sirajul Munir
JOURNAL IURIS SCIENTIA Vol. 1 No. 2 (2023): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

The design of holding presidential elections is based on Article 6A paragraph (2) and Article 22 E paragraph (1) of the 1945 Constitution and Election Law Number 7 of 2017 (hereinafter referred to as the Election Law). Article 222 in the Election Law affects the form of people's sovereignty in choosing presidential candidates on condition that it must be proposed by a political party/combination of parties participating in the election that has 20% of the total DPR seats or 25% of the national valid votes in the previous DPR member election. Presidential Threshold is one way to strengthen the presidential system. On the other hand, the existence of the Presidential Threshold actually limits political parties from being able to easily nominate presidential candidates. This type of research is normative juridical research using the statutory approach and conceptual approach method. The results showed that the Presidential Threshold as an open legal policy whose authority was given to the framer of the Law. The Presidential Threshold is not entirely the main problem preventing the emergence of alternative diverse choices in the presidential election. But it is more about the willingness and ability of political parties to offer cadres and work programs in contesting presidential elections.
ANALISIS STRATEGI PEMBERANTASAN KORUPSI DI INDONESIA DALAM PERSFEKTIF HUKUM ADMINISTRASI NEGARA Nabilah Ratna Dewi
JOURNAL IURIS SCIENTIA Vol. 1 No. 2 (2023): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

In Indonesia, corruption has become an open secret and has broad implications in people's lives. Corruption is one form of abuse of authority so that it intersects with administrative law which has an important role to supervise the government. This paper aims to analyze strategies to eradicate corrupt practices in Indonesia based on state administrative law. The research method used in this paper is juridical normative. Based on the results of the discussion, it can be concluded that the functions and roles of the State Administration Law in eradicating corruption in Indonesia, including: (1) Legal supervision of government administration and (2) Bureaucratic reform. Strengthening the State Administration Law is important as one of the effective options as a form of prevention and eradication of corrupt practices in Indonesia. There are several strategies to eradicate corrupt practices in Indonesia based on the State Administration Law, including: (1) Forming a leadership spirit for good governance, (2) Improving government administration institutions, (3) Strengthening the law, (4) Improving the integrity and ethics of state administration, and (5) Establishment and strengthening of Anti-Corruption Institutions.
PENEGAKAN HUKUM ADMINISTRASI LINGKUNGAN HIDUP TERHADAP PENCEMARAN PEMBUANGAN LIMBAH KULIT Abdul Ropik Fauzi; Wahyu Nugroho; Fahririn Fahririn
JOURNAL IURIS SCIENTIA Vol. 1 No. 2 (2023): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

Enforcement of environmental administrative law is something that is often found in every environmental problem in cases of environmental pollution by industry. Administrative law enforcement is considered the most important law enforcement effort. This is because administrative law enforcement is more aimed at efforts to prevent pollution and environmental damage. The research method used is an empirical legal research method that is descriptive in nature using a normative juridical approach. The source of this research is primary data obtained through interviews as well as secondary data, namely laws and regulations related to the object of research. The research results obtained are first, the enforcement of environmental law due to violations of environmental pollution due to waste disposal by the leather tanning industry in Garut Regency based on Legislation in the Environmental Sector is not optimal and the supervisory function is weak, resulting in various violations by the leather tanning industry is still found; and second, several factors in enforcing environmental law in Garut Regency towards the leather tanning industry for waste pollution, namely internal factors and external factors.
ANALISIS YURIDIS LARANGAN MEROKOK BAGI PENGEMUDI SEPEDA MOTOR DI JALAN RAYA Fahririn Fahririn; M. Lu’ay Al Hakim
JOURNAL IURIS SCIENTIA Vol. 1 No. 2 (2023): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

Traffic safety aims to reduce victims of traffic accidents on the road. The number of victims of traffic accidents is much higher than that of sea, rail, and air transport accidents. Every regulation made is aimed not to "force" but to create an orderly order of life and guarantee the rights of everyone who is the subject of the law. In this sense, the law is a tool of social surveillance that applies either to individuals or broadly in society. A person not only protects themselves from legal sanctions while obeying the law. This is a process of respecting the rights of others to be guaranteed protection, safety and comfort in traffic. Smoking, as a case of traffic violations in the aspect of disturbing concentration and unnatural. This research is an empirical research supported by primary data. Law enforcement and application have been carried out in accordance with the law but have not been maximized because the public still lacks awareness of traffic regulations in driving. The public does not know the rules prohibiting smoking while driving because law enforcement authorities do not conduct regular socialization. Protection for victims is already in place but there is no victim protection against offenders who smoke on the road.
PERLINDUNGAN KONSUMEN TERHADAP MENINGKATNYA PENIPUAN PRODUK YANG DIPERJUALBELIKAN SECARA ONLINE Fitri Fitri
JOURNAL IURIS SCIENTIA Vol. 2 No. 1 (2024): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

Use of electronic media to function as computerized information when making agreements, organizations that carry out their activities using electronic me- dia, for example the web, will see an impact on their exhibitions. However, considering that the agreement is made online does not mean there are no problems. This problem arises as a result of the increasingly widespread vio- lations that utilize the internet, in particular the widespread misrepresentation online, especially in online conversations. The enactment of Law Number 2 shows the efforts made by public authorities to protect consumers. 8 of 1999, which regulates customer guarantees. where consumer responsibilities and rights have been regulated. In addition, vendors have privileges and commit- ments. Therefore, the author's proposed research subject is "Legal Protection for Consumers Who Are Harmed in Transactions of Buying and Selling Goods in Online Stores". This problem concerns Shopee's policy in protecting con- sumers who are harmed in buying and selling transactions and how to do it. provides legal protection for consumers who suffer losses in buying and sell- ing goods through Shopee e-commerce as outlined in Law Number Concern- ing Consumer Protection Law Number 8 of 1999. This examination uses a juridical strategy which regulates using emotional examination which is cen- tered on the findings. These exploration findings have the opportunity to come to the conclusion that Consumer Insurance Regulation Number 8 of 1999 has made further efforts to protect online exchange trading. To protect online ex- changes, Shopee takes various approaches, including Article 26 which tends to commit, which touches on the regulation of Unofficial Law (PP) number 80 of 2019 concerning Exchanges Through Electronic Frameworks (UU PMSE)
PELAKSANAAN PEMILIHAN UMUM TAHUN 2024 DITINJAU DARI ASPEK SOSILOGI HUKUM Putra Said Aiditya
JOURNAL IURIS SCIENTIA Vol. 2 No. 1 (2024): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

Presidential Elections (Pilpres) and General Elections (Pemilu) are the main pillars of the Indonesian democratic system which illustrate the power of the people's vote. Central Java province, with its significant population and cru- cial role in national politics, plays an important role in determining the coun- try's future. In the aspect of legal sociology, the presidential election and gen- eral elections have a significant social, cultural and legal impact on society. Central Java Province, which is geographically, ethnically, religiously, cul- turally and socially diverse, provides its own dynamics in the political pro- cess. In 2024, presidential elections and general elections will be held again in Indonesia, including in Central Java Province. Therefore, this research aims to understand and analyze the social, cultural and legal impacts of the 2024 presidential and general elections in the Central Java Province region. By examining the role of social and cultural factors, as well as the role of legal institutions in overcoming election challenges and election conflicts, this research aims to maintain election integrity, increase community participa- tion, and maintain social and political stability during and after the 2024 Presidential Election and General Election in Central Java Province.
PERTANGGUNGJAWABAN HUKUM TERKAIT PENGELOLAAN LIMBAH B3 DALAM FASILITAS KESEHATAN Franky Yusuf
JOURNAL IURIS SCIENTIA Vol. 2 No. 1 (2024): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

The aim of this paper is to see how corporate criminal liability is realized in the form of hospitals and/or emergency hospitals in connection with criminal acts of disposal of solid medical waste during the Covid-19 pandemic, and to determine the factors that influence this criminal liability. The conclusion ob- tained is that companies and administrative officials who give orders to com- mit criminal acts can be held criminally responsible. Several factors can in- fluence the realization of criminal liability, namely less than optimal supervi- sion by law enforcement officials, unclear provisions, especially those related to emergency hospital accommodation, which requires legislative updates.

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