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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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UPAYA PERLINDUNGAN HUKUM TERHADAP INFORMASI MEDIS PASIEN SEBAGAI AKSES LAYANAN ARSIP Adella Syafira Habsari
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

Legal protection is the provision of protection or protection for human rights. Personal data protection is related to the concept of privacy which requires protection for its confidentiality. Archives in their various forms of media are a source of information and collective memory that can increase national awareness, emphasize the identity and identity of the Indonesian nation. It would be more dangerous if there were archives in the form of personal data which is a trace data of the patient's medical record which is very confidential, so there are several special regulations such as Law Number 29 of 2004 con- cerning Medical Practice which regulates that every Doctor and Dentist in Carrying out medical practice must create medical records and these medical records must be kept confidential by the Doctor or Dentist and the head of the health service facility. The medical record file belongs to the health service facility and its contents in the form of a summary of the medical record belong to the patient. The summary can be given, recorded or copied by the patient or person authorized to do so or with the written consent of the patient or their family who have the right to do so
FENOMENA BULLIYING DI SEKOLAH DALAM PERPEKTIF HUKUM Ghofar Maulana Arif
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

Schools must be a comfortable and safe place for students to attend school. However, this does not rule out the possibility that several incidents and occurrences will occur that could endanger student safety, especially bullying at school. Bullying itself is a form of oppression or violence carried out intentionally by one person, or carried out continuously by a group of people who are stronger or more powerful than other people, with the aim of harming them. The punishment system for perpetrators of bullying stipulates that children under the age of 12 will not be prosecuted, that children aged 12 but still under 18 cannot face criminal charges and adults can be criminally prosecuted as well as acts. Bullying is often experienced by many people, especially minors. Children are the heirs of the nation and the younger generation who realize the nation's ideals. Therefore, it is very important to maintain the child's growth and development process. If children often receive harsh treatment or are exposed to acts of violence during their growth and development, the process of character formation will be disrupted. Protection of children from violence is mandated by Article 28B paragraph (2) of the 1945 Constitution which basically states that children have the right to survival, growth and development, and protection from violence and discrimination. Many incidents of bullying have occurred and have caused serious impacts such as depression and even claimed lives. Therefore, forms of treatment and protection are preventive and repressive. This research uses a normative juridical legal methodology that combines legal and conceptual approaches.
PENEGAKAN HUKUM TERHADAP TERORISME DALAM UPAYA MENCIPTAKAN KEAMANAN NASIONAL Darmato Darmato; Mig Irianto Legowo
JOURNAL IURIS SCIENTIA Vol. 2 No. 2 (2024): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

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

Abstract

Background Over time, terrorist crimes in Indonesia also continue to develop following the times. The modus operandi of terror attacks which was initially structured has become unstructured, for example in lone wolf attacks. Terror networks not only carry out physical attacks, but also carry out propaganda by utilizing developments in information technology, for example through the internet and social media. Problem Formulation How to enforce terrorism law in efforts to overcome terrorism in Indonesia, yuridis normative Method. Results: According to the provisions of Article 6 of Law Number 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism, every person who deliberately uses violence or threats of violence creates a widespread atmosphere of terror or fear of people or causes mass victims, by depriving them of their freedom or destroying the lives and property of other people or causing damage or destruction to vital strategic objects or the environment or public facilities or international facilities shall be punished by the death penalty or life imprisonment or imprisonment for a minimum of 4 (four) years and a maximum of 20 (twenty years. Therefore, apart from overseeing the law enforcement process, the government needs to revitalize the linear connection between the three important pillars in eradicating terrorism, namely the police, religious leaders and the community
BADAN PERADILAN KHUSUS PENYELESAIAN PERSELISIHAN HASIL PILKADA PERSPEKTIF NEGARA DEMOKRASI KONSTITUSIONAL Fazlar Rusyda Kamila
JOURNAL IURIS SCIENTIA Vol. 2 No. 2 (2024): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

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

Abstract

This study explores the urgency of establishing a special judicial body for resolving disputes over the results of regional head elections (pilkada) in the context of a constitutional democratic country. The Constitutional Court (MK) Decision Number 85/PUU-XX/2022 establishes the permanent authority of the Constitutional Court in handling disputes over election results, ending the discourse on the establishment of a special judicial body mandated by law but has not yet been realized. This decision raises concerns about the potential for case overload that could interfere with the effectiveness and efficiency of the Constitutional Court as the guardian of the constitution. This study aims to analyze the impact of the ruling on the principles of constitutional democracy and examine the extent to which the establishment of a special judicial body can strengthen or weaken the legal system in Indonesia. Through a normative juridical approach and descriptive analysis of the Constitutional Court's decisions and existing legal frameworks, this study examines the dynamics of legal power and function in its adaptation to actual needs and conditions, as well as the importance of maintaining the integrity of the constitution and democratic principles. The results of the study show that, although the Constitutional Court can guarantee constitutional harmony in the settlement of election disputes, there is an urgent need to evaluate the implications of the absence of a special judicial body to ensure a more focused and efficient legal system in handling certain types of cases.
PERANAN HUKUM DALAM PEMBANGUNAN EKONOMI KERAKYATAN BERDASARKAN PANCASILA Auliaurrahman Auliaurrahman; Nur Anshari; Maulina Ulfanur
JOURNAL IURIS SCIENTIA Vol. 2 No. 2 (2024): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

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

Abstract

This paper highlights the function of law as an instrument that regulates, protects and encourages the achievement of populist economic development goals. However, in reality, the implementation of law in populist economic development in Indonesia still has various obstacles. This research is a study of legal science based on a juridical-normative approach. The results of the study explain that by making Pancasila a reference, the law can play a more optimal role in realizing equitable and sustainable economic development. Pancasila, as the foundation of the state, emphasizes the importance of social justice for all Indonesian people. Therefore, economic regulations that favor small people such as MSMEs and cooperatives are one way to realize these ideals.
POLITIK HUKUM PELAKSANAAN KEBIJAKAN VAKSINASI DALAM RANGKA PENANGGULANGAN PANDEMI CORONA VIRUS DISEASE 2019 (COVID-19) Tri Hastuti
JOURNAL IURIS SCIENTIA Vol. 2 No. 2 (2024): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

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

Abstract

The spread of the Covid-19 virus is taking place all over the world, including in Indonesia Indonesia reported its first case on March 2, 2020 where Presi- dent Jokowi Dodo announced the existence of two cases of Covid-19 positive patients, namely a 31-year-old woman and a 64-year-old mother. 1. How is Indonesia's positive legal arrangement regarding vaccination policies in the era of the Covid-19 pandemic?, 2. How is the implementation of the vaccina- tion policy issued by the government in tackling the covid-19 pandemic? The research approach method used is a doctrinal approach to law. This method emphasizes more on the conception that law can be seen as a set of laws and regulations that are systematically arranged based on a certain order. Indo- nesia as a country affected by the Covid-19 Pandemic responded to the dy- namics of the global pandemic by issuing a citizen vaccination policy that aims to break the chain of spread of Covid-19 in the Indonesia Indonesia, reduce the number of illnesses and deaths due to Covid-19, achieve herd im- munity in the community (herd immunity) and restore economic conditions that had been stalled due to the pandemic. In addition, the implementation of vaccination has also targeted the community, so it is expected to form herd immunity.
ANALISIS IMPLEMENTASI KEBIJAKAN HUKUM TERHADAP PENANGANAN KEJAHATAN SIBER DI ERA DIGITAL Afifah Rizqy Widianingrum
JOURNAL IURIS SCIENTIA Vol. 2 No. 2 (2024): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

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

Abstract

Cybercrime encompasses a wide range of criminal activities committed through computer networks and the internet, including online fraud, identity theft, malware attacks, hacking, and exploitation of personal data. With the rapid development of information and communication technology, cybercrime has become increasingly complex and widespread, causing adverse impacts on the economy, security, and privacy of individuals. The biggest challenge in handling cybercrime is adapting existing regulations to the evolving dynamics of crime. This paper aims to analyze the implementation of cybercrime handling policies in Indonesia through a sociology of law approach. The implementation of cybercrime policy in Indonesia, especially through the Electronic Information and Transaction Law (UU ITE), involves coordination between various law enforcement agencies and collaboration with the private sector. The case study of personal data theft by a hacker gang in 2022 shows a complex law enforcement process, ranging from case reporting, digital forensic investigation, arrest of perpetrators, to court proceedings. Social, economic, and technological factors, including low digital literacy, rapid technological development, and the technical capacity of law enforcement officers, affect the effectiveness of these policies. This study concludes that improving digital education and literacy, increasing technical capacity and cross-agency cooperation, as well as revising regulations that are responsive to the dynamics of cybercrime, are important steps to improve the effectiveness of cybercrime handling policies in Indonesia.
PERLINDUNGAN HUKUM TERHADAP PERKAWINAN BELUM DICATATKAN BERBASIS MAQASHIDU AL-SYARIAH Iskak Sulistiya; Absori Absori; Syaifuddin Zuhdi
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

Unregistered marriage remains a family law problem in Indonesia because it creates a gap between religious validity and formal state recognition. This condition has a direct impact on the weak legal protection for women and children, particularly in fulfilling the rights to maintenance, joint property, inheritance, lineage, legal identity, and access to population documents. This study aims to analyze the forms of legal protection for women and children in unregistered marriages and to formulate a construction of legal protection based on Maqashidu al-Syariah. This study employs a normative legal research method with a statutory approach, a conceptual approach, and a maqashidi approach. Legal materials are analyzed qualitatively through descriptive-analytical and prescriptive techniques. The results show that the state has provided several forms of legal protection, namely preventive protection through the obligation of marriage registration, administrative protection through the inclusion of the status "married unregistered" in the Family Card and the use of the Absolute Responsibility Statement, and judicial protection through the marriage ratification (isbat nikah) mechanism. However, this protection is not yet fully effective due to its partial nature. While administrative protection helps fulfill population documents, it does not automatically guarantee the substantive rights of women and children. Therefore, Maqashidu al-Syariah is essential to be used as a basis for the construction of legal protection because it places marriage registration as a means of safeguarding religion, life, lineage, wealth, and family dignity. This study concludes that ideal legal protection must integrate marriage registration, population administration, integrated marriage ratification services, and public legal education to achieve legal certainty, justice, and family welfare.
EKSISTENSI BADAN GIZI NASIONAL DALAM SISTEM PEMERINTAHAN PRESIDENSIIL: ANALISIS FUNGSI REGULASI, EKSEKUSI, DAN PENGAWASAN Fatkhul Muin
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

he establishment of the National Nutrition Agency (BGN) as a new non-ministerial government institution has triggered a significant constitutional polemic, especially after the systemic corruption scandal in the Free Nutritious Meal (MBG) program came to light between late 2024 and mid-2025. This study aims to analyze the institutional existence of BGN within the Indonesian presidential system of government and to evaluate the overlapping functions of regulation, execution, and supervision that have led to weak internal controls. This study employs a normative legal research method with a statutory approach and a conceptual approach. Legal materials are analyzed qualitatively using descriptive-analytical techniques. The results indicate that the institutional design of BGN violates the principle of checks and balances in Constitutional Law because it concentrates functions as a policy regulator as well as a field executor (procurement of vendors/SPPG) without proportionally involving local government supervision. This centralistic character has created loopholes for abuse of power and monopolies. This study concludes that to maintain accountability in the presidential system, an institutional repositioning of BGN is required by separating regulatory functions at the central level and decentralizing execution and supervision functions to the regional level to realize clean and responsible governance
REKONSTRUKSI KEBIJAKAN PENCEGAHAN KEKERASAN SEKSUAL DI PESANTREN: PENDEKATAN MAQĀṢID AL-SYARĪ'AH SEBAGAI BASIS INTEGRASI DENGAN HUKUM PIDANA NASIONAL Muhammad Hafiduddin; Afif Hasbullah; Ahmad Munir; Ahmad Zeeya Ulya Eldavi; Desi Lusiawati
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

Sexual violence in Islamic boarding school (pesantren) environments constitutes a serious issue demanding a comprehensive and equitable legal policy response. This article examines the reconstruction of sexual violence prevention policies in pesantren through the integration of the Maqāṣid al-Syarī'ah framework with the national criminal law system, specifically Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) and Ministerial Regulation of Religious Affairs No. 73 of 2022 on Prevention and Handling of Sexual Violence in Educational Units under the Ministry of Religious Affairs. This study employs a normative juridical research method with conceptual and comparative approaches. Legal materials were gathered through library research and analyzed using qualitative descriptive analysis. The findings reveal that the concept of Maqāṣid al-Syarī'ah particularly the dimensions of ḥifẓ al-nafs (protection of life), ḥifẓ al-'aql (protection of intellect), ḥifẓ al-nasl (protection of lineage and honor), and ḥifẓ al-māl (protection of property)  possesses substantial convergence with the victim protection values embedded in national criminal law. The proposed policy reconstruction encompasses: (1) internalization of Maqāṣid al-Syarī'ah principles within pesantren regulations; (2) strengthening community-based reporting mechanisms; (3) establishment of integrated service units within pesantren; and (4) reform of Islamic legal education curricula with a gender-sensitive perspective. This research affirms that the integration of Islamic legal epistemology with national criminal law is not merely a normative imperative, but a pragmatic necessity in realizing a holistic protection system for santri

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