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Indah Kusuma Wardhani
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INDONESIA
Constitutum: Jurnal Ilmiah Hukum
Published by Universitas Borobudur
ISSN : 29858232     EISSN : 29858232     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Constitutum: Jurnal Ilmiah Hukum is a scientific journal published for the publication of legal disciplines, which include civil law, criminal law, business law, constitutional and administrative law, international law, Islamic law and other fields of law. Constitutum: Jurnal Ilmiah Hukum published twice a year in April and October. Every submitted paper will be reviewed by a reviewer. The review process uses double-blind review that is, the reviewer does not know the identity of the writer, and the writer does not know the identity of the reviewer. Topics of interest in the Constitutum: Jurnal Ilmiah Hukum in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 49 Documents
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PERLINDUNGAN HUKUM TERHADAP ISTRI SEBAGAI KORBAN KEKERASAN DALAM RUMAH TANGGA SECARA FISIK YANG DILAKUKAN OLEH SUAMI Titik Sugianti
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1611

Abstract

Domestic violence is a crime against human dignity and is a form of discrimination that must be eliminated. Domestic violence is not a domestic (private) problem that should not be known by anyone because women have the same rights to be free and determine their desires in life according to norms. One of the causes of domestic violence is economic problems. This study aims to determine the implementation of protection for wives as victims of domestic violence. This study is a normative legal study that uses secondary data. The results of this study indicate that protection for wives as victims of domestic violence refers to Law Number 23 of 2004 concerning the Elimination of Domestic Violence, namely through temporary security from the police and/or personal protection, placement of victims in "safe houses" and recovery periods, physical and mental care, and efforts to suppress perpetrators of domestic violence. However, regulations aimed at protecting victims of domestic violence have not been fully implemented by law enforcement officers.
PERLINDUNGAN HUKUM TERHADAP PEMBELI RUMAH AKIBAT WANPRESTASI YANG DILAKUKAN OLEH DEVELOPER DALAM PERJANJIAN PENGIKATAN JUAL BELI (STUDI KASUS PUTUSAN NOMOR 117/PDT.G/2020/PN.CBI) Nadiyatu Ruaya Safirly; Mugiati
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1702

Abstract

A Sales and Purchase Agreement (PPJB) is free to contain promises from the parties. The PPJB serves as a legal basis for the parties who make it. However, in reality, not all developers carry out construction as agreed in the PPJB, so that home buyers do not receive legal protection. This study discusses the legal consequences of the PPJB for the developer's default and legal protection for home buyers due to default committed by the developer in the PPJB with a case study of Decision Number 117/Pdt.G/2020/PN.Cbi. This study uses a normative juridical research method. The results explain that the legal consequences of the PPJB due to the developer's default are null and void and the agreement is no longer valid. This is because the default committed by the developer has violated Article 1320 of the Civil Code. The agreement is considered null and void and each party is returned to its original state as before the agreement. Legal protection for buyers in PPJB due to developer default is that the buyer has the right to get back the money that has been paid to the developer and receive compensation and/or replacement with interest of 6% as regulated in Article 1250 of the Civil Code in connection with Staatsblad 1848 Number 22 of all claims for buyer losses.
PELANGGARAN KODE ETIK DAN PERILAKU HAKIM MAHKAMAH KONSTITUSI (STUDI KASUS PUTUSAN NOMOR 2/MKMK/L/11/2023) Bim Ardono; Dilla Hariyanti
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1703

Abstract

Violations of the code of ethics of judges that are rampant at the Constitutional Court level in Decision Number 90/PUU-XXI/2023 are violations of the code of ethics committed in the decision-making process. This study discusses violations of the code of ethics and behavior of Constitutional Court judges in Decision Number 2/MKMK/L/11/2023 and the imposition of sanctions by the Constitutional Court Honorary Council for violations of the code of ethics and behavior of constitutional judges in Decision Number 2/MKMK/L/11/2023 in accordance with applicable laws and regulations. The research method used is normative juridical. The results of the study explain that the Reported Party Anwar Usman has violated the code of ethics and behavior of Constitutional Court judges when examining and deciding case Number 90/PUU-XXI/2023 by referring to Constitutional Court Regulation Number 09/PMK/2006 concerning the Enforcement of the Declaration on the Code of Ethics and Behavior of Constitutional Judges. The Constitutional Court's Honorary Council issued a decision in accordance with applicable law with reference to Article 23 paragraph (2) letter h of Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court in connection with Article 41 letter c of Constitutional Court Regulation Number 1 of 2023 concerning the Constitutional Court's Honorary Council which imposed sanctions on the Reported Party Anwar Usman in the form of dishonorable dismissal.
PELAKSANAAN PEMBERIAN BANTUAN HUKUM KEPADA MASYARAKAT MISKIN DI YAYASAN LEMBAGA BANTUAN HUKUM LEMBAGA PENGAWASAN KEBIJAKAN PEMERINTAH DAN KEADILAN (YLBH LP-KPK) Andi Nurhidayah; Amirul Suriatno Piola
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1707

Abstract

The government has issued Law Number 11 of 2016 concerning Legal Aid, but to date, many poor people have not been reached and have not received maximum benefits from legal aid provided by legal aid institutions. This study discusses the implementation of legal aid provision to the poor at the YLBH LP-KPK and the obstacles faced in providing such legal aid. This study uses an empirical normative juridical research method. The results show that the implementation of legal aid provision to the poor at YLBH LP-KPK begins with the application and examination stage of the legal aid application, acceptance or rejection of the legal aid application, and the provision of legal aid through litigation and non-litigation. The implementation of the legal aid provision is in accordance with the provisions of Articles 2 to 17 of Law Number 16 of 2011 concerning Legal Aid. Obstacles faced in providing legal aid to the poor include not having an identity card, not understanding the law, not being able to read and write, and when submitting a legal aid application, it turns out that they have given power of attorney to another legal aid institution or advocate.
TRANSAKSI DIGITAL BANKING DALAM PERSPEKTIF HUKUM ISLAM Abu Alim
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1710

Abstract

In today's technological era, digital banking transactions have become closely linked to human life, particularly in buying and selling and making payments. Almost everyone has embraced digitalization. This has become a necessity for living in the digital age. Digital banking transactions have become an effective alternative for individuals, groups, institutions, companies, and others due to their cost-effectiveness, convenience, and speed. Digital banking transactions refer to the medium for transactions being a bank. Almost everyone has a bank account, as employees in companies, institutions, and other institutions generally receive benefits, salaries, and other benefits through bank transfers. Consequently, digital banking transactions have become a common practice. So, how does this relate to Islamic law? Is it prohibited? Therefore, this study examines the legal implications of digital banking transactions from an Islamic legal perspective. This study uses a normative juridical research method. The results of the study are that digital banking transactions which have now become a community commodity as a payment medium in buying and selling are a form of permissible activity that does not violate or is subject to haram law as a form of prohibited activity, but this activity is a process of things that include Al-Muamalah al-Adabiyah which means ijab kabul, mutual consent, no coercion from either party, rights and obligations, honesty of traders, no fraud, no forgery, and everything that comes from human senses that is related to the circulation of assets/money.
LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN SEBAGAI GARDA TERDEPAN MELINDUNGI SAKSI DAN KORBAN DALAM MENJAMIN KEAMANAN DAN KEADILAN Andi Muhammad Rusdi
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1711

Abstract

Indonesia, as a nation governed by law, has a constitutional obligation to guarantee protection and justice for all its citizens, including witnesses and victims of crime. In practice, these individuals often face threats, intimidation, and even violence, which hinders the upholding of justice. The existence of the LPSK (Lembaga Penita Masyarakat Indonesia/LPSK) is a crucial pillar for the continuity of a fair legal process and supports victims and witnesses who are vulnerable to threats, intimidation, or violence during the law enforcement process. This study discusses three issues: the LPSK's strategic role as a protector of witnesses and victims, the forms of protection provided by the LPSK, and challenges and solutions that can improve the LPSK's effectiveness. The research method used is normative juridical, based on secondary data derived from legislation, legal literature, and previous research. The research findings reveal that the LPSK plays a crucial role in supporting restorative justice and human rights protection. However, the LPSK still faces significant structural and operational challenges, including budget and human resource limitations, low public awareness, weak inter-agency coordination, and threats to protected individuals and LPSK personnel. Proposed solutions include strengthening regulations, increasing budgets and staffing, institutional synergy, and digitizing services to reach remote areas. With structural and cultural strengthening, the LPSK can function more optimally as a guardian of the rights of witnesses and victims and strengthen public trust in the Indonesian criminal justice system.
PELAKSANAAN FUNGSI PENGAWAS KETENAGAKERJAAN DALAM MENGAWASI PENERAPAN UPAH MINIMUM PROVINSI DI DAERAH KHUSUS IBUKOTA JAKARTA Darwati; Lucky Ferdiles
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1712

Abstract

The relationship between workers and employers is regulated in an agreement, either in written or oral form. Law Number 13 of 2003 concerning Manpower regulates the rights and obligations of employers and workers. Article 90 states that employers are prohibited from paying workers wages below the minimum wage. However, PT. Guna Bangun Jaya paid workers wages below the minimum wage, and the Labor Inspector determined that the employer is obliged to pay the workers' wage shortfall. Against this determination, the employer filed a lawsuit with the State Administrative Court and the lawsuit was rejected. Regarding the employment relationship, the Industrial Relations Court stated that there was no employment relationship. Subsequently, the Head of the Manpower Sub-Department revoked the Manpower Inspector's determination. This study discusses the implementation of the Manpower Inspector's function in supervising the implementation of applicable regulations and the cancellation of the determination made by the Head of the Manpower Sub-Department. This study uses normative and empirical juridical research methods. The results of the study explain that the implementation of the Manpower Inspector's function is to provide guidance to companies that commit violations, including violations of the minimum wage. However, if the company ignores the guidance provided by the Labor Inspectorate and continues to commit violations, legal proceedings will be initiated and the case will be taken to court. The Head of the Manpower Sub-Department's revocation of the determination is inconsistent with applicable laws, namely Law Number 13 of 2003, Law Number 3 of 1951, and the Constitution of the Republic of Indonesia.
PENYALAHGUNAAN QRIS DALAM TRANSAKSI ELEKTRONIK DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 2024 TENTANG PERUBAHAN KEDUA ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Stefanus Pattipeilohy; Indah Kusuma Wardhani
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1714

Abstract

QRIS is a national QR Code standard developed by Bank Indonesia and the Indonesian Payment System Association to facilitate easier, faster, and safer digital payment transactions. QRIS, as a form of electronic transaction, allows people to make payments using all QR Code-based payment applications, such as OVO, GoPay, LinkAja, and Dana. In practice, QRIS has a risk of misuse that will result in losses for its users. This study discusses the forms of QRIS misuse, the regulation of QRIS misuse based on Law Number 1 of 2024 concerning Electronic Information and Transactions, and efforts to overcome QRIS misuse. This study uses a normative juridical research method by examining secondary data. The results explain that the forms of QRIS misuse that often occur in society include QR Code forgery, falsification of transfer receipts, scamming, and phishing. Misuse of QRIS carried out by means of QR Code forgery and falsification of proof of transfer is a cyber crime regulated in Article 35 in connection with Article 51 paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions and misuse of QRIS carried out by means of scamming and phishing is a cyber crime regulated in Article 28 paragraph (1) in connection with Article 45A paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. Efforts to overcome misuse of QRIS can be carried out through preventive measures and repressive measures.
ANALISIS HUKUM TERHADAP TINDAK PIDANA PEMBUNUHAN BERDASARKAN PASAL 338 KUHP (STUDI KASUS PUTUSAN NOMOR 9/PID.B/2023/PN.DPK) Johanes; Rineke Sara; Titik Sugianti
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i2.1752

Abstract

The crime of murder is an act committed by a person or group of people who intentionally take or take the life of another person. Murder perpetrators are often found in adolescence. One form of juvenile delinquency is brawls, the impact of which can cause serious injuries to the point of taking the life of another person. The perpetrators of brawls that cause the loss of life of another person can be categorized as perpetrators of the crime of murder. This study discusses the application of the elements of the crime of murder based on Article 338 of the Criminal Code in the case of Decision Number 9/Pid.B/2023/PN.Dpk and whether the decision has provided a sense of justice. This study uses a normative juridical research method. The results of the study explain that the application of the elements of the crime of murder based on Article 338 of the Criminal Code in Decision Number 9/Pid.B/2023/PN.Dpk is appropriate because the actions committed by the Defendant Indra Beni Saputra alias Beni Bin Mulyadi contain the elements of whoever and the element of intentionally taking the life of another person. With the fulfillment of these elements, the Panel of Judges sentenced the Defendant to 9 (nine) years in prison. The decision handed down by the Panel of Judges has provided a sense of justice, this can be seen from the Panel of Judges' considerations where the Defendant committed assault using a sharp weapon which caused the victim's death, and is supported by evidence in the form of a sickle and evidence from the results of the Visum Et Repertum made by Citra Medika Depok Hospital which conducted an external examination.

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