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Jurnal IUS (Kajian Hukum dan Keadilan)
Published by Universitas Mataram
ISSN : 23033827     EISSN : 2477815X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded by a group of young lecturers who had a passion to spread their ideas, thoughts and expertise concerning law. Jurnal IUS focuses on publishing research about law reviews from law students, lecturers and other activists on various topics. As an academic centre, we organize regular discussions around various selected topics twice a month. Topics of interest: the battle of legal paradigm legal pluralism law and power
Arjuna Subject : -
Articles 729 Documents
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Non-Formal Legitimacy of Constitutional Change and Public Perception in The Reform of the 1945 Constitution Through Constitutional Court Decisions Hasanah, Siti; Jiwantara, Firzhal Arzhi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1841

Abstract

Problematics of the legitimacy of non-formal constitutional changes through judicial decisions in the context of constitutional reform in Indonesia, with a focus on public perception as the main determinant of acceptance or rejection of these changes. Constitutional changes that do not go through formal procedures, carried out through the interpretation of judicial institutions, raise debates about the limits of institutional authority and the integrity of basic norms in the legal system. The purpose of the study was to evaluate how public perception affects the legitimacy of non-formal constitutional change through constitutional court decisions. This research uses a juridical-normative approach with the support of qualitative data analysed descriptively and evaluatively on several Constitutional Court decisions that are considered to contain elements of changes in constitutional norms. The novelty of this research lies in emphasizing the analysis of the relationship between public perception, trust in judicial institutions, and the direction of constitutional reform. The results show that without public support, constitutional change through non-formal channels risks delegitimization, and has the potential to create a crisis of confidence in constitutional institutions. This research contributes to promoting transparency, participation and accountability in the practice of judicial-based constitutional reform.
Fungsi Pajak Terhadap Lingkungan Hidup Sugiharti, Dewi Kania; Hartanto, Ghani Satria; Indri Yuliafitri; Ismail, Shafinar
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1843

Abstract

The environment is an integral part of human life, as it provides essential resources, including food, water, and other necessities. It is the primary source for meeting our various needs. However, many activities that claim to improve welfare and promote economic development actually cause environmental destruction, such as forest burning, illegal logging, and the exploitation of natural resources with no regard for environmental concerns. Government-led development projects require substantial funding. Funding for such projects comes from government savings, which are taxes. Taxes are a highly reliable source of revenue for the Indonesian government at both the central and local levels. Taxes are closely related to development and the environment, so studying this issue in depth is important because it has theoretical and practical value in developing environmentally sustainable practices for a just and prosperous Indonesia. This research focuses on the gap between Indonesian tax regulations, which have not yet significantly accommodated environmental conservation interests. Tax collection in Indonesia is primarily focused on fulfilling the State Budget (APBN). This research analyses the tax law system to determine how it can accommodate the government’s financial interests while also providing space for environmental protection and not hindering the community’s ability to strive for a decent and prosperous life. This descriptive-analytical research uses a normative legal approach. The research stages include a literature review and fieldwork. Data collection techniques were carried out through document studies. Conclusions and research results were drawn using qualitative normative analysis methods.
Legal Protection System for Children Left Behind by Indonesian Migrant Workers: A Multilevel SCII Strategy Approach Maemunah, Maemunah; Rejeki, Sri; Syahrial Haq, Hilman; Sakban, Abdul
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1845

Abstract

This study investigates the systemic neglect experienced by children of Indonesian migrant workers through the lens of the SCII (Societal, Community, Institutional, Individual) strategy. Despite the economic benefits of labor migration, an estimated 11,732 children in East Lombok remain in vulnerable caregiving arrangements, often overseen by elderly or extended family members. Using an empirical juridical method, data were collected from March to July 2025 through semi-structured interviews, field observations, and document analyses involving seven key informants, including government officials, caregivers, and child protection advocates. The findings reveal a 70% gap between national child protection mandates and local enforcement. For example, only two of ten migrant-sending villages possess local regulations addressing the welfare of left-behind children. Cultural norms such as begawé (communal work) and saling jaga (mutual care) create informal safety nets but also obscure neglect and discourage reporting due to respect for kinship hierarchies. Institutional actors such as schools and health centers remain underutilized; 80% of teachers interviewed lacked standard procedures to identify or report neglect cases. The study highlights SCII’s potential to integrate formal legal mandates with community-based practices and concludes that a pluralistic, multilevel, and context-sensitive protection model is essential to ensure accountability and sustainability in safeguarding migrant workers’ children.
The Challenge of Admitting Electronic Evidence in Civil Procedure Law Adinda, Fadhel Arjuna; Rahmawati, Ema; Suparman, Eman; Arifin, Ridwan; Ezzerouali, Souad
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1873

Abstract

In the digital age, the use of electronic evidence in civil disputes has become increasingly common. However, judges often face significant challenges in accepting and evaluating electronic evidence due to concerns about its authenticity, integrity, and relevance. This paper examines the factors contributing to judicial doubts regarding electronic evidence in Indonesian civil litigation and explores the implications of such doubts on the resolution of legal disputes. Drawing on case law, legal theory, and practical challenges, the paper identifies key issues such as the ease of manipulation, lack of standardized procedures for collecting and preserving digital evidence, and the limited understanding of technology among many judges. These factors create a significant barrier to the effective use of electronic evidence in court, leading to delays, case dismissals, or unjust outcomes. The paper also discusses potential solutions to overcome these challenges, including the need for clearer legal frameworks, the role of forensic digital experts, and judicial education in information technology. By addressing these concerns, this paper aims to highlight the critical importance of building trust in electronic evidence, ensuring its proper use in civil dispute resolution, and promoting a more efficient and fair legal process. Ultimately, the study proposes strategies to strengthen the role of electronic evidence in Indonesian civil law while maintaining judicial integrity and ensuring the protection of all parties involved.
Legal Policy Model of the Red and White Village Cooperative (KDMP): Implementation Factors and Comparative Insights from Brazil, Denmark, and Japan Mauludin, Novie Afif; Wahyudi, Ary; Ulum, Hafizatul
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1894

Abstract

This study examines the legal policy model of the Red and White Village Cooperative (KDMP), the determinants of its implementation, and Indonesia’s comparative position vis-à-vis cooperative systems in Brazil, Denmark, and Japan. The urgency of this research stems from the Indonesian government’s large-scale initiative to establish and revitalize more than 80,000 village cooperatives through a centralized, top-down regulatory framework, implemented amid persistent structural challenges, including regulatory ambiguity, limited managerial and digital capacity, uneven infrastructure, and variations in community participation. Without careful legal policy evaluation, this model risks reproducing structural weaknesses previously observed in Indonesia’s Village Unit Cooperatives (KUD). Employing a normative–empirical legal methodology that integrates statutory analysis, conceptual inquiry, comparative law, and a sociological approach supported by interviews and field-based questionnaires in selected villages in West Nusa Tenggara, the study finds that KDMP’s legal policy is predominantly shaped by Thomas R. Dye’s institutional and process models. This centralized framework enables rapid nationwide implementation but reveals a structural misalignment between legal design and practical readiness at the village level. Implementation outcomes are influenced by both juridical factorsparticularly regulatory clarity and policy coherence and non-juridical factors, including human resources, digital infrastructure, and levels of member participation. A comparative analysis based on Ragone and Smorto’s functional framework demonstrates that, while Indonesia shares normative cooperative objectives with Brazil, Denmark, and Japan, differences in governance structures significantly affect sustainability outcomes. Brazil and Denmark illustrate the advantages of autonomy-based, bottom-up cooperative models operating under flexible legal regimes. At the same time, Japan represents a hybrid trajectory in which early state coordination gradually transitions toward member-centered governance. This study contributes an integrated legal-policy model of KDMP that connects implementation realities with comparative insights. The findings indicate that strengthening member-based governance, simplifying overlapping regulations, and gradually reducing excessive centralization are essential to enhance sustainability, community ownership, and the long-term effectiveness of village-based cooperatives in Indonesia. Journal keywords: Legal Policy Model, Comparative Law, and Merah Putih Village Cooperative
Reconfiguring Indonesia’s Labor Law Framework to Address Protection Gaps in the Gig Economy Era Following the Constitutional Court’s Decision Agusmidah; Shalihah, Fithriatus; Aka, M Virsa
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan (in progress)
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1756

Abstract

The Indonesian labor market is shifting toward greater flexibility, driven by a surge in layoffs in the post-Covid-19 period (2020-2024), limited employment opportunities in the manufacturing sector, the demographic bonus, and the rapid expansion of platform-based industries and digital commerce. This shift has contributed to the rise of the gig economy, which has yet to provide adequate job security and decent working conditions. This paper examines the growing employment uncertainty within the gig economy and discusses how the government can respond through fairer and more responsive regulations to support a decent standard of living and sustainable worker welfare. This study employs a normative legal research method with legislative and conceptual approaches, relying on secondary data in the form of primary materials and scholarly literature from reputable academic sources. The findings indicate the need to revise labor laws, as mandated by Constitutional Court Decision No. 168/PUU-XXI/2023, which calls for the prompt enactment of a new Labor Law capable of providing holistic protection. Lessons from several developed countries highlight the need for regulatory synchronization both vertically, between laws and their implementing regulations, and horizontally, between the Manpower Law and other related policies. Labor regulations should cover both formal and informal workers through a work-life balance approach for all, with the aim of promoting fairness, welfare, and sustainable decent work. Thus, the framework of labour protection needs to be recalibrated to include gig workers.
Ensuring Justice in the Trend of Remote Working: Legal Challenges and Implications for Companies and Workers Weny Almoravid Dungga; Ahmad, Ahmad; Karem Aboelazm, Karem Aboelazm; Dewi Mulyanti, Dewi Mulyanti; Novendri M. Nggilu, Novendri M. Nggilu
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan (in progress)
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1721

Abstract

This study examines the legal challenges of remote working in Indonesia, aiming to inform comprehensive, justice-based employment policies. Employing a normative juridical method with statutory, conceptual, and case-based approaches, including analysis of Indonesian court decisions, the research reveals that remote work faces structural injustice due to regulatory gaps. The Ma power Law (Law No. 13/2003) and Job Creation Law (Law No. 11/2020 jo. Law No. 6/2023) lack specific remote work provisions, while foundational Civil Code (Burgerlijk Wetboek/BW) principles governing employment contracts remain underutilized. This regulatory vacuum generates legal uncertainty that disproportionately affects vulnerable workers. Persistent gaps concern working hours, overtime, occupational health and safety, data protection, monitoring, employment agreements, social security, and cross-border taxation, leaving weak and unilateral corporate policies as the de facto framework. Comparative analysis of Russia, Spain, Turkey, and the Netherlands confirms that comprehensive legislation is both feasible and necessary. Grounded in justice theory, this study argues that regulating of remote work goes beyond administrative technicalities and forms part of the protection of fundamental constitutional rights. Consequently, Indonesia must enact dedicated legislation establishing minimum standards to ensure equitable protection, dignity, equality, and legal certainty for all workers in the digital era..
Criminal Liability and the Non Punishment Principle for Trafficking Victims in Indonesia Natalia; Widagdo, Setyo; Istiqomah, Milda; Puspitawati, Dhiana
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan (in progress)
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1820

Abstract

 The non-punishment principle for trafficking victims is recognized in Article 18 of Law Number 21 of 2007 on the Eradication of the Crime of Trafficking in Persons, which stipulates that victims who commit criminal acts as a result of coercion by traffickers shall not be subject to punishment. However, this provision does not clearly define the doctrinal parameters of coercion, nor does it explain how criminal liability should be assessed when an unlawful act is committed within conditions of exploitation, dependence, intimidation, or constrained autonomy. This article examines the relationship between criminal liability and the non-punishment principle for trafficking victims in Indonesia. It employs normative legal research by analyzing statutory regulations, criminal law doctrine, international instruments, and relevant scholarly literature. The study finds that the non-punishment principle should not be understood merely as a procedural exemption from punishment, but rather as a doctrinal mechanism for excluding culpability where the victim’s conduct is directly connected to trafficking-related coercion. It further argues that Indonesian law requires a more clearly articulated framework for assessing coercion, including the causal relationship between trafficking and the offense, the degree of the victim’s constrained autonomy, and the evidentiary burden borne by victims. The contribution of this article lies in proposing a more precise doctrinal approach to distinguishing punishable conduct from victimization-driven conduct in trafficking cases, thereby ensuring that Article 18 functions as an effective instrument of victim protection rather than a formal guarantee that remains difficult to implement in practice.
The Implementation of Restorative Justice for Juvenile Crimes Oriented Toward the Best Interests of the Child Aji, Wikan Sinatrio; Wahyudi, Setya; Retnaningrum, Dwi Hapsari; Akbar, Muhammad Imam
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan (in progress)
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1830

Abstract

Law enforcement treats children in conflict with the law as “small adults” who commit criminal acts. The handling of children as perpetrators of crimes punishable by imprisonment of 7 years or more frequently neglects the best interests of the child. This study examines whether the concept of Restorative Justice can complement the resolution of cases involving children in conflict with the law, particularly those facing a sentence of 7 years or more. This study uses a normative juridical research method. The research findings suggest that Restorative Justice can complement the resolution of cases involving children in conflict with the law, particularly those facing sentences of 7 years or more, as it fundamentally upholds children’s rights. Moreover, Restorative Justice can be applied to such cases through existing diversion mechanism, which shifts the legal process from criminal proceedings to non-criminal alternatives. This approach involves mediation and negotiation between the perpetrator, the victim, their families, the community, and law enforcement to identify the best solution for addressing the issues faced by children as criminal offenders.
Society, Technology, and Child Protection: Synergy in Monitoring Former Perpetrators of Sexual Offenses Asri Yustia, Rd. Dewi; Faris Fachrizal Jodi; Firdaus Arifin
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan (in progress)
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1854

Abstract

Children are important national asset who require special protection from all forms of violence, including sexual crimes. Although Indonesia has established legal framework at both national and international levels, sexual violence against children remains a persistent problem. The imposition of severe criminal sanctions, including chemical castration, has not sufficiently addressed the problem and produced an optimal deterrent effect. Consequently, child protection continues to face various challenges, particularly in relation to post-sentencing supervision of offenders, low public awareness, and limited access to victim assistance services. The research questions of this study are: how effective is the legal protection for child victims of sexual violence, and what constitutes an effective supervisory model for offenders after serving their sentences in order to prevent recidivism? This study employs legal research with a socio-legal approach, combining normative juridical analysis with perspectives from information technology and social sciences. The findings indicate the need to strengthen post-sentencing supervision through the development of a Three-Pillar Supervision Model that integrates legal, technological, and societal dimensions. This model includes the optimization of technologies such as GPS tracking and public databases, the strengthening of regulatory frameworks, and the societal involvement in early detection mechanisms. The implementation of this model is expected to reduce the risk of recidivism and strengthen sustainable protection for children. Accordingly, reform of the child protection system must be carried out in a collaborative, preventive, and sustainable manner to ensure justice and security for future generations.

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