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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
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Articles 729 Documents
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Isomorfisme dan Peran Kepolisian Masyarakat di Indonesia dan Selandia Baru Syah Alam, Seala; Hardjosoekarto, Sudarsono; Arthur Josias Simon Runturambi; Chairul Muriman Setyabudi
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.v14i1.1862

Abstract

Community policing has become a strategic approach adopted in many countries to enhance public trust in the police and to create safer and orderly neighborhoods. It emphasizes active partnership between the police and the public in detecting, preventing, and tackling crime collaboratively. Indonesia and New Zealand have both implemented community policing systems with characteristics that reflect institutional isomorphism. This study examines isomorphism in community policing in the two countries and explore the development of community policing practices through a literature case study. Data were obtained through digital research, interviews, observations, and documentation, which were analyzed using textual and social network analysis methods. The findings reveal significant similarities between policing systems of the two countries’, including the existence of a single national police force that respects the principle of independence and the adoption of community policing models. Nevertheless, differences remain, mainly due to each country’s distinct social, cultural, and historical contexts. These variations influence the implementation patterns of community policing, although both countries share similar core objectives, namely, improving security and building public trust. Thus, the findings suggest that isomorphism in policing provides opportunities for sharing best practices across countries, enabling international collaboration and mutual learning to improve the effectiveness of community policing strategies.
Legal Uncertainty and Structural Injustice of Platform Workers: Reasserting the State’s Responsibility in Legal Protection Sofiani, Trianah; Suci Flambonita; Yunas Derta Luluardi; Ridoan Karim
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.v14i1.1872

Abstract

The development of the platform economy in Indonesia has significantly transformed employment patterns, yet this transformation has not been companied by an adequate legal framework, resulting in legal uncertainty and structural injustice. This study aims to examine the structural roots of such uncertainty, analyse the problems in the relationship between platform companies and workers, and reaffirm the state’s responsibility to ensure legal certainty. Adopting an empirical juridical method with doctrinal and non-doctrinal approaches, the study finds that legal uncertainty is driven by multidimensional factors. These include the failure to internalise justice principles in the protection of platform workers, regulatory framework that remain ad hoc, sectoral, and frequently changing, a political configuration influenced by market logic and capitalism, and a gap between the evolving practices of platform work and the existing legal framework. These conditions create ambiguity in worker status and reinforce structural injustice in employment relations. In this context, the state is required to perform a corrective function to address structural inequality by recognising worker status, providing protection that ensures legal certainty and effectiveness, and regulating the distribution of economic risks and benefits in a fair and proportional manner. This study proposes a conceptual framework based on three pillars—recognition, protection, and redistribution—as a foundation for adaptive and progressive legal reform, while also contributing theoretically and practically to the development of labour law in the digital era.
Admissibility of Artificial Intelligence as Electronic Evidence: Comparative Perspectives from Indonesia, the United States, and Japan Hendri Antoro; Danrivanto Budhijanto; Somawijaya
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.v14i1.1880

Abstract

Artificial Intelligence (AI) is increasingly integrated into digital forensic and evidentiary processes, raising unresolved doctrinal questions in criminal procedure law. In Indonesia, although electronic evidence is formally recognized, the law does not yet provide specific admissibility standards for AI-based materials, particularly regarding authenticity, methodological reliability, process traceability, explainability, and accountability. This study examines the admissibility of AI as electronic evidence in Indonesia and compares it with legal approaches in the United States and Japan. This study employs a normative juridical method using statutory, conceptual, and comparative approaches to analyze the evidentiary frameworks of the three jurisdictions. The findings show that the United States emphasizes expert gatekeeping and digital authentication, while Japan adopts a softer regulatory model centered on traceability, documentation, and actor accountability. By contrast, Indonesia, still lacks specific procedural standards for assessing AI-generated outputs beyond the general recognition of electronic evidence. This article argues that the key legal issue is no longer whether electronic evidence is admissible in general, but how AI-based evidence should be evaluated in a legally reliable and accountable manner. The scientific contribution of this study lies in proposing a five-parameter evaluative model for AI admissibility—covering authenticity and integrity, process traceability, model performance, identity verification, and accountability. This model is offered as a normative reference for future reform of the Criminal Procedure Code and the Electronic Information and Transactions Law, while safeguarding legal certainty and justice.
Legal Justice in Aceh’s Gala Agreement for Local Economic Empowerment Sulaiman, Sulaiman; Nasir, Muhammad; Hasbi, Yusrizal; Jumadiah, Jumadiah
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.v14i1.1931

Abstract

The gala concept is a traditional agreement practiced by the Acehnese community to support economic empowerment based on local wisdom. Despite its continued use, limited research has examined the gala agreement in relation to Aceh’s special autonomy under Act No. 11 of 2006 concerning the Government of Aceh and its compatibility with Islamic economic principles. This study aims to analyze the form and implementation of the gala agreement within the framework of Islamic economics as a socio-economic practice that continues to operate in Acehnese society. This research adopts a socio-legal approach by drawing on both primary and secondary data. The analysis is carried out normatively to evaluate the consistency of gala practices with the principles of contract law, and sociologically to examine the evolving notions of justice within society. The results indicate that the implementation of economic empowerment through the gala model reflects the philosophical principles of Islamic economics, particularly mutual assistance (ta‘āwun) and social solidarity. However, in practice, the gala system still contains elements resembling interest due to the use of collateral and certain benefit arrangements by the gala provider, which creates inconsistencies with Shariah economic principles. Nevertheless, gala practices embody important social values such as justice, welfare, equality, trust, and religiosity within Acehnese society, while community leaders play a crucial role in maintaining their legitimacy. The novelty of this study lies in its reinterpretation of the gala agreement as a community-based financial model that integrates local wisdom, Islamic economic values, and Aceh’s special autonomy framework, while proposing its conceptual development toward a more structured and Shariah-compliant contract system.
The Strengthening the Institutionalization of Customary Law in Indonesia’s Judicial System: An Integrative Legal Framework Approach Deasy Mariana Ma’ruf, Deasy Mariana Ma’ruf; Hibnu Nugroho, Hibnu Nugroho; Kuat Puji Prayitno, Kuat Puji Prayitno; Setya Wahyudi, Setya Wahyudi
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.v14i1.1936

Abstract

This study explores the institutional strengthening of customary law within Indonesia’s pluralistic judicial system, focusing its integration across key legal areas, including criminal law, civil law, and agrarian regulations. It clarifies the legal foundations supporting the recognition of customary law, from constitutional mandates to the concept of living law in the new Criminal Code, while analyzing the strategic roles of customary institutions in community-level dispute resolution. The research identifies structural and regulatory obstacles to their integration into the state justice system, such as jurisdictional conflicts, modernization pressures, and the lack of formal enforceability for customary decisions. Using a normative juridical method with statute, conceptual, and comparative approaches, and the study demonstrates that customary institutions provide restorative, culturally grounded mechanisms that complement formal adjudication in both civil disputes and criminal matters. The novelty of this research lies in its proposed operational model for integrating customary law into the formal judicial system. The findings reveal a systemic gap where constitutional recognition fails to translate into procedural enforceability, triggering a legitimacy crisis in local dispute resolution. Moreover, the study reveals that the fragmented nature of customary mechanisms, lacking a standardized integration pattern, limits the potential for restorative justice of customary law to reduce the burden on formal courts. This article argues that reinforcing customary law across the spectrum to contribute to a more contextually responsive and socially legitimate judicial system.
Diversion Process as a Transformative Reform of the Criminal Justice System for Children in Conflict with the Law Ristama, Yoga; Nugroho, Hibnu
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.v14i1.1941

Abstract

This article examines the important of applying restorative justice principles in Indonesia’s juvenile justice system. The principle of child protection emphasises processes that are free from violence on safeguarding children’s rights, welfare, development, and overall well-being, including cases involving children in criminal acts. However, the current implementations of diversion and restorative justice often remains limited in its ability to address the underlying systemic and structural issues that lead to juvenile delinquency. These limitations underscore the need for a shift toward transformative justice, which seeks not merely to resolve individual conflicts, but also to confront and remedy their underlying causes. In this context, this article adopts a conceptual approach grounded in doctrinal legal research. The analysis employs systematic and teleological of interpretation to examine the legal norms within the juvenile justice framework. This research uses a normative juridical research design, with data collected through a literature review and analysed qualitatively. The findings of the study show that transformative justice in handling children’s cases in Indonesia calls for legal reform through the expansion of the restorative justice approach under the SPPA Law. Transformative justice offers an alternative framework that move beyond a narrow focus on legal sanctions by also considering the child’s personal circumstances, including social background and family conditions. As such, this concept supports a more holistic approach to child development and provides a more comprehensive framework for handling cases involving children.
Indonesia’s Agrarian Governance Through IUS Integrum Nusantara 2045 Paradigm Based on The Quadruple Helix Model Medaline, Onny; Lubis, Ikhsan; M Suaree, Atheefa Sufeena
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.v14i1.1956

Abstract

Agrarian governance reform in Indonesia continues to confront persistent structural conflicts stemming from unequal land ownership, regulatory fragmentation, weak legal certainty, and the marginalization of indigenous peoples’ rights. In practice, the implementation of the Basic Agrarian Law (UUPA) and its derivative regulations remains fraught with significant challenges. Among these, overlapping land claims constitute one of the most prominent and recurring sources of dispute in the land sector, hampering infrastructure development and undermining efforts to achieve equitable economic distribution across Indonesia. In addition, the shift in social orientation from communal value toward more individualistic land relations, the persistence of unclear land ownership status, and unequal distribution of land continue to exacerbate agrarian problems. Against this backdrop, this article analyses the concept of digital transformation in land administration through the Quadruple Helix model as a framework for fostering more inclusive national agrarian governance, particularly to address existing land conflicts. This research employs a juridical-normative method, integrating legal and conceptual approaches to examine agrarian governance reform in Indonesia. The analysis draws on primary legal materials, including laws and court decisions, as well as secondary sources such as academic articles and institutional reports, all of which were collected through desk-based research and systematic document analysis. This study applies qualitative analysis and normative legal reasoning to interpret legal norms and policy developments. Its analytical framework consists of three interrelated stages: problem mapping, diagnostic evaluation, and normative reconstruction. To ensure validity and rigor, triangulation of sources and methodologies is employed, aiming to formulate an integrative and adaptive agrarian governance model. The findings demonstrate that digital transformation in land administration hold strategic potential to reduce structural agrarian conflict through land data integration and increased transparency, accountability, and public engagement. However, the success of digitalization in minimizing agrarian conflict requires the integration of technological innovation, institutional reform, and inclusive community engagement. In this context, the Quadruple Helix model, encompassing government, academia, industry, and the community, proves to be a useful framework for aligning the interests of various actors and combining formal and local knowledge in agrarian governance. The Ius Integrum Nusantara 2045 paradigm offers a futuristic normative framework that positions agrarian law not merely as a regulatory instrument but as a means of justice, public morality, and the protection of socio-ecological values. The integration of this paradigm with the Quadruple Helix Model thus enables a form of agrarian law reform that is both adaptive to digital technology and responsive to legal pluralism and local wisdom.
Legal Protection of Indonesia’s Fisheries from Foreign Investment: A Social-State Approach Hanifah, Ida; Hariyanto, Hariyanto; Ginting, Lilawati; Koto, Ismail; Syafriana, Rizka
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.v14i1.1964

Abstract

The fisheries sector is at the criticality of Indonesia’s maritime sovereignty, economic resilience and coastal communities’ livelihood security. Simultaneously, the increase in foreign investments on marine and fisheries activities has aroused big apprehensions over resource depletion, inequality in profit sharing as well as diminishing power of small-scale fishers. This is further complicated by Indonesia’s overlapping legal regimes, particularly the Fisheries Law and the Investment Law, as well as international ones such as UNCLOS. This study focuses on the legal protection in Indonesia regarding the fisheries sector affected by foreign investment, to see from normative and scientific perspectives. It also aims to offer directions for how regulatory reform can be shaped through a social-state perspective. The study with semi-structure qualitative descriptive method use Systematic Literature Review (SLR) followed by bibliometric analysis using VOSviewer and PRISMA mapping. Initially, 128 articles published from 2021 to 2025 underwent a screening process by following the Global PRISMA model as per meta-analysis standards; finally, 20 articles met the final inclusion criteria. Results indicate that ongoing discourses are still mostly governed by technocratic and punitive law-making processes. Thus, little attention is paid to the legal re-establishment in accordance with principles of distributive justice, ecological sustainability and effective involvement of the community. Regulatory gaps arise from unclear legal protection for small-scale fishers, and poor integration of the fisheries policy within the broader across marine governance framework. These gaps have resulted in fragmented protection and unequal benefit sharing from fish resources of Indonesia. This research advocates for a state–based regulatory model which empowers the state to act more strongly as both protector and distributor of maritime goods. This framework should be centered on issues of ecological justice, rigorous control over foreign investment, and an increased role for coastal communities in governance of fisheries. The research effort aids the creation of equitable, participatory, and sustainable legal policies for marine and fisheries in Indonesia.
Adakah Pembaharuan Kewajiban Hak Asasi Manusia pada Badan Usaha Milik Negara? pada sudut pandang Indonesia Rehulina, Rehulina; Siska, Katalin Siska; Becánics, Adrienn
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.v14i1.1972

Abstract

State-owned enterprises (SOEs) in Indonesia are at a pivotal intersection of public duty and commercial activity, challenging traditional notions of legal subjectivity under international human rights law. The paper introduces the Indonesian perspective by examining how national business and human rights frameworks apply to SOEs such as PT PLN and PT PERTAMINA, as corporations are required to comply with human rights obligations as part of their international responsibilities. It explores critical research problems, including whether SOEs should bear the same human rights obligations as the state, since it can be argued that SOE constitutes a state itself and how effectively Indonesia's legal instruments address the dual roles of these entities and the challenges posed by multinational corporations with fluid legal identities. The research methodology employs doctrinal legal research utilizing secondary legal data. Preliminary findings indicate that SOEs are state entities with human rights obligations; however, their responsibility is defined as corporate under Pillar Two of the United Nation Guiding Principles on Business and Human Rights (UNGP). Indonesia has effectively integrated the UNGP into its national policies and practices concerning SOEs. The country has updated its National Action Plans on Business and Human Rights and implemented Good Corporate Governance principles to regulate SOE conduct. Prominent companies such as PT PLN and PT Pertamina have adopted measures, including anti-discrimination policies, whistleblowing systems, sustainability reports, and ethical codes of conduct

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