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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 746 Documents
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Reconstructing Land Acquisition Law for Indonesia’s National Strategic Projects Rosmidah Rosmidah; Supeno Supeno; Sitta Saraya Sitta Saraya; Rian Saputra Rian Saputra; Seguito Monteiro Seguito Monteiro
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): 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.v14i2.1952

Abstract

National Strategic Projects have accelerated infrastructure development but have also exposed a structural tension between development imperatives, state authority, and the constitutional protection of affected communities. Existing land acquisition governance tends to treat project designation and procedural compliance as sufficient grounds for acquisition, while substantive scrutiny of public interest, indigenous rights, participation, compensation, and socio-ecological consequences remains fragmented. This study aims to reconstruct the legal framework of land acquisition for NationalStrategic Projects (PSN) by establishing a constitutionally grounded model that reconciles development with social justice and rights protection. Using normative legal research with statutory, conceptual, and case approaches, the study applies systematic, conceptual, and teleological legal interpretation. The principal novelty of this study is the Constitutional Justice-Based Land Acquisition Model, which seeks to redesign the legitimacy framework of land acquisition rather than merely improve existing procedures. The model introduces a Constitutional Public Interest Test as a substantive threshold; mandatory Indigenous Rights Screening; meaningful participation and Free-Prior-and Informed-Consent (FPIC); replacement-cost compensation and livelihood restoration; integrated social-ecological assessment; effective remedies from the outset; independent review; and post-acquisition restoration monitoring. Critically, PSN status is reconceptualized as creating a rebuttable presumption of public interest rather than serving as conclusive justification for compulsory land acquisition. The model therefore transforms land acquisition from a project-oriented land delivery mechanism into a form of constitutional, rights-based, and sustainable land governance.
Corrective Justice and Consumer Protection: Analyzing Liability for Hazardous Cosmetic Circulation on Digital Platforms Carine Aurellia Carine Aurellia; Velliana Tanaya; Kentarou Kaneda Kentarou Kaneda
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): 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.v14i2.1986

Abstract

The rapid expansion of Indonesia’s cosmetics e-commerce has heightened the circulation of hazardous products, exposing a critical regulatory gray area: digital platforms actively profit from transactions but evade liability through standard exoneration clauses, leaving consumers to bear disproportionate risks in a structurally asymmetric digital ecosystem. This study addresses this legal tension by evaluating the liability chain of online cosmetic distribution through the theoretical lens of corrective justice. Moving beyond conventional contractual frameworks, this research employs a normative legal method with statutory and case-study approaches, specifically analyzing the Madame Gie and Amiraderm incidents. The theoretical novelty lies in conceptualizing corrective justice to establish a shared corrective obligation for platforms, arguing that their failure to exercise timely facilitative oversight, including seller verification and prompt non-compliant listing removal, constitutes actionable negligence. While manufacturers, brand owners, and sellers face strict liability, this paper’s primary scientific contribution is the formulation of an integrated, multi-tier liability model that bridges the gap between administrative compliance and substantive consumer redress. Ultimately, we propose a systemic reform framework, real-time BPOM-platform data integration, to institutionalize corrective justice and restore consumer dignity in the digital marketplace.  
The Constitutional Legitimation of Authoritarianism: Lesson Learned From the Indonesia’s Experience Taufik Basari; Robby Dwiki
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): 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.v14i2.2025

Abstract

Authoritarian regimes require constitutional legitimation to justify their political actions. In Indonesia, even the amendment of the 1945 Constitution in 1999-2002 has resulted in constitutionalism, contains limited power and human right, however there is still a demand from some elite political groups to return to the 1945 “original” Constitution. The original constitution has a potential to legitimate an authoritarianism. That is why this article aim to find out why the Indonesian constitution before the amendment had the potential to become an authoritarian and how the constitution functions in preventing authoritarian government after amendment. The method of this research is normative legal research or doctrinal research with statute, conceptual, and analytical approach. The data analysis technique employed in this research is qualitative, primarily utilizing content analysis and historical text analysis. This involves interpreting the legal and political meanings of the constitutional texts and their historical contexts, aiming to understand how the text of the Constitution has been used, interpreted, and applied over time. The result of this research revealed that not all constitutions have created constitutionalism. The practices of many countries have shown that using the constitution as a tool for authoritarianism to abuse constitutionalism has a pattern. The phenomenon of ‘constitutions without constitutionalism’ and ‘sham constitutionalism’ has a pattern of ‘political paradox’. The paradox pertains to the influence of culture and the constraints imposed by historical context. The experiences In Indonesia, the 1945 original Constitution has been used by the Sukarno and Suharto regimes to consolidate their power, ignoring the principles of democracy and human rights, and creating authoritarianism. After 1998 political reform, the 1999-2002 amendment of Constitution has created the more democratic constitution. Nevertheless, the calls for reinstating the original version of 1945 Constitution could be seen as the threat to democracy.
Pertanggungjawaban Pidana Beneficial Owner dalam Tindak Pidana Korupsi yang Dilakukan oleh Korporasi di Indonesia Mas Putra Zenno Januarsyah; Agustinus Purnomo Hadi; Yogi Muhammad Rahman; Amriyanto; Ahmad Jaeni
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): 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.v14i2.2035

Abstract

Corporate corruption in Indonesia increasingly involves individuals who exercise substantive control over corporations without holding formal positions within their organizational structures. This creates a legal problem because the Criminal Code recognizes beneficial owners as potential subjects of criminal liability but does not provide clear operational parameters for the circumstances under which such liability may be imposed . This study examines the criminal liability of beneficial owners in corporate corruption cases and the legal standards required to attribute individual responsibility. It employs a normative legal research method using statutory, case, and limited comparative approaches. The findings show that beneficial-owner status and the receipt of economic benefits cannot independently establish criminal liability. Liability requires proof of effective control, a clear connection between that control and the corrupt conduct, and individual culpability. The cases of PT Imaji Media, Garuda Indonesia–Rolls Royce, and Pertamina illustrate different forms of control through nominee management, corporate intermediaries, and indirect corporate relationships. Piercing the corporate veil may assist in identifying the individuals behind corporate structures but cannot replace proof of personal involvement in the offense. The study emphasizes the need for clearer legal standards based on effective control, connection with corrupt conduct, individual culpability, and economic benefit as supporting evidence.
Reconstructing Restorative Justice Through Customary Criminal Law In Indonesia’s Juvenile Justice System Adi Mansar; Rai Rake Setyawan Rai Rake Setyawan; Vania Micha Dwilizadi Vania Micha Dwilizadi; Duma Indah Sari Lubis; Asrul Azwar Siagian Asrul Azwar Siagian
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): 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.v14i2.2048

Abstract

Indonesia has formally adopted restorative justice for children in conflict with the law, yet diversion continues to operate largely as a procedural device for terminating proceedings rather than as a mechanism of substantive restoration. Existing scholarship has examined diversion and customary dispute settlement as two separate fields, leaving unresolved the prior conceptual question of what may legitimately be transferred from customary criminal law into the state system. This study addresses that gap by arguing that integration should concern restorative values and deliberative mechanisms, not customary sanctions or the wholesale transplantation of customary norms. Employing normative legal research that combines statutory, conceptual, legal-anthropological and comparative approaches, the study analyses the philosophical, constitutional and sociological foundations of restorative justice for children, evaluates customary criminal law as a manifestation of living law, and compares Indonesian practice with indigenous-informed juvenile justice in New Zealand, Canada, Australia and South Africa. The study finds substantive convergence between customary settlement and restorative justice, but also identifies three risks that the literature has under-examined: the ceremonial capture of customary forums, asymmetries of bargaining power affecting victims and children, and the absence of enforceable procedural minima. Its principal contribution is the Integrated Customary Restorative Justice Model (ICRJM), a three-pillar and five-stage framework that subjects customary participation to normative verification, ratification and post-agreement monitoring. Theoretically, the model advances a living law-based account of restorative justice in which social legitimacy is treated as a condition, and not merely a correlate, of restorative effectiveness.
The Responsibility of Digital Platforms in Preventing Online Gender-Based Sexual Violence through a Gender-Responsive Approach S Pratiwi Aminuddin; Agus Raharjo; Hibnu Nugroho; Tri Lisiani Prihatinah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): 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.v14i2.2087

Abstract

Online Gender-Based Sexual Violence (GVS) continues to increase as technology facilitates interaction through social media. This situation demands a model of accountability for digital platform providers in protecting users, particularly in preventing, responding to, and recovering victims' digital footprints. This study analyzes efforts to engage digital platforms through strengthening gender-responsive regulations. The purpose of this study is to evaluate how gender-sensitive protection standards should be integrated into the rules governing digital platforms and the technical aspects of handling harmful content. The study uses a normative-empirical approach through a review of laws and regulations, comparative studies with other countries, case studies of handling online GVS, and brief interviews with victims. The results show that there are no clear, firm regulations governing the roles and responsibilities of digital platforms in enforcing user protection efforts, providing easily accessible reporting mechanisms, and preventing harm. This study compares the implementation of digital platform regulations in Australia and Germany. This article recommends the adoption of rules governing the legal responsibility of digital platforms by implementing provisions requiring them to proactively filter harmful content to victims and to provide complaint services for users who are victims of online GVS, thereby making the digital ecosystem a safe space for users.
Rekonstruksi Prinsip Kehati-hatian dalam Pengaturan Jaminan Silang pada Kredit Perbankan Indonesia Rita Supandi; Helza Nova Lita; Absar Kartabrata
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.v13i3.2123

Abstract

The use of a single collateral asset to secure multiple credit facilities involving different debtors creates interconnected legal and financial risks that are not fully addressed by Indonesia’s existing prudential framework. A default by one debtor may expose the collateral owner and other performing debtors to the loss of the shared asset while also emerging disputes that may impede the bank’s recovery of outstanding claims. This study examines the regulatory and practical weaknesses in the application of prudential principle to cross-collateral arrangements and formulates a reconstructed framework aimed at ensuring legal certainty, proportionate risk allocation, and protection for all affected parties. It employs normative legal research using statutory and conceptual approaches, supplemented by structured interviews with business actors, banking practitioners, advocates, and financial authorities. The findings reveal that credit assessment, risk management, Mortgage Rights, creditor priority, restructuring, and enforcement remain governed by fragmented legal regimes without an integrated mechanism for managing a shared collateral asset securing obligations of multiple debtors. The proposed reconstruction combines a performance-based credit and collateral assessment, strengthened credit analysis, internal bank guidelines, the Know Your Partner Principle, debtor consortia, and Mutual Binding Agreements. It establishes continuous risk disclosure and supervision while prioritizing early warning, restructuring, substitute collateral, and voluntary sale before proportionate enforcement is undertaken.
Government Control and Environmental Corporate Social Responsibility Commitments Eko Nuriyatman; Fitria; Lili Naili Hidayah; Hanif Hardianto; Rahmad Hendra
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): 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.v14i2.1839

Abstract

This study examines the adequacy of government oversight in ensuring corporate compliance with the environmental dimension of corporate social and environmental responsibility (TJSL). The study addresses a normative problem arising from the fragmented relationship between the corporate-law regime governing TJSL and the environmental-law regime governing environmental compliance, supervision, reporting, and enforcement. Using normative legal research with statutory and conceptual approaches, the study analyzes the coherence of Law Number 40 of 2007, Law Number 25 of 2007, Law Number 32 of 2009 as amended by Law Number 6 of 2023, Government Regulation Number 47 of 2012, and Government Regulation Number 22 of 2021. The analysis identifies regulatory fragmentation as the principal structural problem, while weak institutional integration, limited verification, inadequate environmental disclosure, and weak public participation operate as related institutional consequences. The novelty lies in reconstructing government oversight through an Integrated Environmental CSR Accountability Framework that connects TJSL obligations, environmental compliance, governmental supervision, outcome-based reporting, independent verification, public participation, and proportionate enforcement. The reconstruction proposes that Government Regulation Number 47 of 2012 be strengthened, particularly its provisions on corporate planning, reporting, and sanctions, through explicit cross-references to the environmental compliance and supervisory mechanisms under Government Regulation Number 22 of 2021. The framework shifts environmental CSR assessment from expenditure and activity-based reporting toward legally and environmentally measurable outcomes.
The Development of Interpretations of Structured, Systematic and Massive Violations in the 2024 Regional Head Elections Mohammad Syaiful Aris; Muwaffiq Jufri; Ousu Mendy; Abdul Wachid Habibullah; Paul Atagamen Aidonojie
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): 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.v14i2.1882

Abstract

This study examines the development of the Constitutional Court’s interpretation of Structured, Systematic, and Massive (TSM) violations in the settlement of disputes arising from the 2024 Regional Head Election. The analysis is grounded in theory of judicial interpretation, constitutional justice, and substantive justice to explain the Court’s evolving constitutional reasoning in safeguarding electoral integrity. This research employs doctrinal legal research using statutory and case approaches, analysing forty Constitutional Court decisions concerning 2024 Regional Head Election disputes that proceeded to the evidentiary hearing stage. The study finds that the Constitutional Court’s interpretation of TSM violations has evolved from a predominantly vote-count-oriented assessment toward a broader constitutional evaluation of whether serious electoral violations substantially affected the integrity and legitimacy of election results. Rather than disregarding vote calculation, the Court treated proven TSM violations as constitutionally relevant where they distorted the fairness of the electoral process and ultimately affected the validity of election outcomes. This development reflects a shift from a predominantly procedural approach toward a model of constitutional justice that places greater emphasis on substantive justice in election dispute adjudication. The Court also recognised new forms of TSM violations, including the involvement of high-ranking state officials, the mobilisation of village heads, violations of the cooling-off period applicable to former convicts, falsification of administrative documents, and violations of constitutional term limits. This study contributes to the development of constitutional jurisprudence on TSM violations and provides a normative framework for strengthening the future settlement of regional election disputes in Indonesia.
Stunting Prevention through the Hexahelix Collaboration Model: A Constitutional Justice Perspective Cece Mulyadi; Bintarsih Sekarningrum; Deni Kurniadi Sunjaya; R. Anang Muftiadi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): 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.v14i2.1906

Abstract

Child stunting in Indonesia is not merely a public health problem but also reflects challenges of constitutional justice and social inequality, particularly in ensuring children’s rights to health, growth, and development. This study aims to analyze how the Hexahelix Collaboration Model contributes to stunting prevention through the dimensions of social, distributive, procedural, and substantive justice. This study employed a qualitative approach using a descriptive case study design in Rancakalong District, Sumedang Regency. Primary and secondary data were collected through non-participant observation, in-depth interviews, three focus group discussions, and document analysis. Informants were selected purposively from local government institutions, village and subdistrict governments, health workers, academics, and community actors involved in stunting prevention. Data were analyzed using the interactive model of Miles, Huberman, and Saldaña through data reduction, data display, and conclusion drawing and verification. The findings show that the decline in stunting prevalence from 27.61% in 2017 to 7.59% in 2025 was accompanied by coordinated collaboration among the Hexahelix actors in promoting procedural, social, distributive, and substantive justice. The novelty of this study lies in integrating the Hexahelix Collaboration Model with multidimensional justice analysis to explain how collaborative governance can operationalize constitutional obligations in stunting prevention. This framework demonstrates that effective stunting prevention requires not only health interventions but also institutionalized collaboration, equitable resource distribution, community participation, and accountability.

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