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Jurnal Hukum IUS QUIA IUSTUM
Published by Universitas Islam Indonesia
ISSN : 08548498     EISSN : 2527502X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three times a year in January, May, and September. This journal really opens door access for readers and academics to keep in touch with the latest research findings in the field of law.
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Articles 9 Documents
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Search results for , issue "Vol. 32 No. 3: SEPTEMBER 2025" : 9 Documents clear
Logico-Empirisme Paradigma Positivisme Logis: Kritik Dan Tawaran Epistemologi Alternatif Nugraha, Harry Setya; Satria, Indah; Prihandini, Yudiana Dewi
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art2

Abstract

Logico-empiricism emphasises the importance of empirical verification as a scientific criterion for distinguishing meaningful from meaningless statements. Although logico-empiricism has made significant contributions to the development of the philosophy of science and has been practically beneficial for every legal scholar, criticisms of the a variety of assumptions underlying logico-empiricism have emerged from several perspectives. Therefore, this article is important to write in order to: 1) explain and deepen the criticisms of logico-empiricism assumptions by focusing on the perspective of dogmatic legal science; 2) offer an alternative epistemology to address these criticisms. This study uses a conceptual approach supported by secondary data sources. The results show that there are six criticisms of the logico-empiricism assumptions of the logical positivism paradigm when viewed from the perspective of dogmatic legal science. These criticisms highlight the tendency of logico-empiricism to reduce legal complexity, limit the scope of explanation, generalise inappropriately, raise questions of objectivity, and ignore social, political, and societal dynamics in the formation and application of law. This critique also demonstrates the limitations of the logico-empiricist approach, necessitating a more inclusive and interdisciplinary alternative epistemology. Several alternative epistemologies proposed to address criticisms of logico-empiricism include hermeneutics, pragmatism, phenomenology, and falsificationism. It is also possible to integrate these various approaches to form a complementary methodological framework, which the author calls "critical-pragmatic hermeneutic phenomenology." This approach is advantageous because it is holistic, open to revision, contextual, practically useful, and respectful of human experience.
Paradoks Hukum Rekayasa Sosial Pig Butchering Scam Dalam Investasi Digital Aset Kripto Ashibly, Ashibly
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art4

Abstract

The phenomenon of social engineering in the world of digital crypto asset investment has become an increasingly pressing concern in Indonesia, where investors are often trapped in fraudulent schemes that claim to offer high opportunities with low risk. The Pig Butchering Scam is one form of fraud that is currently occurring. The purpose of this study is to analyze the pig butchering scheme through the function of law as a social engineering tool designed to form policies to create new conditions. The research method used is Normative Legal Research, using a conceptual approach. Data sources include primary legal materials consisting of laws and regulations related to the research and secondary legal materials consisting of law books and so on. Data collection was carried out through a study of legal norms, legal regulations, and the legal system in general, as well as qualitative data analysis techniques, with a focus on interpretation. The research findings indicate that the legal paradox of the pig butchering scam social engineering in digital crypto asset investment in Indonesia, when faced with cross-border legal regulations, is not yet supported by a strong international framework. Mutual legal assistance (MLA) can be a solution, but in practice, it also has weaknesses, such as Indonesia's limitations in bilateral agreements. In conclusion, the government is obliged to cooperate and establish regulations bilaterally and multilaterally to protect the interests of its citizens from cybercrime. With international regulations, participating countries can align uniform legal standards and provide global protection, particularly in the case of crypto-asset investment crimes.
Perspektif Ulama Hadis Dan Fikih Terhadap Hadis Dhaif: Analisis Hadis Dhaif Dalam Fatwa Dewan Syariah Nasional Majelis Ulama Indonesia Tsalis, Khodijah Nur; Mujib, Abdul; Bariki, Yusril; Tohir, Abdul Illah
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art1

Abstract

This study examines the standards and provisions of fuqaha and muhaddisun in the use of daif hadith as a legal basis, as well as its application in the fatwa of the DSN-MUI with a focus on the sulh hadith and its implementation in the fatwa on Musyarakah Sharia Current Account Financing. This study highlights the lack of clear criteria and transparency in the use of daif hadith in the DSN-MUI fatwa which impacts the credibility and legal force of the fatwa . The purpose of the study is to describe the standards for the use of daif hadith according to the views of hadith and fiqh scholars, while also evaluating its application in the practice of DSN-MUI fatwas. The method used is normative legal research with textual and content analysis, including takhrij sanad and matan hadith as well as comparison with other valid evidence and established fiqh rules. The results of the study indicate differences of opinion between fuqaha and muhaddisun regarding the criteria and use of daif hadith as evidence. In the DSN-MUI fatwa , the frequently used hadith sulh has a weak sanad due to problematic narrators, but the text remains relevant and in accordance with sharia principles that encourage peaceful dispute resolution. In the fatwa on Sharia Musyarakah Current Account Financing, the implementation of the hadith sulh and other hadiths , some of which are weak, indicates the need for increased methodological accuracy and transparency in the inclusion of hadith status to maintain the credibility and accountability of fatwas , especially in facing the dynamic needs of contemporary sharia.
Dekonstruksi Pengawasan Hakim Melalui Aliansi Strategis Komisi Yudisial dan Mahkamah Agung Zamroni, Mohammad
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art3

Abstract

The dual oversight of judges conducted internally by the Supreme Court and externally by the Judicial Commission has not yielded the expected results but has instead given rise to conflicts of interest between institutions that not only reduce the quality of oversight of judges, but also reduce the quality of judges. Therefore, it is important to examine the system of oversight of judges involving two independent state institutions within the scope of judicial power. The method used in this study is normative juridical with a statutory and conceptual approach. Research materials were collected through literature studies and analysed critically and systematically to reach conclusions. This study offers a solution for a collaborative system of oversight of judges in the form of a strategic alliance. The purpose of this study is to analyse two issues: (1) the urgency of a strategic alliance between the Judicial Commission and the Supreme Court in the oversight of judges; and (2) the strategic alliance model between the Judicial Commission and the Supreme Court in the oversight of judges. The results of this study found that the urgency of a strategic alliance is based on the fact that there is an institutional conflict which is a logical consequence of the dual oversight carried out by two independent institutions separately, the disharmony of laws and regulations governing the oversight of judges, and limited resources. The Judicial Commission and the Supreme Court should collaborate using a strategic alliance model to oversee judges, integrating the judicial oversight system without compromising their respective independence.
Integration of Artificial Intelligence in Indonesian Legislation: Towards Participatory and Transparent Smart Law-Makin Wardana, Dodi Jaya; Setiyawan, Deni
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art5

Abstract

The rapid development of Artificial Intelligence (AI) has opened significant opportunities for reforming Indonesia's legislative system. The urgency of this research stems from the pressing need to enhance the quality, transparency, and public participation in the legislative process, which has long been perceived as slow, bureaucratic, and unresponsive to the rapidly evolving social dynamics. The presence of AI offers innovative solutions to these challenges through the application of analytical technologies, natural language processing, and legislative automation, which are capable of supporting faster and more accurate data-driven decision-making. The objective of this research is to examine the urgency of AI implementation in Indonesia's legislative process and to identify the opportunities and challenges of its integration, particularly concerning aspects of democracy, accountability, legitimacy, and personal data protection — which aims to safeguard individuals' privacy rights and ensure that data collection, storage, use, and deletion are conducted securely, transparently, and in compliance with the law. This study employs a juridical-normative method, incorporating statutory, artificial intelligence, and comparative conceptual approaches, to achieve a comprehensive understanding. The findings suggest that the application of AI has the potential to enhance participation by involving more stakeholders, particularly the public, in decision-making and policy formation processes, thereby making the outcomes more representative, democratic, and responsive to public needs, while also increasing the accuracy of participation. In conclusion, the integration of artificial intelligence into Indonesia's legislative process holds the potential to foster the creation of laws that are more participatory, transparent, and of higher quality — provided clear supporting regulations, guarantees of privacy protection, and the strengthening of institutional capacity within the state accompany it.
Kedudukan Rekomendasi Majelis Disiplin Profesi Sebagai Quasi-Penyelidikan Dalam Penyelesaian Sengketa Medik di Indonesia Fitira, Annisa; Subekti, Rahayu; Isharyanto, Isharyanto
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art6

Abstract

This paper examines the legal stance of the Professional Disciplinary Council in the medical dispute resolution system based on Law Number 17 of 2023 on Healthcare and its derivative regulations. This study employs a normative juridical research method with a critical analysis of the provisions of Article 308 paragraphs (5) and (6) of the Healthcare Law, and compares them with the concept of quasi-judicial bodies in the legal literature. The main focus of this study is to understand in depth the role, authority, and legal implications of the existence of the Professional Disciplinary Council as part of the medical dispute resolution mechanism, especially in the context of the relationship between health worker professionalism and the criminal justice system. The results of the study indicate that the Professional Disciplinary Council has an important role as a quasi-investigative institution, namely conducting ethical and professional assessments of alleged disciplinary violations by health workers, and providing recommendations before the criminal investigation process is carried out. However, these recommendations is yet to have any legally binding force, thus creating legal ambiguity and potentially triggering tensions between professional institutions and law enforcement officials. To address these problems, this study offers an ideal model for medical dispute resolution that upholds professional justice and legal justice in a balanced manner. The need for normative recognition of the Council's role in the Bill of Criminal Procedure Code (RUU KUHAP) is emphasised, as well as improvements to the institutional design to ensure clarity in mechanisms, boundaries of authority, and synergy between institutions. This is expected to ensure the resolution of medical disputes is fair and accountable, guarantees the protection of the dignity of healthcare workers, and provides legal certainty for patients.
Evaluasi Sistem Proporsional Terbuka Pemilu Legislatif Berdasarkan Teori Struktural Hukum Pemilu Issacharoff Rahim, Erman I.; Imran, Hendrik; Abdussamad, Zamroni; Piyo, Sofyan
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art9

Abstract

The open proportional system implemented in Indonesia since the 2009 elections was designed to enhance democratic participation and strengthen legislative accountability. Nevertheless, in practice, this electoral model has produced structural problems that have significantly undermined the quality of representative democracy. This study seeks to address a critical question: to what extent does the open proportional system generate structural imbalances in the distribution of political power within Indonesia’s democratic framework? A normative legal method is employed, utilizing the Structural Approach to Election Law developed by Samuel Issacharoff and refined by Nicholas Stephanopoulos and Yasmin Dawood. The research is based on doctrinal analysis of election laws, Constitutional Court decisions, relevant legal literature, and democratic theory. The findings indicate that the system reinforces the dominance of wealthy candidates, erodes the ideological foundations of political parties, and perpetuates structural exclusion of marginalized social groups. Furthermore, it demonstrates that election law, as an institutional structure, is not ideologically neutral and may be exploited to preserve unequal power relations. The study concludes that electoral reform is necessary to achieve structural justice, particularly through the reconstruction of electoral districts, revision of the parliamentary threshold, implementation of transparent campaign finance regulations, and revitalization of political parties as ideological entities. The structural approach offers a critical and holistic analytical framework for building a more just, inclusive, and substantively democratic electoral system in Indonesia.
Re-examining Amnesty and Abolition Practices in Indonesia: A Normative Evaluation and Framework for Procedural Guidance Putra, Steinly Suwanto; Suarda, Gede Widhiana; Rato, Dominikus; Anggono, Bayu Dwi; Siagian, Ruben Cornelius
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art8

Abstract

The granting of amnesty and abolition in Indonesia is a presidential prerogative under Article 14 of the 1945 Constitution. Its practice has exhibited complex and diverse patterns throughout Indonesia’s political history, from the Soekarno era to the Prabowo Subianto administration. It has generated controversy regarding the rule of law, substantive justice, transparency, and the protection of victims’ rights. This study aims to analyze the practice of amnesty and abolition from historical and juridical perspectives, evaluate its implications for the principle of the rule of law, and identify potential abuses of presidential discretion. Methods include case studies, comparative juridical analysis, and review of legal documents such as presidential decrees, Article 14 of the 1945 Constitution, court decisions, BPUPKI minutes, and legal literature. The analysis was conducted using historical, normative, and descriptive argumentative approaches. The results show that political considerations often influence the practice of amnesty and abolition, can create a perception of legal uncertainty, and that the DPR plays only a formal role. Patterns of granting amnesties differ by era: political stabilization (Soekarno, Soeharto); political rights rehabilitation (Habibie, Abdurrahman Wahid/Gus Dur); peace integration (SBY); and individual justice and human rights considerations (Jokowi, Prabowo). This research proposes a legal bureaucratic framework to strengthen transparency, accountability, and substantive justice. In conclusion, amnesties and abolitions should be implemented with due regard for justice, transparency, legal certainty, and public oversight to prevent abuse of power and to maintain public trust in the legal system.
Repositioning DPD Oversight in Aceh’s Licensing Qanun and Asymmetry Mangunsong, Nurainun; Roiqoh, Surur
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art7

Abstract

The enactment of Law No. 6 of 2023, which ratified the Job Creation Government Regulation in Lieu of Law (Perppu Cipta Kerja), has significantly reshaped Indonesia’s regulatory governance, particularly by streamlining business licensing through national standards. In Aceh, an autonomous region operating under asymmetric decentralization as established by Law No. 11 of 2006, these reforms have created friction with existing qanun, resulting in regulatory disharmony. This study analyzes the functional diffusion of the legislative oversight role of the Regional Representative Council (DPD RI) over licensing-related qanun in Aceh and evaluates its institutional effectiveness within the context of asymmetric decentralization. The research utilizes a juridical-empirical approach and qualitative methods. Data collection involved interviews and document analysis of qanun, DPD regulations, Constitutional Court decisions, and relevant statutory laws. Institutional and comparative analyses were conducted to examine the normative, structural, and functional dimensions of oversight, with references to countries that implement asymmetric decentralization. The findings indicate that DPD oversight in Aceh exemplifies functional diffusion driven by institutional requirements and limited regional coordination. Although symbolically important, its strategic impact is constrained by overlapping authorities, limited mandates, and insufficient stakeholder engagement. Comparative perspectives from Spain, India, and South Africa reveal alternative mechanisms for vertical legal harmonization through judicial or parliamentary means. Strengthening the DPD’s oversight function will require regulatory reform, increased institutional capacity, and enhanced collaboration among stakeholders to achieve substantive legislative oversight.

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