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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.
Arjuna Subject : -
Articles 998 Documents
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Fragmentasi Kewenangan dalam Pengelolaan Data Pemilih dan Dampaknya terhadap Pencatutan Identitas pada Pemilu 2024 Kurniawan, Basuki; Nugroho, Jati; Purwanti, Henny; Firmansyah, Hendika Candra Nicolas
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 2: MEI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss2.art1

Abstract

The phenomenon of citizens' personal data misappropriation into political party membership through the SIPOL application in the 2024 Election reveals a regulatory disharmony within Indonesia's digital democracy ecosystem. The digitalization of political party verification, originally intended to enhance administrative efficiency, has in practice triggered privacy rights violations due to the unauthorized use of National Identification Numbers (NIK). This study focuses on two main issues: firstly, the implications of regulatory inconsistencies between the Personal Data Protection Act (PDP Act) and the General Elections Commission Regulation (PKPU) for the effectiveness of restoring the rights of victims of identity theft within the electoral information system; secondly, the necessary restructuring of electoral personal data protection to achieve substantive electoral justice. To address these issues, this study aims to analyse the effectiveness of legal protection for victims of data misuse, evaluate the KPU’s operational performance in handling public complaints, and examine the implications of regulatory fragmentation for legal certainty and substantive justice. The research method employed is socio-legal research with a single case study model in Jember Regency using purposive sampling techniques. Data were collected through in-depth interviews with KPU commissioners and victims of data misappropriation, and analyzed using statutory and conceptual approaches. The results of this study indicate that the currently available protection mechanisms remain administrative-procedural and have not been able to provide complete rights restoration. This is evidenced by the existence of "data residuals" in SIPOL despite the submission of objection reports, rooted in the absence of automatic data status update protocols and the failure to shift the burden of proof to political parties. This study concludes that strengthening the integrity of electoral democracy requires a reconstruction of technical regulations that integrate the principles of the Personal Data Protection Law (UU PDP) into the electoral information system through the harmonization of KPU Regulations (PKPU), the enforcement of progressive administrative sanctions, and the provision of accountable self-correction data features.
Tafsir Konstitusional Batasan Moralitas, Rasionalitas dan Ketidakadilan Yang Intolerable dalam Pengujian Kebijakan Hukum Terbuka Rayhan, Alendra Nauval Mufti; Safaat, Muchamad Ali; Murdiana, Elfa; Arssa, Ria Casmi
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 2: MEI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss2.art2

Abstract

The discourse on legal policy has entered a new chapter in the judicial review of laws at the Constitutional Court. This new chapter is characterized by the Constitutional Court becoming increasingly open to reviewing open legal policies. Consequently, decisions previously deemed as open legal policies, such as cases concerning the presidential threshold, parliamentary threshold, and several other open legal policy cases, have begun to be granted by the Court. However, the ambiguity of meaning regarding morality, rationality, and intolerable injustice as limitations in the review of open legal policies creates obstacles for subsequent reviews. To that end, the researcher aims to seek the interpretation as well as the criteria of these limitations as the initial boundaries of open legal policy, formulated as: what is the meaning of the limitations of morality, rationality, and intolerable injustice in the review of open legal policy? This study employs a normative juridical research method with a conceptual approach that dissects the concept of limitations on open legal policy and a case approach utilizing Constitutional Court decisions that provide interpretations of the limitations of morality, rationality, and intolerable injustice. The purpose of employing these approaches is to ensure that the interpretation of the limitations of open legal policy holds constitutional value and reflects legal certainty within the concept of the rule of law. The researcher utilizes 16 (sixteen) decisions to discover this interpretation. Through these decisions, it is found that there are 6 (six) metrics of morality, 5 (five) metrics of rationality, and 4 (four) metrics of intolerable injustice commonly used by the Constitutional Court in reviewing open legal policies. These metrics are used to prove the constitutionality of open legal policies in the judicial review of laws
Reconfiguring Local Criminalization: Constitutional Implications of The New Indonesian Criminal Code For Regional Autonomy Fauzani, Muhammad Addi; Putra, Alamsyah Nurahmad; Mahmuda, Rahmadina Bella
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 2: MEI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss2.art3

Abstract

The enactment of the new Penal Law has removed the authority of local governments to prescribe criminal sanctions in local regulations, raising constitutional concerns regarding the implementation of local autonomy. This study aims, first, to examine how the penal amendments affect the implementation of local autonomy and, second, to formulate short-term and long-term legal policies that local governments should adopt in response to the elimination of this authority. This research employs normative legal research using statutory and conceptual approaches. The findings reveal that Articles 613 and 615 of the Penal Law are inconsistent with the constitutional principle of regional autonomy guaranteed under Article 18 paragraphs (5) and (6) of the Constitution, as well as the Law on the Formation of Legislation and the Local Government Law. These provisions reflect a centralized legislative policy that weakens local autonomy by limiting the authority of local governments to formulate criminal sanctions. In the short term, local governments should strengthen the enforcement of administrative sanctions to ensure compliance with local regulations. In the long term, Articles 613 and 615 should be repealed to restore the constitutional authority of local governments to prescribe criminal sanctions through local regulations. Such restoration should be accompanied by strengthening the institutional capacity of local law enforcement agencies, particularly the Civil Service Police Unit, and improving correctional facilities to support the effective implementation of local criminal law. This study contributes to the discourse on the constitutional balance between criminal law codification and regional autonomy in Indonesia.
Bantuan Hukum dan Kebenaran (Veritas): Membongkar Norma yang Destruktif dan Menetapkan Rekonstruksi Susilo, Erwin; Rafi, Muhammad
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 2: MEI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss2.art6

Abstract

This research is based on the issue of limited access to legal assistance for suspects or defendants in the Indonesian criminal justice system. The provisions in Article 155 paragraphs (1) and (2) of the New Criminal Procedure Code remain stipulating a minimum criminal penalty and various administrative requirements for obtaining free legal assistance. These provisions pose the potential to hinder suspects or defendants, especially those who are incapacitated or detained, from obtaining effective legal assistance. Consequently, there is an imbalance in the position between the state and individuals in criminal justice, which can affect the search for material truth ( veritas ) as the main objective of criminal procedure law. This research aims to analyse the role of advocates in assisting to uncover veritas in criminal justice and formulate a more effective regulatory concept for legal assistance. The study uses a doctrinal legal research method with a conceptual approach and a statutory approach, which is analysed qualitatively against legal norms governing legal assistance. The results indicate that the presence of advocates plays an important role in balancing the relationship between the state and suspects or defendants and strengthening the fair evidentiary process. Therefore, this research recommends the reconstruction of legal assistance regulations by removing the minimum criminal penalty limit in Article 155 of the New Criminal Procedure Code and simplifying the administrative requirements for detained suspects or defendants. This reformulation is necessary to ensure that legal assistance truly functions as an instrument to guarantee equality before the law and support the search for material truth in criminal justice.
Social Impact Assessment di Malaysia dan New South Wales, Australia: Pembelajaran bagi Pengaturan di Indonesia pada Masa Mendatang (Social Impact Assessment in Malaysia and New South Wales, Australia: Lessons for Future Regulation in Indonesia) Dewi, Anggita Mustika; Ginting, Albert Suprayogi; Aina, Destriananda Safa
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 2: MEI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss2.art8

Abstract

The legal framework for land acquisition in Indonesia has not systematically integrated Social Impact Assessment (SIA), thus, protection against the social impacts of development has not been optimally implemented. Unlike Indonesia, which is still developing SIA regulations, Malaysia and New South Wales, Australia have implemented SIA in the land acquisition process for development. This research aims to analyze SIA regulations in these two jurisdictions and identify relevant norms for strengthening SIA regulations in Indonesia. This research is a normative legal study using a statute approach and a comparative approach. The collected data were analyzed qualitatively. The research findings indicate that strengthening SIA regulations in Indonesia requires a legal basis at the statutory level, making amendments to Law Number 2 of 2012 urgently necessary. These regulations also need to be supplemented with implementing regulations, such as Ministerial Regulations and SIA Guidelines, to further regulate the technical provisions for SIA implementation. These include the classification of projects that require SIA based on their social risk level, the implementation of SIA from the land acquisition planning stage, information provision mechanisms that combine public displays and digital platforms, diverse, inclusive, and meaningful public participation, and proportional, efficient, and risk-based monitoring and evaluation mechanisms. These findings provide a normative basis for developing SIA regulations to strengthen the protection of the rights of affected communities, particularly vulnerable groups and indigenous communities, in realizing more responsive, participatory, inclusive, and equitable land acquisition.
Menata Ulang Pembagian Wewenang Pengawasan Hakim Faiz, Elza
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 2: MEI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss2.art7

Abstract

Finding an equilibrium point between judicial independence and judicial accountability is a key challenge in designing a judicial oversight system. This balance requires an institutional structure capable of clearly dividing oversight authority. To this date, existing studies have not provided an adequate structure regarding the division of oversight authority between the Supreme Court and the Judicial Commission. This study examines the problematic division of oversight authority between the Supreme Court and the Judicial Commission within the framework of maintaining a balance between judicial independence and accountability. Although both institutions have been normatively mandated to oversee their respective authorities, their implementation has not been optimal due to several legal issues in their regulations. This study uses a normative-empirical legal method through an analysis of laws and regulations, institutional documents, and empirical data regarding the implementation of judicial oversight. The results indicate that the unclear division of authority is a major factor contributing to the ineffectiveness of judicial oversight in realizing judicial accountability. The results indicate that suboptimal oversight is caused by the weak binding power of the Judicial Commission's recommendations and the unclear boundaries between judicial technicalities or legal errors and codes of ethics or judicial misconduct. The novelty of this research lies in the development of the Shared Authority System, which emphasizes the division of supervisory authority between the Supreme Court and the Judicial Commission and introduces the Joint Classification Forum as a mechanism for resolving areas of overlap between judicial technical matters and judicial ethical violations. This model provides a clearer institutional framework to strengthen judicial accountability without compromising judicial independence.
Rekonstruksi Rekrutmen Calon Legislatif Perempuan: dari Pendekatan Formalistik menuju Substantif Redhani, Muhammad Erfa; Erlina, Erlina
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 2: MEI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss2.art5

Abstract

The evolution of Constitutional Court decisions indicates a gradual strengthening of the 30% quota for women in legislative candidacy, including the emphasis on sanctions for non-compliance. However, this strengthening is not necessarily directly proportional to the quality of women's representation in practice, since political parties often conduct short-term and formalistic recruitment simply to fulfill candidacy requirements. This article fills a gap in previous researches by analysing Constitutional Court Decision No. 128/PUU-XXIV/2026 as a basis for evaluating political parties' obligations to meet the women's partitcipation quota. This article addresses two main issues: the development of Constitutional Court decisions in strengthening the quota for women legislative candidates in Indonesia and the design of strengthening women's candidate recruitment to prevent the practice of merely formal representation. This is a normative legal study using legislative, conceptual, and case study approaches. Legal materials were collected through literature review, then analysed descriptively and qualitatively. The results show that the development of Constitutional Court decisions has been progressive, starting from the legitimacy of affirmative action, strengthening women's representation in political structures, to affirming the legal consequences for political parties' non-compliance. However, the effectiveness of quota policies remains dependent on the recruitment design within political parties. Therefore, this article suggests that recruitment of female legislative candidates should be directed not only at meeting quotas but also at sustainable cadre development, open selection, and adequate political development so that women emerge as competent and substantive political actors in the legislative process and public policymaking.
Transplantasi Victim Impact Statement Dalam KUHAP Baru: Perbandingan Kanada, Belanda Dan Australia Noviantama, Doni; Wafi, Muhammad Syafiq; Putri, Salsabella Sania; Martha, Aroma Elmina
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 2: MEI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss2.art9

Abstract

The Indonesian criminal justice system inevitably situates the victims in a passive position, they are merely able to witness the law enforcement process without having an independent space to express their experiences. Meanwhile, in other countries such as Canada, the Netherlands, and Australia, the victims are directly involved in the law enforcement process by being given the opportunity to submit a Victim Impact Statement (VIS) at a conference. Therefore, the researcher focused on two primary issues: how is the VIS regulated in the Canadian, the Dutch, and the Australian legal systems? And how is the VIS transplant model in the New Criminal Procedure Code, starting from its form, content, parties who submit it, and crimes for which victims may submit a VIS? The research method used is normative legal research using primary and secondary legal materials. The results of the study indicate that Canada, the Netherlands, and Australia have comprehensively regulated VIS in their legal systems as a form of strengthening victim participation in the criminal justice system. The VIS regulations in Canada, the Netherlands, and Australia can be used as a basis for a comprehensive transplantation of VIS law in the New Criminal Procedure Code, starting from the form of VIS to the crimes for which victims can submit a VIS. Moreover, the philosophical basis for VIS aligns with existing Indonesian values, allowing legislators to transplant VIS into formal law. Therefore, researchers recommend transplanting VIS provisions into the New Criminal Procedure Code (KUHAP), which specifically regulates the form and content of VIS, the parties who can file a VIS, the crimes for which victims can file a VIS, and the VIS filing procedure.

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