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INDONESIA
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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Ketidakselarasan Pengaturan Keagenan Dalam Undang-Undang Cipta Kerja Anisah, Siti
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 3: SEPTEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss3.art10

Abstract

Agency relationships constitute a fundamental pillar of modern commerce. Large companies generally manage their corporate affairs through a series of agency activities, particularly in conducting their business operations. In Indonesia, however, the regulation of agency relationships is highly diverse. It can be said that the normative and academic understanding of agency law has not kept pace with regulatory developments responding to commercial activities. Therefore, this article examines the inconsistencies in the regulation of agency under the Job Creation Law and discusses their implications. To address this research focus, the author employs a normative legal research method. The study finds that the regulation of agency in the Job Creation Law is varied and inconsistent with the proper concept and legal framework that should apply to agents. The lawmakers appear not to have harmonized agency-related provisions across the various laws amended under the Job Creation Law as an omnibus law. Considering the significant role of agency in modern commercial life, there is a pressing need for a comprehensive legal framework that clearly regulates and properly positions agents in commercial transactions, thereby preventing overlaps in rights, obligations, authority, and responsibilities with principals and other intermediaries.
Wives’ Sexual Rights: Shāfiʿī Fiqh Norms and Indonesian Positive Law Mujahid, Ilham; Nurrohman, Nurrohman; Burhanuddin, Burhanuddin; Rasyid, Fauzan Ali; Fawzi, Ramdan
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 1: JANUARI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss1.art2

Abstract

Wives’ sexual rights in marriage constitute a fundamental aspect of human dignity that remains problematic in the construction of classical Islamic jurisprudence and Islamic family law in Indonesia. In the Shāfiʿī school of fiqh, particularly as reflected in al-Muhadzdzab by Abū Isḥāq al-Shīrāzī, sexual intercourse (jimāʿ) is predominantly positioned as a prerogative right of husbands, while wives’ sexual rights are neither explicitly articulated nor recognized as equal. In contrast, the Indonesian positive law through the Marriage Law, the Compilation of Islamic Law (KHI), the Law on Elimination of Domestic Violence, and the Law on Sexual Violence Crimes demonstrates a more progressive orientation by acknowledging wives’ sexual rights as an integral component of the protection of human dignity and human rights. This study employed a normative legal approach with a content analysis of Shāfiʿī fiqh texts and a comparative analysis of the Indonesian positive law regulations. The findings revealed a normative gap between hierarchical classical fiqh and positive law that was oriented toward equality and the protection of women’s bodily rights. The primary contribution of this article is found in its direct dialectical engagement between the Shāfiʿī fiqh norms and the Indonesian positive law, followed by a proposed reinterpretation of fiqh grounded in maqāṣid al-sharīʿah, which affirms wives’ sexual rights as a reciprocal right in marriage. Furthermore, this article improves a concrete legal formulation by proposing a conceptual revision of nafkah bāṭin (intimate maintenance) in the Compilation of Islamic Law to encompass the proper fulfillment of wives’ biological needs which are free from coercion and accompanied by clear legal consequences. Therefore, this study enriches the discourse on Islamic family law while offering a normative bridge between fiqh authority and the Indonesian positive law grounded in gender justice.
Sejarah Hukum Kekosongan Presiden dan Wakil Presiden Bersamaan di Indonesia (Pelajaran dari Rezim Otoriter Sukarno dan Soeharto) Ramadhan, Febriansyah
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 1: JANUARI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss1.art4

Abstract

Indonesia has a history of simultaneous vacuums of power on the presidential and vice-presidential seats that have received little academic attention. This article examines the said history, namely the Emergency Government of the Republic of Indonesia (PDRI) of 1948–1949 and the transition of power from President Soekarno to Soeharto in 1966–1968. This article conducts a longitudinal study of both instances and the legal instruments surrounding them, uncovering various historical lessons that can inspire the development of future presidential succession law and examining the current presidential succession law in Article 8 paragraph (3) of the 1945 Constitution of the Republic of Indonesia from a legal historical perspective. This article is a normative legal research with a legal historical approach. To enrich the study, this article uses sources from classical archives surrounding both events and the Minutes of the MPR Sessions of 1966–1968 and 1973, for critical study. This article argues that the history of vacuums of power in Indonesia demonstrates a gradual transition from the practice of power vacuums based on political decisions toward the institutionalization of presidential succession law, although this has not yet fully translated into constitutional supremacy. Using a legal history approach to the phases from the PDRI (Indonesian Democratic Republic of Indonesia), the New Order transition, to constitutional reform, this article aims to demonstrate that Indonesia experienced a gradual evolution in the development of presidential succession law, moving from a shift away from political control toward constitutional supremacy, which fully requires an automatic succession process. However, many historical lessons do not inspire the presidential succession law in Article 8 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, and in some cases, it has even experienced normative regression.
Politik Hukum dan Reformasi Regulasi: Studi Komparatif Jerman dan Korea Selatan Pebriana, I Kadek Ade; Hasibuan, Fanny Nafisah; Kartika, I Gusti Ayu Putri
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 1: JANUARI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss1.art6

Abstract

This study specifically examines the success of Germany and South Korea in legal policy, which has direct implications for the direction, form, and effectiveness of regulatory governance in respective countries. In that regard, to better understand the role of legal policy in regulatory governance, this study formulates two primary questions. First, how is the legal policy of legislation in Germany and South Korea formulated and implemented? Second, to what extent does this legal policy influence regulatory governance institutions? This study uses a normative legal research method considering the object of study relates to legal norms, principles, and opinions. The approach used is a comparative legal approach, with the basic concept of comparison being to identify similarities, differences, and relationships between the two countries. The theory used as an analytical tool is path dependency theory, to examine the background of legal policy and its implications for the outcomes of legal policy. The results show that strong legal policy encourages the formation of effective and contextual regulatory institutions, capable of addressing specific issues in each country. The Nationaler Normenkontrollrat (NKR) in Germany has successfully increased bureaucratic efficiency, while the Regulatory Reform Committee (PRC) and the Ministry of Government Legislation (MOLEG) in South Korea have ensured regulatory quality by minimizing political interests and increasing public participation. This study concludes that a well-formulated legal policy will create an effective, adaptive regulatory management institution capable of addressing multi-complex and multidimensional socio-economic challenges. Germany has succeeded with its bureaucratic efficiency approach, while South Korea has succeeded with its quality and public participation approach.
Teseng: A Symbiosis of Law and Local Wisdom in Agricultural Profit-Sharing Agreements in South Sulawesi Nurdin, Nurdin; Djuniarti, Djuniarti
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 1: JANUARI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss1.art5

Abstract

This paper explores teseng from the perspective of the symbiosis of law and local wisdom in agricultural sharecropping agreements in South Sulawesi. The aim of this research is to analyse the meaning and practice of teseng in South Sulawesi society, the integration of national legal norms with local wisdom in teseng agreements, and teseng in the context of modernisation and land regulation. The urgency of this research is to look into how teseng works, which mixes government laws and local traditions in farming profit-sharing agreements, helping to create fairness and resolve land disputes in South Sulawesi, where people still strongly follow their customs and local values. This research is a normative legal study with sources of primary and secondary legal materials. The research results show that the meaning and practice of teseng in South Sulawesi society represent a form of local wisdom that emphasises the principles of mutual trust and cooperation between landowners and cultivators, where the division of agricultural produce is carried out naturally based on mutual agreement without a written contract, thus demanding honesty and commitment from both parties. Teseng is not just an economic agreement; it is also part of a long-standing tradition that emphasises social values. In the context of integrating national legal norms, teseng reflects the harmonisation between formal state rules and customary values, which is important for providing legal protection without neglecting social and cultural values while also encouraging written documentation to reduce potential conflicts. Despite facing the challenges of modernisation and land regulations, the teseng system remains relevant and adaptive to economic needs and legal certainty, as long as there is an effort to harmonise local values, economy, and law to ensure fairness and sustainability in the era of change.
Kerangka Normatif Pembentukan Peraturan Daerah yang Humanis: Kajian Nilai Kearifan Lokal Masyarakat Magelang Marizal, Muhammad; Gunawan, Tri Agus; Rihardi, Satrio Ageng; Rofiq, Nur; Puspandari, Rr. Yunita; Hadji, Kuswan
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 1: JANUARI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss1.art8

Abstract

The formation of regional regulations (Perda) often ignores the cultural dynamics of local communities, thus triggering regulatory conflicts, as occurred in the case of the KSPN Borobudur and the implementation of policies on agricultural sector in Magelang. This study aims to map the forms of local wisdom values ​​that characterize the social characteristics of Magelang society while constructing a normative framework in the formation of humanistic and responsive Perda. The method used is qualitative with a normative-empirical research type through a conceptual and sociological approach. Data collection was carried out by purposive sampling in three representative locations, namely Gelangan Village (military site), Payaman Village (Islamic boarding school), and Wonolelo Village (mountain agrarian site). The results indicate that Magelang society is divided into three cultural typologies with unique value characteristics: the values ​​of discipline and obedience in the military community; the values ​​of friendliness and religiosity in the Islamic boarding school community; and the values ​​of simplicity and natural-cultural preservation in the mountain agrarian community. These empirical values ​​have been successfully normatively transformed into principles for designing regional laws that are in line with Law No. 12 of 2011, such as the principles of inclusivity, proportionality, and ecological sustainability. This study concludes that the integration of the three-typology of local wisdom is the primary foundation for a progressive-humanist regional legislative model. This normative model constructs three main prerequisites: conceptual reconciliation of positive law with living law from the planning stage, institutionalisation of socio-religious values ​​as mandatory considerations in the Academic Draft, and strengthening the space for substantive public participation to produce responsive and conscientious regional regulations.
WIPO Treaty On GRATK: Implikasi dan Tantangan Bagi Indonesia Dalam Mencegah Biopiracy Sari, Devina Puspita; Kinanti, Fatma Muthia
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 1: JANUARI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss1.art10

Abstract

This study examines the implications of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty) and analyzes the challenges of implementing its provisions within the Indonesian legal system to prevent biopiracy. The research focuses on the compatibility between the Treaty's international norms and Indonesia's domestic legal framework, particularly in relation to the patent regime, communal intellectual property, and access and benefit-sharing (ABS) mechanisms. This study employs a normative juridical method using statutory and conceptual approaches. The legal materials analyzed include the WIPO GRATK Treaty, Indonesia's Patent Law, Government Regulations on Communal Intellectual Property, sectoral regulations governing genetic resources, and relevant international instruments concerning the protection of traditional knowledge. The data were analyzed qualitatively through a systematic interpretation of legal norms to assess the harmonization and implementation of national regulations. The findings indicate that Indonesia has incorporated several provisions of the WIPO GRATK Treaty through the obligation to disclose the origin of genetic resources and/or associated traditional knowledge in patent applications, as well as through benefit-sharing provisions introduced under the amended Patent Law. Nevertheless, the implementation of these provisions continues to face significant challenges, including regulatory fragmentation across sectors, the lack of integration between genetic resource databases and the patent examination system, limited verification and enforcement mechanisms for disclosure obligations, and inadequate institutional coordination in implementing prior informed consent (PIC) and access and benefit-sharing (ABS) arrangements. This study concludes that the effective implementation of the WIPO GRATK Treaty in Indonesia depends on cross-sectoral regulatory harmonization, the strengthening of a patent examination system supported by integrated genetic resource databases, and enhanced institutional capacity for monitoring and enforcement. Such integration is essential for establishing an effective, coordinated, and sustainable legal framework for preventing biopiracy.
The Repressive Nature of Local Regulations on Tolerance in Indonesia Hadi, Sahid; Heron, Heronimus
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 1: JANUARI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss1.art7

Abstract

This article investigates the nature of local regulations on tolerance in Indonesia. Focusing on considerations that shape the primary rationales of such local regulations, this article explains the repressive approach that local governments in Indonesia have persistently used in responding to religious intolerant incidents. Applying a conceptual framework concerning the social conflict prevention-management and human rights approach and drawing on a content analysis of 12 local regulations, the consideration of preventing and managing social conflicts has dominated the primary rationales of local regulations on tolerance in Indonesia. In contrast, human rights considerations, particularly those focused on protecting freedom of religion and belief to promote greater religious diversity, remain marginal across the regulatory corpus. Instead of serving as a tool for promoting individual freedoms and diversity, existing local regulations on tolerance function as instruments that suppress diversity, working on the assumption that religious differences inherently pose a threat of social friction. Drawing on a critical understanding that pro-tolerance regulatios may be used as repressive tools to suppress religious diversity, we argue for human rights-based approach, as well as individual freedoms, to promote religious diversity and as a reference point for developing tolerance regulations in Indonesia.
Konsep Hukum Kontrak Terapeutik dan Hubungan Kontraktual Berbasis Gentlemen’s Agreements Wijaya, Yudi Yasmin
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 1: JANUARI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss1.art9

Abstract

The use of the term therapeutic contract in Indonesia originates from opinions underpinning the Guide to Conduct of the Indonesian Medical Code of Ethics (KODEKI). Based on a contractual relationship, agreements about medical treatment are generally conducted informally and without written document, given the occupied environment of medical services. Nevertheless, in certain cases, contractual issues give rise to legal arguments concerning informed consent. Such problems emerge when routine medical procedures resulted in harm to patients, and the absence of informed consent may generate further liability for medical practitioners and even the hospitals. Against this legal issue, this article examines the extent to which contract law influences the therapeutic contractual relationship, and whether the nature of the therapeutic contract ought properly to be regarded as an informal gentlemen’s agreement or as a legally binding obligation. The study employs doctrinal legal research methods, adopting both statutory and conceptual approaches. The analysis is further supplemented by a minor comparative study, drawing upon Book Seven of the Nieuw Burgerlijk Wetboek (NBW) and Act No. 17 of 2023 of Republic of Indonesia about Health. The findings suggest that the therapeutic contract constitutes a distinct form of contract which should be differentiated from informed consent, by virtue of its trust-based character akin to a gentlemen’s agreement. Through recommendations for an ideal codification, this study aspires to provide a prescriptive foundation for the legal recognition of therapeutic contracts in Indonesia.
Beyond Biological Bonds: Child-Centered Legal Pluralism in Blended Families in Kandangan Village, East Java Fadhilah, Nur; Zakia, Putri; Mu'allifin, M. Darin Arif; A'isyah, Siti
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.art4

Abstract

This study investigates the fulfillment of children’s rights in blended families within Indonesia’s plural legal context. It addresses three main questions: how plural legal frameworks construct the identity and rights of children in blended families, how biological assumptions embedded in statutory and religious laws limit children’s access to consistent caregiving, and how a child-centered approach can reshape legal pluralism to provide inclusive protection. Employing a qualitative socio-legal methodology, the research integrates doctrinal legal analysis with empirical data from semi-structured interviews, observations, and document analysis in five blended households in Kandangan Village, East Java. The findings show that legal definitions privileging biological lineage restrict children’s access to care, identity, and inheritance when provided by non-biological caregivers. At the same time, community-based forums such as musyawarah desa offer adaptive mechanisms that safeguard children’s welfare by validating caregiving roles beyond biological ties. Comparative insights from plural legal contexts highlight the potential of incorporating caregiving capacity and emotional bonds into formal legal frameworks to ensure the protection of children’s rights. The study concludes that advancing a child-centered legal pluralism in Indonesia requires harmonizing statutory, Islamic, and customary laws to reflect contemporary family structures while consistently prioritizing children’s rights. Its contribution lies in offering a relational and locally grounded framework for family law reform, while also identifying the limitations of single-site, small-scale research and suggesting future studies across regions and using quantitative approaches.

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