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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 702 Documents
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LEGAL PROTECTION ON GEOGRAPHICAL INDICATION AS A PART OF INTELLECTUAL PROTECTION RIGHTS Yessiningrum, Winda Risna
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.259 KB) | DOI: 10.12345/ius.v3i7.198

Abstract

Geographical indication is a mark of product that indicates the originality, due to geographical environment including factors of nature, human or combination of both which containing particular characters and qualities within a product. Those characters and quality are maintained and sustained in certain length of time which will contribute reputation (well known) over the product and may raising its economic value. Based on research result, it may conclude that geographical indication matter is urgency to be legally protected. As it may guarantee the basic rights of the holder and actualized the sense of safety of a product, as it produce naturally or coming from a very specific human idea that cannot be found in another area and owns specific reputation. That it may increase competitiveness of a region and require a better concern from the local government. Geographical indication is a quality indicator where the geographical indication indicates the area of origins of a product to the customers. Keywords: Protection, legal, originality.
DIVESTMENT VIEWED FROM THE PERSPECTIVE OF JUSTICE (PT. NNT IN WEST NUSA TENGGARA) Asikin, Zainal
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (243.127 KB) | DOI: 10.12345/ius.v1i1.231

Abstract

The Shares divestment Process of PT NTT becomes interesting legal problem to criticize because the case of shares divestment that involves a big company foreign company in gold mining sector that happened in Indonesia especially in West Nusa Tenggara.The research analyze about how the Indonesian Law regulates on shares divestment and how the divestment practice conducted by Local government of West Nusa Tenggara. Through the normative approach (normative study) and case approach. It was concluded that the law in Indonesian has not been regulated on the process of shares divestment by the Government (Local Company). However through the legal analogy method so the Acts Number 1 Year 2004 on State treasury and some of its implementation regulations applicable to the investments and divestments process. Likewise, as long as the divestment cooperation aims to build the public infrastructure so that the President Regulation Number 65 Year 2005 refers to President Number 13 Year 2010 could be umbrella of law. In the process of shares divestment of PT. NNT, it is found the procedural mistakes by the Government of West Nusa Tenggara, as well as there are collaboration agreement contain a conflict of norm, so that potentially causing losses to the state. Keywords:  the Cooperation Agreement, Divestiture Shares
THE FORMULATION POLICY FOR PROSECUTOR’S AUTHORITY WITHIN MONEY LAUNDERING Paramita, Indah
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.15 KB) | DOI: 10.12345/ius.v3i9.266

Abstract

The authority of money laundering case’s prosecutors mentioned in article 68 Law Nr. 8 Year 2010 concerning the prevention and eradication of money laundering. The formulation remains unclear and needs further juridical interpretation. Based on the result of research, it can be concluded that the prosecutor’s authority formulated in article 68 Law Nr. 8 Year 2010 concerning the prevention and eradication of money laundering contains of weaknesses as  follow : (1)in indictment making process, (2) in case’s handing over process and (3) in transaction blockaging. The juridical implication that appear is the technical regulation should be dismissed since they are in contrary with higher regulation (Law Nr. 8 Year 2010 concerning the prevention and eradication of money laundering). With regards to this condition, the best future formulation for prosecutor’s authority is appliying Indonesian Criminal Procedure Codification (KUHAP), since it can decrease the authority overlap between District Attorney and Corruption Eradication Commission.Keywords : Formulation, authority, prosecutor.
CONSUMER LAW PROTECTION AGAINST SOY CARTEL IN THE PERSPECTIVE OF UNFAIR COMPETITION LAW Angriani, Parida
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.93 KB) | DOI: 10.12345/ius.v2i4.163

Abstract

In general, competition is fair, if done honestly, but the competition is not always conducted honestly. It can be seen from the number of cases that decided by the Commission Business Competition Supervision (KPPU) on fraudulent acts committed by company. One of fraudulent acts is Cartel. Cartels are agreements made by businesses to other businesses in similar production to influence prices and production process. The cartel actions usually choose products that have strategic value, such as soy. Soybean is the basic ingredient that can be processed into a variety of food and beverage. But lately soybean prices are very high and causing consumer suffers losses. Skyrocketing soybean prices in the market, causing losses to consumers that can held responsibility under the law to the company, administrative and criminal sanctions. Today, soybean production are indicated the soy cartel. To avoid such allegations, in the production of soybean company must be obey on Law Number 5 Year 1999 on Prohibited Monopoly Practices and Unfair Competition. The law prohibited cartel action by company that set in Article 11. But cartel arrangement was deemed less clear and incomplete, because it does not provide clear and unequivocal definition of cartel and cartel types. So to avoid the vagueness of norms, government in formulating the law must be carefully and able to provide legal protection to consumers so that can prevent the arbitrary actions by company. Keywords: Cartel, Soybean, and Unfair Business Competition.
CONFLICT BETWEEN LAW AND JUSTICE Putro, Widodo Dwi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.12345/ius.v1i1.222

Abstract

The consequence of identifying justice with law is that seeking justice becomes constrained and it becomes limited only to the formulation of law. Although it is possible to approach justice from the ‘legal-formal’ aspect, justice cannot be reduced to law. Once justice is reduced to law, seeking justice outside the legal system ceases. The assumption that justice is identical to law is misleading, as justice is assumed to be inherent in the law itself. On the other hand, it is dangerous to make a distinct separation between law and justice. Law obtains its validity through its positive form, which is derived from the sovereign authority. The implication of this is that law is the law itself, altogether separate from justice, whereby an emphasis is placed only on its formal manifestation. However, law is not justice. Law is a calculable element, while justice is incalculable in concrete terms. Law is a tool for approaching justice. Therefore, law cannot possibly surpass justice, because assuming that law surpasses justice would be as stating that the tool colonizes its objective.  Keywords: Law, Justice, Tools, Goals.
THE EXISTENCE OF CUSTOMARY LAW IN THE POLEMICS OF POSITIVE LAW – A STUDY FROM THE PERSPECTIVE OF CONSTITUTIONAL LAW Saleh, M.
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (301.389 KB) | DOI: 10.12345/ius.v1i3.254

Abstract

As a member of the law family, the Adat law is one form of positive law which plays particular role and contribution in the making process of the whole positive law in Indonesia. Existence of Adat law in the constitutional of Indonesia painted its own color. As one of the oldest customary law in the life of local community Adat law has become the seed and formatting idea of Indonesia’s national law where Adat Law has widely influenced other positive law. Keywords: Adat Law.
OUTSOURCING OF LABOUR AS AN OBSTRUCTION TO WELFARE Diangsa Wagian, M. Yazid Fathoni &
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (297.239 KB) | DOI: 10.12345/ius.v2i4.154

Abstract

Act Number 13 of 1999 concerning Employment provide for company to perform management efficiency and financial efficiency by outsourcing employment system. In contrast with developed countries, outsourcing in Indonesia, based on Act Number 13 of 1999, intended not to find workers who have specially expertise or specially ability, but to find worker to fill non core business job category in the company or activities not directly related to the production processKey word: outsourcing, workers, protection
THE POLICY OF CRIMINAL LAW FORMULATION CONCERNING ERADICATION OF RELIGIOUS OFFENSE IN ORDER OF CRIMINAL LAW REFORMATION Amin, Idi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (270.319 KB) | DOI: 10.12345/ius.v2i6.186

Abstract

Indonesia is the country that believes in God and having a philosophy of divinity, therefore, thetranquility of religious life is of a legal matter as well as public interest that should be protected.Therefore , since the legal protection on the legal matter is for all citizens, the stipulation of religionoffense must be regulated and protected within criminal law. Based on the above consideration there are several problems to be formulated. These are what is the formulation policy of the available criminal law in overcoming the religious offense. And, how the formulation policy of criminal law in the future in overcoming of religious offense in terms of the renewal of criminal law in Indonesia ?. This research is an analytical descriptive research with normative juridical approach. The data is a secondary data derived from primary, secondary, and tertiary law materials that are obtained through bibliography and documentary studies from secondary data that have been analyzed. The research concluded that a criminal law that is currently used to overcome religious offense is Criminal Code (KUHP) but still with several weaknesses that this offense is considered as the crime over public interest. There is disharmony between status and explanation of offense by either text or formulation. The religious offense within Criminal Code concept 2005 is formulated as Criminal Act for religion and relating to either religion or religious life. The formulation of criminal law in the future should consider the integrating of religion offense in Criminal Code concept 2005 by considering several things as follows: 1). harmonization of criminal act matter, 2). formulation policy of criminal responsibility, and 3) formulation policy of criminal and criminalizing systems.Keywords : Formulation Policy, Religion Offense, and Law Renewal
IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY BY PT PERTAMINA (PERSERO) BRANCH OF BIMA Fitrah, Muhammad
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.243 KB) | DOI: 10.12345/ius.v3i8.212

Abstract

Indonesia is one of the countries in the world that obliged every corporation to reserve funds as Corporate Social Responsibility (CSR). It is explicitly regulated in Law Number 40 of 2007 concerning Limited Company, social and environment responsibility also obliged to the state companies (BUMN) which activities are in the field of natural resource exploitation. Pertamina as a National energy company with world class reputation holds commitment and concern toward CSR to contribute solving global issue related to sustainable development. Implementation of CSR by PT. Pertamina (Persero) branch Bima has not completely contributes positive value to community economic development, as the programs so far not provide sense of fairness yet to the community.Keywords: Corporate Social Responsibility, Pertamina
THE SIGNS OF THE ‘DEMISE’ OF INDONESIAN LAW SH, Sumaryati,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (230.568 KB) | DOI: 10.12345/ius.v1i3.245

Abstract

One of the purpose of the formulation and enactment of laws in Indonesian is to create of a peaceful, comfortable, orderly, and fair. Basically the purpose of the law can be approached from the essence of law . The essence of law or rules is to protect the rights of the community, and provide opportunities “more “ to the public . Thus the people who obey the law, their rights as citizens are protected and realized, as well as having the opportunity to be compared with other community members. Example, if the other party is not known, then the corruption, cheating can be done. If there is no police, the traffic violation can be done. As one consequence legal purposes not materialized in public life. Justice is still a very high value, well-being has not been felt by the majority of society , feeling comfortable, peaceful, and orderly atmosphere that is missed by the people. That there are signs of not implemented of rule or law. The signs of not implemented law, can be expressed as a sign of “ legal death “, in the sense that the law does not function in accordance with the function, role, and purpose . The application of the law in the reality of people’s lives , still formalistic, have not enactments expressly sanction yet, the judicial mafia. Those are phenomenal the “ death “ of law in the country of Indonesia.Keywords : Nature of law, causality of law, existence of legal, law enforcement

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