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Jurnal IUS (Kajian Hukum dan Keadilan)

IUS
Website

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 715 Documents

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THE PRACTICE of E-COMMERCE IS REGULATED UNDER LAW NUMBER 11 YEAR 2008 Ratnadewi, Ni Nyoman Ernita
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS

The practice of electronic commerce or e-commerce regulated under law number 11 of 2008 concerning electronic information and transaction and government regulation number 82 of 2012 concerning implementation of electronic system and transaction. This research armed to find out the practice of e-commerce transaction according to the law and to find out dispute settlement pattern of e-commerce transaction in Indonesia. The normative empirical research method is occupied in this research yet applying statute,Â conceptual and sociological approach the research result shown that implementation of electronic transactions are not fully accordance with the existing law and regulation therefore one side defaults are often occurs. Whereas dispute settlement holds the principle of lumping it,Â avoidance and negotiation.Keywords : Transaction,Â electronic contract

SYUROâ SYSTEM â IN THE ORGANIZATION OF THE ISLAMIC Imran, Muhammad
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

Syuroâ have meaning discussion to solve a problem. I. In the reign of Islam (Even Islamiyah) Syuroâ is an ideal system in administering Islamic Government in accordance with the law essentially i.e. the Qurâan and Al-Hadith.Â During the reign of Khulafa Rashideen Ur Syuroâ is the ideal cornerstone in determining a leader (Caliph), so also in the process of Division of power as well as other governmental processes.Â In the SyuroâÂ System also known power-sharing terms, before the concept of Trias Political Islamic Government had been born knowing and applying the concept of power-sharing. The Islamic Government in the Executive term known as Tanfidziyah, this institution was occupied by the Caliph, and the legislature is known by the term Tasyriâiyah the Agency is occupied by the SyuroâÂ Council â while the Qaadi or judges are in the position of the judiciary which is known by the term Qadaâiyah. In the implementation of the SyuroâÂ System â the reign of Islam also have one institution in a canal with Ahl Halli Wal Aqdhi i.e. the Group of scholars â who has the right lifting the Caliph and could also depose him based on the provisions of the Shariâah.Keywords: Syuroâ Ideal of the Islamic Foundation in the reign

LEGAL ASPECT OF THE SALE OF LAND CONSTITUTING REGIONAL ASSETS Suriadiata, Irpan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

The regulation that sets the position of the state in land management is very plural. The Such as regulation in the Netherland colonialism Colonialism era which put positioned the state as owner of the land under the principle of domein verklaring. In During the old regime, the principle of domein verklaring is no longer exist by the established of UUPA (Law of the land) where the principle of domein verklaring was abolished and stated as no longer valid. In the new regime, the UUPA was uphold but no longer became the basic regulation of land matters. and in In the reformation era although the UUPA is still existed but beside that, also there are specific Law that positioned the state/ regions as the land owner according to in accordance with the principle of domein verklaring principle. Basically the state/regions are not the owner of the land so they have no right to sale sell the land. Nevertheless, Even thought after the reformation era there are several law and regulation which allowing the region local government to sale sell the local government asset of land assets of the region. Thus, These such regulation has become the legal basic basis for the region local government to sale sell their land assets the asset of land as what has been done did by the government of west West Lombok region because the law basically did not allow the sate to sell the asset of land, the sale of land by the West Lombok Government is illegal.Keywords: Legal Aspects, The Sale of Land Assets of The Region

PENAL ACCOUNTABILITY OF SPENDING USER OFFICER/ SPENDING USER AUTHORITY (SUO/ SUA) IN THE GOVERNMENT PROCUREMENT OF GOODS AND SERVICES Assaori, M. Sofian
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

This research is a normative research, consider that this research heading off from statute analysis on the type of corruption. Corruption penal accountability and the position or personal indication of faults over governmentâs goods and services procurement, this research applying statutes, conceptual and case approach. According to research result, we may conclude that the corruption type that potentially conducted by SUO/ SUA are: against the law act, abuse of authority, bribes and gratification. Furthermore, personal faults generally may indicated by the containing of unlawful act (fault) in his personal deed, capable of being responsible, the absence of forgiveness and justification excuse. While particular indication such as unlawful act, abuse of authority and obligation neglected. Thereafter, indications of position fault are arbitrary of authority, violation on good governance principles and mal-procedure/ administration. Keywords: accountability, fault, corruption.

THE STATUS OF DEPUTY MINISTER WITHIN THE CIVIC SYSTEM OF REPUBLIC OF INDONESIA ,SH, Aidin
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS

Theoretically,Â the basic concept of the appointment of vise minister is to develop the effectiveness and efficiency of the execution of the state ministerial functions. In advance,Â the constitution of Indonesia did not recognize the existence of vise minister. According to the constitution,Â the highest official in the state ministerial is on minister as the assistance of president. Nevertheless,Â because of changes and complexity of state ministerial functions that it is considered necessary to appoint vise minister which is in charge to assist minister in performing his/her tasks and functions. It is a normative research. It uses both conceptual and statutory approach. It applies deductive method in analyzing research data. This research finds out that the authority of president to appoint vise minister has been stipulated in the Constitution of Republic of Indonesia of 1945 article 17 (1 and 2). In addition,Â the appointment of vice minister also refers to the Law Number 39 of 2008 on the state ministerial about vise minister. It stipulates that vise minister is in charge to assist minister and responsible to minister and his appointment is only relied on the political interest of president.Keyword: vice minister

THE GOVERNMENT CONTRACTUAL DISPUTE RESOLUTION TRUTH INTERNATIONAL COMMERCIAL ARBITRATION AND ITS PROBLEMS M. Yazid Fathoni2, Diangsa Wagian1
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

The research aims to study legal issues that appear within the government contractual disputeresolution through international commercial arbitration. The research is a legal normative.Therefore, it simultaneously applies to statute, conceptual, and case approaches. This literature research is conducted towards regulations, court decisions, legal books and legal journals that relate to the government contractual dispute resolution through international commercial arbitration. The results of the research elaborated in a descriptive and analytic way using qualitative methods to analyze the data. The research discovers that the presence of the government before the international commercial arbitration to settle disputes with foreign investors brought up some legal issues. Among others these are: a) state (government), through the law of limited company, this potentially reduces the jurisdiction of the ICSID Centre to settle foreign investment disputes between state and foreign investors; b) Courts as shown in some cases, block the enforcement of the foreign arbitration award which inflicts financial loss for state (government); c) the involvement of a state legal entity (state enterprise) ends in the engagement of state (government) as parties within the foreign investment dispute face to face with investors in front of a foreign justice court; and d) the unwillingness of state enterprise to perform the foreign arbitration award makes state assets overseas vulnerable to be confiscated by foreign investors as collateral in their claim for damages.Key Words: Government Contract, Contractual Dispute, Dispute Resolution, InternationalCommercial Arbitration.

THE DIMENSION OF THE CHANGE OF LAW VIEWED FROM THE PERSPECTIVE OF OPEN LEGAL SYSTEM Arif, Yuddin Chandra Nan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

Law, as an open system, is a sort of a breakthrough as a field of study, enabling the creation of tolerance with other elements, which are outside of its scope. Consequently, law becomes a domain studied by other disciplines in the multidisciplinary context. Based on the foregoing, the significance of law as an open domain lies in its ability to introduce flexibility in legal rules, the reflexibility of which, along with the parallel social changes taking place, are likely to result in a legal reality which is responsive to the existing social realities. Law, as a unit of norms dealing with the recht object, namely society, must be open to development at all times. Law should not be static at one point, thus causing the life of the community to become constant. Law will always follow the developments taking place in society.Â As a platform for fundamental change which can be simply explained in the context of legal change and social change created in the process of integrating the human agency (identity and regularities) and the process of social change into the legal analysis, in terms of substance, structure, culture or all of these three within the legal system.Â At the level of an open legal system, the factor of change, whether its intended purpose is to adjust to the norms, or not to adjust to the requirements set by norms, are two variable motives, whereby the role occupant (person addressed by the law) is not aware of the norms concerned, or he/she is aware of such norms, however they do not suit the determined objectives. Therefore, there is a great need for interaction between legal change and social change in the context of the national legal reform which genuinely puts forward Indonesian values.Keywords: Legal Change, Social Change, Open Legal System.

THE RESOLUTION OF THE CONFLICT BETWEEN FORESTRY WITH THE HOLDERS OF LAND RIGHTS IN THE AREA DESIGNATED AS FOREST AREA SEKAROH Subiarto, Catur Bowo
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

This research aims to analyse the settlement of the conflict between forestry with the holders of land rights in the area designated as forest area Sekaroh. The legal issues that arise in this research include:Â Â How the legal process of determination of Sekaroh area of forest as forest area remains, How Legal certainty of land rights owned by communities in the Sekaroh forest area and how conflict resolution efforts between the Department of Forestry with the holders of land rights in the area designated as forest area Sekaroh.Â This research is the study of normative empirical, with the results of the study it was concluded that the legal process is the determination of the area of forest as forest area remains with the appointment mechanism, structuring and defining the boundaries of the layout as a forest area.Â The legal certainty of land rights owned by communities in the Sekaroh forest area were in accordance with the procedure of registration of land so that the Land East Lombok Regency Office publishes 7 certificate in 2001-2002 as evidence of property rights of communities against the right.Â Settling the conflict between forestry with the holders of land rights in the area of the forest area is designated as Sekaroh has done with communication, coordination and mediation, the inception of the regulations together with four Ministers about the procedures for settlement of land ownership in the forest area is a concrete step in solving the land/land in forest areas.Keywords: Forest Area, The Rights of Land, Conflict Resolution

THE DISPUTE SETTLEMENT OF PROCUREMENT LAND DETERMINATION COMPENSATION (Study on the Law Number 2 Year 2012 on Land Procurement for Public Interest Development) ,SH, Hamdi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Procurement of land for development for common interest should be implemented based on the principles of humanity, expedience, certainty, transparency, agreement, participation, livelihoods, sustainable and alignment. With this principle is applied to the implementation of the land acquisition can minimized occurrence the conflict in land acquisition. Providing the compensation on holders of land rights is feasible and equitable, viable and feasible in terms of the amount of the gift means that holders of land rights do not feel forced to relinquish their land primarily used for the development interest based on respect on holder rights. Deliberation in the land acquisition done as much as possible and remain in a neutral position and remained on the same level and no one is feeling pressured or forced, perinsip respect for the holders of land rights set forth in the Acts Number 2 Year 2012 to provide the legal protection and in providing the compensation no cause the land rights holders no worse its condition than before the release of land rights. Keywords: compensation, land acquisition, public interest

DISPUTE SETTLEMENT AMONG â de Jure â and â defacto â HOLDERS IN LOCATION OF LAND CONSOLIDATION PROGRAMME IN MATARAM Harisandi, Lalu
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

One of the flagship programs Mataram city government is to consolidate land or land consolidation (LC) in the District Urban Village Karang Pule AmpenanÂ and now known as District of Sekarbela Mataram, West Nusa Tenggara province, but a lot of barriers in the implementation of the LC in particular that in respect of disputes between right holders âde jureâ with âde factoâ on the location of the land consolidation program in the city of Mataram so the need to understand it dispute settlement patterns. Therefore, it is necessary to formulate some of the problems that is what caused the dispute between the holder of the rights de jure with de facto on the location of the land consolidation program in the city of Mataram and how the dispute resolution procedure between the holders of rights with mastery on the location of the land consolidation program in the city of Mataram and how legally enforceable dispute resolution between rights holders with mastery on the location of the land consolidation program in the city of Mataram. In reviewing these problems, the method used is empirical law research . To the implementation stages of land consolidation in the Karang Pule , some dispute arises which is caused by factors judicial and non- judicial . Therefore , in order to accelerate the settlement of land disputes occurring in Indonesia is no exception caused in the execution Consolidation of land , the government issued a Head of BPN Regulation No. 3 Year 2011 on the Management of the Assessment and Management of Land Case. Therefore , the authors concluded that the causes of the Land Consolidation Land Dispute attractions in the region Karang Pule caused two factors namely factor juridical and non - juridical factors which then need to be resolved mechanism as KBPN Regulation No. 3 of 2011 on the Management Assessment and Handling of Cases land and article 6 paragraph ( 7 ) of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution . From this conclusion , the authors suggest Activity Land Consolidation should be disseminated as early as possible and the government has to actually run the mechanism that has been set under the terms of legislation in accordance with KBPN Regulation No. 3 of 2011 and Revive the court reform .Keywords : Dispute, Defacto and Dejure Holders, Land Consolidation

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