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Jurnal IUS (Kajian Hukum dan Keadilan)

IUS
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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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THE IDENTICAL VALUE BETWEEN CONSTITUTION AND CONSTITUTIONAL LAW IN THE CONSTITUTIONAL SYSTEM Munir, Sirajul
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS

The views of constitutional experts in modern government,Â there are three very important elements of the principles of government power in a country,Â namely the principles of the rights of citizens and the principle of the relationship between citizens and government,Â as well as the principles of governmental power (the principles According To the Government). This is described in the constitution to whom powers of state organizer submitted,Â whether the power will be given to the one hand/ institution or given to several State institutions who run these power. The principles of the rights of citizens (The Principles According to The Rights of The governed),Â in principle rights owned of citizen an integral part to be valued/ respected by a ruler. Then the principles of the relationship between citizens and government (The Principles According to the Relations Between The Government and The Governed),Â In these principle should be known of each rights and obligations between the citizens and government. Besides,Â the Constitution understood as a term to describe the overall system of Government of a country,Â as well as a collection of rules that establish and regulate or define Government in the country concerned. Thus encountered a two-dimensional understanding given as follows: first,Â the Constitution is the overall picture of the system of Government in a country (The Whole System of Government A Country) that the Constitution describes whether the form of State and system of Government in use. Second,Â the Constitution is a set of rules that establish and govern a countryâs Government (The Collection Of Rules Which Regulate or Establish and Govern The Government) it means in this second dimension,Â the Constitution is a set of rules about how the implementation of the overall system of Government of a country and a set of rules as the basis for the Division of power between the institutions of the State,Â the both dimension is a unity in the sense of the constitution or basic laws.Keyword: The Indonesian government system constitution is identical

AUTHORITY OF THE BUSINESS COMPETITION SUPERVISORY COMMISSION (KPPU) IN CASE MANAGEMENT COMPETITION (STUDIES COMPARATIVE IN INDONESIA BY COMMON LAW SYSTEM COUNTRIES) Sapitri, Baiq Ervinna
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

Each state is required to have regulations governing the activities of the market and establish a special commission to oversee and prevent unhealthy competition, such as in Indonesia with the Act No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Competition, in the form of a special commission that is KPPU. The Commission is authorized to conduct research and investigations, but the Commission does not have the authority to conduct a search on their own. Different than the institutions like in some common law countries have independent authority conducting the search.Keywords: Authority, KPPU, Common Law Countries

THE ROLE OF BANK GUARANTY IN CONSTRUCTION CONTRACTS BETWEEN THE GOVERNMENT AND CONTRACTORS Mulada, Diman Ade
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

In government project, to guarantee the assignor (government) to acquire theÂ project finished on the time and quality promised by the contractor, it required a guaranteeÂ of the contractor for the government as mentioned in Article no 67 paragraph (1) of Presidential Decree No. 54 of 2010 concerning the Procurement of Goods / Services.Â One of the guarantees often used by contractors isÂ a guarantee bank. In the implementation of aÂ contract between the government and contractors who use the guarantee bank, they must go through some steps.. First stage is the preparation for the selection of the construction work, and the second stage is to carry out the selection of construction work, in which the contractor must submit a tender guarantee of bank guarantee.Â The third stage is the signing of the contract, in which the contractor must submit a bank guarantee of warranty execution and the fourth stage is the execution of contracts where the contractor must submit a bank guarantee of an advance money if the contractor will take an advance money and submit a bank guarantee of a maintenance warranties when the contractor has completed the work.Â When a default happened by either party, the solution is as follows.Â If relatedÂ to the contracts, the problem is solved through a discussion, and then if no way out, the problem may be solved through arbitration or courts. In relation to the bank guarantee, if a default happened by the contractor,Â the solution is by deliberation between the bank and the contractor inÂ order that the contractor complete the arrears, however, if the contractor has no intention to complete the arrears, the bankÂ may issue a maximum of three (3) warning letters. Moreover, if the bank has issued three warning letter sand the contractor still does not respond, then the bank will make disbursements against opponents guarantees that have been submitted by the contractor.Keywords: Bank Guarantee, Contraction Contract.

DEFAMATION UNDER THE LAW NUMBER 11 OF 2008 ON INFORMATION AND ELECTRONIC TRANSACTION Ramadhan, Anna Rahmania
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

In Indonesiaâs criminal law act, a deed of defamation also called as an insolence or sacrilege toward a person. According to Article 27 Paragraph (3) Law Number 11 of 2008 concerning Electronic information and transaction (EIT), the acts of defamation includes distribution, transmission and production of accessible electronic information. Article 27 Paragraph (3) of EIT law was implemented on defamation case which conducted by Prita Mulyasari where she was pleaded innocence by board of judges. Whereas in another similar case the defendant namely Farah, was already meet the substance of Article 17 Paragraph (3) of EIT law yet sued by Article 310 and 311 of Criminal Law Act by prosecutor in the trial. Therefore, there were indications of law miss-implementation in similar cases.Keywords: Criminal law, Defamation.

THE POSITION AND AUTHORITY OF CONSTITUTIONAL COURT IN CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA Basniwati, AD.
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS

According to institutional or organization system the existence of constitutional court as one of judicial body is not a subordinate of supreme courts other judicial body. This is mean; there are dual highest judicial body among judicial authorities,Â which are the supreme court and constitutional court. The arising problem is related to the function and position of constitutional courtÂ in constitutional system of the people of Indonesia. Standing position of constitutional court as a highest judicial body implicates to the Supreme Court. WhereÂ before the formation of constitutional court,Â supreme court was the highest judicial body which coordinates all judicial power,Â afterward,Â there is one judicial body which stand equally to it,Â that is constitutional court. Moreover,Â through its constitutional authority.Â constitutional court hold the authority implementation of Supreme Court to examine regulation which hierarchy level lower than the law against the valid law.Keywords : Constitutional court

PLURALITY OF SHARIAH BANKING DISPUTE SETTLEMENT METHOD IN INDONESIA ,SH, Fatahullah
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Shariah banking is a business institution that conducts intermediary function or an agentbetween capital/money-owner and customers requiring capital for financing activities. In theimplementation of that function, potential conflict or dispute with the customer may occur andto overcome such dispute, a set of settlement method is required. The Article 55 of Law Number 21 of 2008 concerning Shariah Banking provides options for dispute settlement namely litigation or religious court and extrajudicial (non-litigation) based on the agreement of both parties. The settlement via the religious court is authorized by the law and set forth under Article 49 of Law Number 3 of 2006 concerning the absolute authority of the religious court to investigate, decide and settle Shariah Banking dispute. Whereas, non-litigation method is also regulated in Law Number 30 of 1999 concerning Arbitration and Dispute Settlement Alternatives whose rulings are final and binding. This model of settlement may be carried out through Deliberation, Banking Mediation or the National Shariah Arbitration Body depending on the contract and agreement entered into by both parties. Principally, religious court does not hold the authority to investigate any case that contain arbitration clause. However, the absolute authority will apply when the parties request it through their actual appearance before the court that it automatically nullifies the arbitration clause.Keywords: Shariah Banking, Dispute, Litigation, Religious Court and Non-Litigation

THE EXISTENCE OF DRUWE CUSTOMARY LAND VIEWED FROM THE PERSPECTIVE OF NATIONAL LAND LAW Suwanda, I Wayan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The function of land is not just limited to the composition of the product tools, social asset and capital asset, politics, culture, but also about values and meaningful religious. Therefore, the land is in related directly with humans that gave birth to the concept of ownership since long time ago up to now according to the customary law. The history of druwe land in the beginning is belonged to the Kingâs authority with the status of âDruwe Dalemâ and possession of the royal dignitaries such as royalty and the retainer with the ownership right status of âDruwe Jabaâ. In Lombok, such as in Mataram and West Lombok until now its existence is still recognized by the people of Balinese people that are hereditary lived in Lombok. Authors interested in highlighting the existence of customary law as the basis of the land law provisions in Indonesia. When examined customary law that grow in Indonesia have diversity (pluralism of law). This will affect the color and resolution of various land cases in the country. There are a few theories that I use such as Emile Durkheim, that determine the law as the social morality, then Ehrlich introduce the types called Entscheidungnormen (norms of decision), and the theory of legal protection for the people by Philip M Hadjon. The approach used is a conceptual approach, and statute approach Keywords: Indigenous, Land of Druwe

LEGAL PROTECTION FOR PLANTATION LAND USE STUDY OF ÂCONFLICT BETWEEN THE CENTRAL LOMBOK WITH PT. PERKEBUNAN KOPI TRESNO ÂKENANGAN Giri, I Nyoman Nelson
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

Legal issues under discussion in this thesis is a dispute between the company PT. Perkebunan Kopi Tresno ÂKenangan Central Lombok district caused by the differences of perception with regard to the implementation of normative law against land use policies for the development of the plantation business.Â How is the legal basis for guiding set of government policy in providing recommendations leasehold estate and for plantation companies in Central Lombok district, as well as how its safeguards. The author uses a normative legal research methods using a conceptual approach, legislation, and analytical approach, with the legal basis establishes guiding government policy in providing recommendations leasehold estates, such as: the 1945 Constitution, laws and legislation, Legislation with regard to agrarian resources, specifically land and other legislation relating to local government authorities as well as the terms and mechanisms of extension and renewal of the concession.With regard to the extension and renewal of the concession found this blurring of norms in childbirth which is very detrimental between them by letting the residents into the area of farmland. The absence of legal protection for the company from any conflict of norms in the form of wrong policy of the government of Central Lombok regency.Key Words : The right to the business, , Legal Protection

LEGAL ASSISTANCE IS NOT JUST PRO BONO PUBLICO WORK BUT IT IS A RESPONSIBILITY OF AN ADVOCATE Utari, Bq. Ishariaty Wika
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Legal assistance free of charge is the right for the poor to get a plea of an advocate or public defender who works for a legal assistance organization. The principle of equality before the law is guaranteed in the Indonesian legal system for recognition of individual rights. If there is no equality before the law, individual rights was actually absolutely nothing. There is no exception for the equality before the law such as occupation, position, background, origin, immunity, socio-economic strata, rich-poor, race, ethnicity, color, ancestry, culture and others. Legal obligation is the responsibility of an advocate to provide legal assistance free of charge, especially belonging to the client who can not afford the lawyer fees. In countries where the law has been advanced democracies, legal assistance free of charge to the poor is no longer the mercy of the lawyers, but has become a society where the rights of the lawyers are . It has been a consequence of the existence to advocate in the midst of the poor, but have started to realize their rights.Key word: legal assistance for the poor

LAND REDISTRIBUTION OF THE OBJECT LANDREFORM IN SUPPORT PROGRAM REFORMA AGRARIAAGRARIAN REFORM PROGRAMME IN THE DISTRICT SUMBAWA SH, Sapriadi,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

This study aimed is to analyze the State Land Redistribution of land reform places in Sumbawa. Legal issues that arose in this research are How will is the regulation ofÂ landreform in Indonesia in accordance with the Basic Agrarian Law No. 5 of 1960 and Law No. 56 Year 1960 jo Government Regulation No. 224 of 1961, whether the Act is still relevant implemented and how its implementation in the field today. This study is a normative legal empirical research based on the consideration that it originated from the analysis of the implementation of the redistribution of land by the Government (BPN) in Sumbawa where land reform is made the object belongs to the people themselves who ruled for a long time and worked hereditary. The approaches used are statue approach of legislation, conceptual approaches, analytical approach and the approach sociological approach. The legal materials Data analysed with techniques and legal materials in a systematic way in which the data that have been collected are then analyzed by qualitatively descriptive way to explain, describe, and analyzed existing data on the implementation of land redistribution and land reform object associated with the study of literature that consists of data in the form of documents that have been collected. Based on the results of this study concluded, that the setting of land reform in Indonesia is quite adequate, but the implementation of the program turned out to be having some problems. Basically these obstacles are political, especially relating to the situation of political life, as it also in the New Order era a change-oriented development strategy on growth development. In this case even though the provisions of the land reform is still valid but the implementation has not correspond to the actual desired, besides the vague legal norms in interpreting the regulations implementing land redistribution of object land reform because the mechanisms and procedures in defining landsÂ made the object of reform is not appropriate with Government Regulation Number 224 in 1961. Thus the object of state land redistribution reform in Sumbawa ineffective in practice. practice ineffectivelyKeywords: Land reform is land for farmers.

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