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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
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Articles 702 Documents
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IUS Constituendum of Suistainable Agricultural Policy: The Aftermath of Job Creation Act Ermanto Fahamsyah; Ruetaitip Chansrakaeo
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1091

Abstract

Agriculture is an important aspect of the life of the Indonesian people. Apart from being a commodity, agriculture is also a part of Indonesian people’s lives. In this case, the state needs to enact legal policies related to sustainable agriculture. This study seeks to discuss legal issues in the form of legal disharmony related to sustainable agricultural legal policies. This research is normative legal research. The study results confirm that the disharmony of legal policies related to Sustainable Agriculture has only become a “paper tiger,” which means that the rules exist but cannot be implemented because they do not have to implement regulations, so they are difficult to implement. That happens because the respective laws, particularly those related to sustainable agricultural cultivation systems and job creation, which substantially regulate sustainable agriculture, do not refer to each other. That impacts the lack of coordination and horizontal harmonization between fellow laws that substantially regulate sustainable agriculture. Harmonization is also not carried out vertically between Laws and Government Regulations. That occurs when Government Regulations relating to the administration of the agricultural sector do not refer to and harmonize vertically with the Law relating to sustainable agricultural cultivation systems. The results of this study also suggest that in the future, the government, in this case, needs to revise the Government Regulations relating to the implementation of the agricultural sector by incorporating the substance of the Sustainable Agriculture policy as well as being more thorough in harmonizing both vertically and horizontally in drafting legislation.
The Overplay Functions and Authority of The Sea Security Board (Bakamla) and The Sea and Coast Guard in Keeping Marine Security in Indonesia Suparto Suparto; Admiral Admiral
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 2: August 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i2.999

Abstract

Indonesia is a maritime country with a wide ocean. Geopolitically, Indonesia’s position is an international shipping lane. Therefore, it is necessary to have an institution that has the duty and authority to maintain sea and coastal security and shipping safety. The formulation of the problem is how the functions and authorities of the Sea and Coast Guard (SCG) and the Maritime Security Agency (Bakamla) are in guarding Indonesian seas. The research method used a normative juridical approach with secondary data and analyzed descriptively qualitatively. There are two overlapping institutions in carrying out their duties and functions, namely SCG which is regulated in Law No. Year 2008 concerning Shipping and Bakamla which is regulated under the Law No. 32 Year 2014 concerning Marine Affairs. The government intends that maritime security in Indonesia to be handled by the military, not civilians. This can be seen that the chairman of Bakamla is held by a general from the Indonesian Navy and is responsible to the President through the Coordinating Minister for Political, Legal and Security Affairs. While in Law No. 17 Year 2008 stipulates that SCG is under the Ministry of Transportation and is responsible to the President. Bakamla is more appropriate to be used as SCG, this is based on the consideration that Indonesia is a maritime country with wide seas with all its problems such as narcotics trafficking, human trafficking, terrorism, theft of marine resources, etc., so it would be more appropriate to submit it to Bakamla as a semi-official institution. military. As a consequence of this choice, it is necessary to revise Law No. 17 Year 2008 and Law No. 32 Year 2014.
Legal Functionalization of Integrated Service Institutions Empowering Women and Children (P2TP2A) In the Prevention, Handling, And Assistance of Victims of Violence Against Women And Children in The Cianjur Regency Mia Amalia; Nahknur Wudhi Ainnaiha; Arti Aneja; Ibrahim Sule
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 2: August 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i2.973

Abstract

The eradication of violence against women and children is one of the benchmarks for the success of regional development. Many cases of violence can be handled by the government, which is represented by the Integrated Service Center for the Empowerment of Women and Children (abbreviated: P2TP2A). The purpose of this study is to analyze how the tasks, functions, and obstacles faced by P2TP2A Cianjur Regency, as an institution appointed by the local government in the prevention and prosecution of women and children who are victims of violence in Cianjur Regency and the efforts made by the local government to support P2TP2A, to be used as an evaluation to be even better in its functionalization. The method in this study uses a normative juridical and sociological juridical approach with descriptive research specifications. It uses data analysis, namely qualitative normative analysis, in that the data obtained will be arranged systematically for further qualitative analysis. Based on the results of this study, it is known that there are rampant cases of violence against women and children as victims in the Cianjur Regency. To overcome this, P2TP2A Cianjur Regency provides services for victims, including prevention programs and enforcement programs (curative and rehabilitative). The enforcement program here focuses on assisting victims, where there are three types of assistance: medical help, psychological juridical aid, and service. In implementing these programs, several obstacles were found that became obstacles that must be resolved immediately. One of them is the low level of attention and commitment of the Cianjur Regency Government in supporting the implementation of P2TP2A programs both materially and immaterially.
The Problems and Forthcoming Ideal Concepts of Employment Social Security: An Indonesia’s Perspective as a Welfare State Nyoman Satyayudha Dananjaya; Anak Agung Gede Duwira Hadi Santosa; Kadek Agus Sudiarawan; Made Dwita Martha
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1068

Abstract

The Procedures and Requirements for Payment of Old Age Security stated that the benefits of Old Age Security at the Institution of Social Security Employment can only be taken when workers enter retirement or at the age of 56 years, which elicits opposition reactions from various parties. The focus of this research was conducted to examine and criticize whether the Old Age Security (OAS) and Job Loss Guarantee (JLG) policies for workers who have been terminated have reflected the conception of an Indonesian welfare state that is socially just for all Indonesians, as well as to find out how the future concept (Ius Constituendum) of OAS and JLG for workers reflects the welfare state for social justice. A statutory and conceptual approach are used to support the type of normative legal research in this research. The results of the study indicate that the OAS and JLG policies have not described the concept of an Indonesian welfare state with social justice. To describe the OAS and JLG policies that reflect the welfare state, future policies must still provide convenience for workers to receive OAS benefits and continue to carry out OAS benefits.
Settlement of Juvenile Offenders Based on Restorative Justice Syafruddin Syafruddin
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1018

Abstract

The establishment of Law No. 11/2012 was a government strategy for dealing with children as offenders and victims of crime. Despite juvenile criminal justice in place, society often stigmatizes child offenders. This study explores the use of restorative justice for children who have committed crimes. The normative method was used for a descriptive analysis of both statutory and case law. The findings showed that relying only on Law No. 11/2012 is not sufficient because each enforcement officer interprets it differently, necessitating the issuance of supporting regulations such as SE Kapolri No. SE/8/VII/2018, Prosecutor’s Office Regulation No. 15/2020, and PERMA No. 4/2014. To be held liable for one’s actions, as set out in Law no. 11/2012, a person must have both the intention to commit a crime and be aware that it will have a direct result in causing injury or physical harm to another person. Restorative justice is often seen as a more appropriate way to handle criminal acts involving children aged 8 and 13 years. At this age, children are still learning and trying to understand what is good and evil, which can lead them to behave in undesirable ways.
Effectiveness of Islamic Law in Protecting The Copyright of Indigenous Peoples of Indonesia in The Form of Traditional Knowledge & Traditional Cultural Expressions Baiq Ratna Mulhimmah; Ridwan Olagunju
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1141

Abstract

Copyright Protection of Indonesian Indigenous Peoples in the form of Traditional Knowledge (TK) &Traditional Cultural Expression (TCE) currently does not meet the sense of justice. The state is obliged to provide comprehensive protections capable of guarding the rights of Indigenous peoples under an adequate legal umbrella. Because the existence of Indigenous peoples, along with copyrights in the form of TK & TCE is part of the wealth and identity of the nation, this research focuses on how the view of Islamic law (Legal Opinion of Indonesian Ulama Council No.1 of 2003 concerning Copyright and Legal Opinion Of Indonesian Ulama Council No.1 of 2005 concerning Intelectual Property Right) with the maqasid al Shari’ah approach in protecting the rights of indigenous peoples. Islamic law is one of the secondary legal materials in determining state law and is expected to strengthen in providing solutions to this problem. The research method is normative with a concept and case approach to conclude that Islamic law (legal Opinion Of Indonesian Ulama Council) with the Maqasid al Shari’ah approach in protecting Traditional Knowledge (TK) &Traditional Cultural Expression (TCE) is a must. This is based on an obligation order covering several matters, including; the protection of life and hifzul nafsi/hifzul ‘irdhi, protection of reason (hifzul aqli), and protection of property (hifzul maal).
The Implementation of Notary Inclusive Rights in The Frame of Law Enforcement As a Public Official Ikhsan Lubis; Taufik Siregar; Ismail Koto; Ruetaitip Chansrakaeo; Duma Indah Sari Lubis
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1160

Abstract

This article aims to describe the implementation of a notary’s inclusive rights within the framework of carrying out his duties as a public official. The granting of attribution authority to a notary as a public official is a special assignment that is intentionally made based on laws and regulations with certain roles, functions, and authorities to provide legal services (law enforcement) to the public who need authentic written evidence and the other civil laws authorities, along with inclusive legal protection in the enforcement of duties of a notary. The research method used is juridical normative, in which analyzing a legal event occur and followed by the comparative study between the legal source material and the legal rules that govern it in practice. This study aims to find out what, how, and why the position of a notary is attached to inclusive rights in terms of various legal aspects according to the research topic. The results showed that the form of legal protection that is inclusive of notaries as general officials have been sufficiently regulated in the constitution of the Notary Commission as well as the right to disobey and the obligation to disobey notaries. In addition, the existence of the Notary Honorary Council as a tool for the organization of the Indonesian Notary Association as well as the Notary Supervisory Board and the Notary Honorary Council has strengthened the position of an inclusive notary through preventive measures in the context of fostering and supervising the ethics of notary behavior and the practice of carrying out the duties of the notary commission under the rules in UUJN and UUJN-P.
The Comparative Law on the Distribution of Power in the 1945 Constitution of the Republic of Indonesia and the Constitution of the Republic Timor Leste I Nyoman Prabu Buana Rumiartha; Ni Luh Gede Astariyani; Armindo Moniz Amaral
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1134

Abstract

The research purposes is to explain the comparison of the legal division of powers in the constitution in the 1945 Constitution of the Republic of Indonesia and in the Constitution of the Republic Democratic Timor Leste. The division of powers within a country, both in Indonesia and in Timor Leste, are stipulates in a constitution, in this case a state that protects and guarantees the implementation of human rights and other civil rights and limits its powers in a balanced manner between the interests of state administrators and their citizens. The research method used in this study was normative legal research. In addition, this research also applied comparative legal research method is a research methodology carried out by comparing one legal system to another, an activity in which experts compare the positive legal system of a nation to that of other nations. In this case, legal comparison of Indonesia and Timor Leste. The novelty of this research is to examine and analyze comparative law on the distribution of power in the constitutions of Indonesia and Timor Leste, it can be explained that there is a difference in the division of power. In Indonesia there is constitutive power, executive power, legislative power, judicial power, examining/inspective power, and monetary power, while in Timor Leste it is based on the constitution of the Democratic Republic of Timor Leste division of power consisting of the power of the president, the power of the national parliament, the power of the government and the power of the court.
Problematic of Implementation of Electronic GMS on Deeds Made by Notaries Absori Absori; Aidul Fitriciada Azhari; Kelik Wardiono; Syifa Rana Tsary; Silaas Oghenemaro Emovwodo
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1106

Abstract

The study reviewed the development of the digital era in the legal field, especially The Electronic General Meeting of Shareholders (GMS), which is ruled by law. The problem formulation was how the electronic GMS, according to positive law in Indonesia, and how the impact on the notarial deed related to its implementation. The method used by the researcher was normative and library study based on the primary material (legislation), secondary material (scientific works, journals, books, documents, and other literature), and tertiary legal materials (legal dictionaries). The study results were that E-GMS is effective today, then regulated in Art 77 UUPT and PJOK Number 16/Pojk.04/2020, so that the Limited Liability Company members can carry out the GMS as usual without being physically present to break the chain of the Covid-19 pandemic. Although the e-GMS arrangements have been regulated in the legislation, the lex specialist derogat lex generalist principle cannot be ignored; article 16 paragraph (1) letter (m) and Article 18 UUJN are still prioritized so that the electronic deed of the GMS cannot be carried out or will resulting in the legal force of the proof being a private deed.
Implications of the Constitutional Court Decision Number 91/Puu-Xviii/2020 Toward Job Creation Law in The Mineral and Coal Mining Sector Lelisari Lelisari; Ridho Aulia Tanjung; Zainal Abidin Pakpahan; Imawanto Imawanto; Hamdi Hamdi
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1132

Abstract

This study aims to analyze and examine the juridical implications of the decision of Constitutional Court Number 91/PUU XVII/2020 on the job creation law in the mineral and coal mining sector. The research method used is a normative legal research method with approach legislation. The results illustrate that the juridical implication of the Job Creation Act in the mineral and coal mining sector is that in its decision the Constitutional Court stated that the Job Creation Act was still valid as long as the law-makers made improvements in the procedures for establishing Job Creation Law. In this case, the Constitutional Court has given two years for the legislators to revise the procedure for the formation of the Job Creation Law since the decision was pronounced. If no improvements are made, the Law can be declared unconstitutional permanently. Thus, if Law Number 11 of 2020 concerning job creation is unconstitutional, namely permanently removing coal incentive opportunities, the elimination of coal incentive opportunities must indeed be carried out due to the targets of coal utilization in Article 128A, not power optimization towards clean energy and will increase the portion of coal in the national energy mix and overall will systematically overlap with climate adaptation and mitigation targets and programs as well as the Articles in the Job Creation Act are also infiltrated by the interests of mining and dirty energy businesses.

Page 51 of 71 | Total Record : 702

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