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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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STUDYING TO PROTECT AND MANAGE ENVIRONMENT IN MATARAM TOWN Sosman, Arya
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS

In Environment and room design are two things are different but it has iteralated each other room designing is the instrument for all development the activities which is affiaring of over on mean that is very high risk lately. Indonesian government through the institution No. 32 in 2009,Â that is about PPLH was included the principle of international agreement,Â beside that the institution No. 26Â in 2007 about room designing which have a lot of contribution on room designing that it could be avoided the environment crush,Â the local rules No. 12 in 2011 about RT, RW of Mataram town as the key of the room designing implementation with the theoretically mustÂ be synchronised with the both of institution above. Beside that the local rules of RT, RW Mataram town must be harmonized with local rules which the related to the local rules of the environments formula of the problem which is proposed are: 1. How are the synchronised and harmonizations between local rules of RTRW Mataram town with UUPLH and Mataram town rules environment. 2. How is implementation of local rules of RTRW Mataram town particularly related to environments. This research is used normative-empiric approaches. This research ued turn (Stufen bau Theory),Â autority theory,Â low invorsment theory,Â normally theory and effectively theory and also supported by material low citizen and welfare theory. Based on the analyses,Â researcher concluded that there is existent in insincronisation between local rules no 12 in 2011 about RTRW Mataram town with the local rules No. 3 in 2010 about RTRW west Nusa Tenggara province on RT H. Also between local rules No. 5 in 2014 about UKL/UPL were disharmony. Otherwise if it is reviewed intensively between local rules RTRW ofÂ Mataram town with the institution No. 32 in 2009 about PPLH and institution No. 26 in 2007 about room designingÂ were existed synchronized of all principle,Â purposes philosophy and disubstancial of rules. Means while,Â the implementation of local rules of RTRW Mataram town can be concluded a part of local rules was implemented. It was accurate because there is no local rules on RDTRK. The government of Mataram town is just now meet the target of RTH about 1.606, 51 hectare or about 26.86 percent from 1.839 hectar (30%). In order to meet the target the government of Mataram town do some programs such as âgreen cityâ,Â etc.Key Words: Protection and Managing of Environment,Â Room Designing Mataram Town.

PEMBUKTIAN TERBALIK DALAM PEMERIKSAAN TINDAK PIDANA KORUPSI DI INDONESIA SH, Nurhayani,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

The number of cases of corruption have led to public distrust of the legal and criminal justice system. One of the verification system in case of corruption is reversed burden of proof. This study aimed to analyze the reversed burden of proof in terms of what is charged to the defendant in a corruption case, analyzing the application of reversed burden of proof in cases of corruption and constraints. This thesis research type is research of normative law. The theory used is the theory of law enforcement, evidence theory, the theory of justice. Results of the research that has been done is reversed burden of proof in cases of corruption applied to bribery accept gratuities worth 10 million upwards and towards proving property belonging to the defendant who has not been charged but allegedly derived from criminal acts of corruption as well as the adoption of reverse authentication is done by the judge ordered the defendant to prove that his property obtained legally. Barriers to implementation of proof in terms of the substance of the law is still weak because it is still limited to the recognition of rights of the accused but not the obligation defendant to prove the upside, in terms of legal culture is still dominant prosecution to prove the charges.Keywords: Evidence upside, Inspection, corruption

THE IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY (CSR) IN PRIVATELY OWNED COMPANIES Rahdian Ihsan, Lelisari Siregar &
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

Corporate Social Responsibility (CSR) has become a global issue; however, no definition of CSR is globally accepted. In Indonesia, the concept of CSR is getting stronger, especially after being firmly mentioned in the Law Number 40 of 2007 concerning on the Limited Liability Companies and the Acts Number 25 of 2007 on Investment. In recent years, some companies have implemented the CSR, including in West Lombok. In this case, the success of local government in in improving the prosperity ofÂ the community can only be achieved if all community components take a part, including the companies operating in the region. The application of CSR in the private company in West Lombok especiallyÂ the Company of legal entity (PT) is referred to the NTB Provincial Regulation Number 6 of 2012 concerningÂ on Environment and Social Responsibility of the Company as mentioned in Article 10. The programs include community development and partnership programs for micro, small business and cooperation, and programs that areÂ directly-related to the public. However, the application is only dominant in the program that is directly-related to the public such as grants, subsidies, social assistance. The CSR programs have not been made to support community development and partnership programs for micro, small and medium enterprises. A non-incorporated company maybe referred to the Law Number 25 article 15 of 2007 concerning Investment Keywords: CSR, Implementation, Private Companies

STRATEGIC OF EMPOWERING GREEN INVESTMENT REGIME THROUGH DEVELOPING POTENTIAL OF MARINE TOURISM IN WEST NUSA TENGGARA PROVINCE SH, Nurasmah,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

The objective of the research is to know and to analizy the existence ofÂ green investment regime through developing of the marine tourism in Indonesia, especially in Lombok; optimalized strategic and institution role for green investment; and to integrated of the sustainable regulation for green investment. The typical of the research is normative â empirical study. The approaches that used in this research are conceptual approach, statute approach and empirical approach as a supportedÂ approach. The result of the research shows that, first, conceptually, green investment regime is a part of green economy as a mainstream to develop investment especially in developing of marine tourism. Second, the strategic to optimalyze institution for green investment could be implemented through the general and special strategic. At the local level, the strategic of institutional empowering could be implemented by empowering of region resources management and social, economic and culture empowering. Third, internalization of the economic instrument aspect in to environmental management aspect could be follow by the green economic, so as the regulation of the investment priority not only economic oriented but also considerÂ environment aspect. The recomendations that can be proposed based on research result are , first, green investment regime is an ideal concept should be necessary embodying in investment practice in local area. It means that all of stakeholder required a good perception and understanding related to investment activity in local area. Second, it needs clarity strategic, program and the output must be concrete and the operational related to the management design to develop marine tourism in Lombok. Third, in order to create an optimal strategy, an effective and efficent development of Green Investmen,t its required a legal regulation in form of local government regulation on Marine Investment. Â Keywords: Green Investment, Marine Tourism.

FIT AND PROPER TEST FOR PUBLIC THE OFFICIALS CANDIDATE PERSPECTIVE ON CONSTITUTIONAL ASPECTS Pawana, I Ketut Bayu
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS

Constitution Amendments in 1999-2002,Â significantly changing the constitutional system of Indonesia. OneÂ of amendments aspect in constitution that is more empowering Parliament functions,Â beside their main function there is a newÂ parliament authority that is involvement in the determination of public officials. Such Involvement is limited by the authority of âelectionâ and âconsentâ. In fact,Â the Law Number 3 Year 2009 on the Supreme Court and the Law Number 18 Year 2011 on the Judicial Commission setting upÂ the two forms of authority of the House of Representatives that is âchoosingâ to the fit and proper test mechanisms. The emergence acted upon the authority of the House of Representatives for the fit and proper test for public officer candidate constituted by the strengthening of the role and functions of Parliament are given by the Constitution,Â mechanism of checks and balances that govern the relationship between the state institutions are equal and mutually control each other. Fit and proper test is the determination mechanism of public officials by the House of Representatives. However,Â the suitability of the authority of Parliament to implement fit and proper tests of public officials candidate of the Constitution of 1945 stipulated NRI deviant or contrary to Law Number 3 Year 2009 on the Supreme Court and the Law Number 18 Year 2011. Constitution mandate only on the authority to give consent butÂ by Law Number 18 Year 2011 and Law Number 3 Year 2009 is lead up to the authority to choose by fit and proper test mechanism.Keywords: Authority Parliament and Fit and Proper Test

THE CONCEPT OF JUSTICE IN THE MANAGEMENT AND UTILIZATION OF NATURAL RESOURCES BASED ON THE 1960 BASIC AGRARIAN LAW Fathoni, M. Yazid
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The Agrarian Law of 1960 isÂ basic rule for managing and exploiting natural resourcesÂ in Indonesian which one itâs aim is to create justice to both state andÂ citizen. Even though justice has beenÂ established as itâs aim, but still the justice as stipulated in Agrarian Law of 1960 is unclear such as itâs definition, standing and position, function, as well as itâs profile and character. Such vagueness impacts on variety of things including the final purpose to which the law directs. Nevertheless, theoretically, the justice on the perspective of Agrarian Law of 1960 is relatively closer to utilitarianism theory has i.e. to create the happiness and welfare for the greatest number of Indonesian people. Finally, according to utilitarianism perspective, the happiness and welfare supposes to be enjoyed and possessedÂ by every body, or if it canât be realized,Â at least by the greatest number of people. Â Keywords: Natural Resources, Managing,Â Justice

THE IMPLEMENTATION OF JUSTICE PRINCIPLE WITHIN THE LAND PROCUREMENT FOR PUBLIC UTILITIES CONSTRUCTION SH, Sahnan,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

The Indonesiaâs population growth and development increasing makes all parties, in the reality, need more land, especially for government. Land procurement for public utilities construction usually have a problem, because on the process we rarely meet easy process or easy getting deal between landowner and government, or other parties who needs the land.Â This occurs because is difficult getting deal between government and landowner about compensation. Justice principle implementation sometimes violated and take it for granted by government or other parties who need the land. The landowner usually assumes total compensation they accept tends not give fairness. This research have purpose as follows (1) To enquiry and analyze justice principle implementation of land procurement for public utilities construction, and (2) To make us know, what kind factor makes justice principle implementation land procurement for public utilities construction difficult to implemented, and to make us know what government should do to fix these. This research is normative research, Normative research is studying norm, like justice principle and conceptual norms that regulated land procurement for public utilities construction.The result of this research consist of implementation of justice principle ofÂ land procurement for public utilities construction can not touch sense of justice society. This occurs because government gives compensation, far from they want, far from fairness, and far from properness. That is why sometime we not surprise on the implementation creates conflict between landowner and government or landowner and company who needs the land.Keywords: Justice principle implementation

THE OVER USE OF PLANTATION LAND DUE TO BECOMING TOURISM AREA IN THE PERSPECTIVE OF SPACE PLANNING ,SH, Zubaidi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Conversion of the land is a land use or land be put into function a form other than in accordance with the previous function parties interests involved in over the function. Over the function of plantation land into a tourism district is function a farming area to area tourism or business tourism services such as hotels, villas, resorts and tourism business. Each activity over the function of land or land use can not escape from the spatial aspects . Code space is a structure of space and pattern space. while Setup is a system of spatial planning processes , space utilization and operation of space utilization . Each activity over the function of land into a tourism area should refer to the relevant spatial area and not detrimental to the interests of others . And slowly over the function of each activity should be referred to the natural environment to maintain the balance of ecosystems and sustainable developmentKeywords : Land Function Conversion, Tourism , Spatial

STATUS OF VILLAGE-OWNED LAND TRANSFER INTO THE DISTRICT GOVERNMENT ASSETS IN KINTAMANI BANGLI BALI Rumiartha, I Nyoman Prabu Buana
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

The objective of the study is to determine the legal status, and factors inhibiting the transferof the villaged-owned land into the asset status of the Local Government in the sub-district ofKintamani Bangli Bali. This research employs empirical research method. The result of thestudy: the legal status of village-owned land transfer into local government assets based on the regulation for the village-owned land. The legal status of land comes from the customary law, while the land transfer regulation relates the stateâs right to control the land for the purpose of public interest. The process of the village-owned land transfer into government assets seems to be based on the right to control the land for the purpose of public interest and the regional autonomy administration and decentralization.The provisions described in Article 2 paragraph (4) of Agrarian Law states that the stateâs right to control can be delegated to the region and the customary community as required and is not in contradiction with the national interest, in accordance with the Government Regulation. The regulation serves as the basis for customary land administration. The factor hampering the transfer of village-owned land is the absence of legal product for land transfer and in this case is the absence of regional regulation. The external factor is that the land is the primary option for tourism development thus the legal certainty for its transfer has yet to exist..Keywords: Legal Status, Village-owned Land , & Local Government Asset.

EXISTENCE OF LAND PECATU IN EAST LOMBOK (Case Study In the village Sukadana district. Terara in East Lombok) Amelia, Mirza
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

Soil is a natural resource that is essential for human life, for the country has provided a firm foundation as stipulated in article 33 paragraph (3) of the 1945 Constitution, on the basis of the provisions that it gives birth to Act No. 5 of 1950 the Act was not complete calls on Pecatu ground, but can be categorized as customary rights because it is still governed by customary law provisions. Besides, the recognition of land Pecatu in the UUPA must meet two requirements, namely the existence and implementation along by the fact still exist in an area. Itâs function is intended as a revenue village chief and other officials.Keywords: Existence, Land Pencatu, UUPA.

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