Jurnal IUS (Kajian Hukum dan Keadilan)
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
Articles
702 Documents
<![CDATA[Legal Status of Accident Investigation Results of Space Activities in The Process of Enforcement of Space Law Enforcement in Indonesia: Between Procedural Justice and Substance Justice ]]>
<![CDATA[Ali, Mansur Armin Bin]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v11i2.1259
<![CDATA[Investigation findings and information obtained as a consequence of investigations cannot be treated as state secrets or utilized as evidence in court. This principle, which is followed by international aviation law, has generated controversy in Indonesian law enforcement practices, particularly when it comes to criminal and civil procedural laws, which acknowledge that the findings of investigations can serve as a foundation for further inquiries to identify suspects. The study’s findings revealed that, first, the ad hoc team’s philosophical investigation of space accidents within the framework of international law aims to determine the causes of spacecraft accidents to ensure that they don’t happen again in the future within the context of the main legal goal of benefit and justice for more people (the most people with the most happiness possible). While compensation claims are based on liability and without error (strict liability), police investigations as described in Articles 95 through 100 are intended to find criminal acts in space activities. There is no functional relationship between the two processes, so the findings of police or special team investigations cannot be used as the basis for carrying out legal actions. Given the obvious differences between the team’s investigation and the police’s investigation, there must be coordination between the technical team of the ministry and the police regarding the responsibilities and functions of these two institutions, each of which has a unique position and set of legal obligations. With this knowledge, it is believed that there won’t be any criminal prosecutions brought against the crews of spacecraft, similar to those brought against pilots in situations involving aviation accidents.]]>
<![CDATA[Maximum Limitation of Fines for Economic Crimes In Law Number 1 of 2023 ]]>
<![CDATA[Herman, Herman]]>;
<![CDATA[Fernhout, Fokke J.]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v11i2.1261
<![CDATA[Criminal law provisions in the colonial-era Criminal Code are no longer competent to uphold society’s sense of justice due to the emergence of more sophisticated crimes with a variety of modus operandi. By approving Law Number 1 of 2023 on the Criminal Code, the first steps toward reforming the criminal code were taken. One of the recently established law reforms has to do with the criminal justice system. In this study, the punishment scheme in Law Number 1 of 2023 will be identified and analyzed, as well as the effects of the law’s provision for maximum criminal sentences for economic offenses. This article’s study was conducted using a normative legal research methodology that included statutory, conceptual, and case-based approaches. The study’s findings demonstrate that Law Number 1 of 2023 offers minimal and maximum protections against criminal risks, among them economic crimes. If the loss resulting from the offense exceeds the maximum fine that may be imposed, this rule may result in unfairness, especially for the victim. Additionally, because judges are not allowed to impose sentences that exceed the predetermined guidelines, the maximum punishment cap may lessen the deterrent effect on criminals.]]>
<![CDATA[Legal Regulation of Power Decentralization in Ukraine: Comparative Analysis and Criminal-Administrative Aspect ]]>
<![CDATA[Anatolii Rusetskyi]]>;
<![CDATA[Natalia Blazhivska]]>;
<![CDATA[Olena Kostenko]]>;
<![CDATA[Maksym Korniienko]]>;
<![CDATA[Olexander Krupytskyi]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 1: April 2023 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v11i1.367
<![CDATA[The purpose of this article is to shed light on the decentralization of power reform in Ukraine under war conditions. In the concept of Ukrainian territorial communities, the ancient European traditions of Ukrainian local self-government and modern standards of the European Union are successfully embodied. The article is a qualitative study with a historical and comparative approach. The results of the study conclude that the effective interaction between citizens, the state and international organizations contributed to the formation of Ukrainian territorial communities. It has been shown that personal income tax is one of the main sources of replenishing the budget of the community. In the first nine months of 2022, the local budget in the Dnipropetrovsk region of Ukraine collected 16,364,124 Ukrainian hryvnia (UAH) in personal income tax, which is 34% more than in the same period of 2021. Stabilizing and restoring local self-government in Ukraine requires the introduction of a new, effective and transparent strategic planning system at three levels: state strategy - regional strategy - community strategy. To restore and stimulate regional development, the strategy development must include the identification of the following four types of functional territories: recovery territories, economic growth poles, territories with special development conditions, and territories of sustainable development.]]>
<![CDATA[Indonesia Sharia Stock Investment During Covid-19: Based on Islamic Economic Law Review ]]>
<![CDATA[Heradhyaksa, Bagas]]>;
<![CDATA[Oktaviani, Rahma]]>;
<![CDATA[Syukur, Suparman]]>;
<![CDATA[Berlian, Hangrengga]]>;
<![CDATA[Wahyudi, Ahmad]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v11i3.1066
<![CDATA[The development of technology and financial literacy has increased the number of Indonesians who use stocks as an investment instrument. This also has an impact on the popularity of Islamic stocks. This is because many people are interested in Islamic investment instruments. However, the COVID-19 pandemic has had a significant impact on stock price movements. Sharia stock prices have also experienced very volatile movements due to the COVID-19 pandemic. This phenomenon raises the question of whether investing in Islamic stocks during the COVID-19 pandemic is against Islamic economic law. This is because Islamic stock prices seem to be filled with uncertainty and have experienced a very significant price decline. Moreover, due to the COVID-19 pandemic, the number of stock investors is increasing rapidly. This article aims to analyze Islamic stock investment during the COVID-19 pandemic through the perspective of Islamic economic law. To analyze this issue, this article collects data through library research. The data were analyzed using qualitative methods. In the end, this article finds that investing in Islamic stocks during the COVID-19 pandemic does not contradict the principles of Islamic economic law. Instead, this article suggests that the public can take advantage of a certain momentum to start investing in Islamic stocks.]]>
<![CDATA[Resolving Fishing Disputes in Lubuk Larangan in Kuantan Singingi, Riau Province ]]>
<![CDATA[Firmanda, Hengki]]>;
<![CDATA[Supaat, Dina Imam]]>;
<![CDATA[Wafi, Mahmud Hibatul]]>;
<![CDATA[Sudjito, Sudjito]]>;
<![CDATA[Lestari, Rika]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v11i3.1194
<![CDATA[This research aims to explain the rules of management of lubuk larangan in Kuantan Singingi, and formulate the settlement of fishing disputes at lubuk larangan in Kuantan Singingi. This research is sociological legal research. The research location is the villages where there are lubuk larangan in Kuantan Singingi Regency, namely lubuk larangan in Indarung Muara Lembu Subdistrict, lubuk larangan in Bandar Alai Kari Village, Kuantan Tengah Subdistrict, and lubuk larangan in Lubuk Jambi, Kuantan Mudik Subdistrict. Informants in this research include Customary Chiefs in Indarung Muara Lembu Subdistrict, Bandar Alai Kari Village, Central Kuantan Subdistrict, and in Lubuk Jambi, Kuantan Mudik Subdistrict, as well as the Chairman of the Kuantan Singingi Customary Institution. This research shows that the rules for managing lubuk larangan in Kuantan Singingi from three research locations differ in the way they are managed. Lubuk Larangan in Indarung is managed jointly and controlled by traditional leaders. Settlement of fishing disputes in lubuk larangan in Kuantan Singingi is carried out through a customary process led by the customary leader. If the offenders are traditional leaders, they can be sanctioned twice harder compared to ordinary people.]]>
<![CDATA[Forming International Instrument Through One Health Approach for Health Justice ]]>
<![CDATA[M Riadhussyah]]>;
<![CDATA[Aisyah Wardatul Jannah]]>;
<![CDATA[Basir, Salawati Mat]]>;
<![CDATA[Subarkah, Alwafi Ridho]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v11i3.1246
<![CDATA[Covid-19 is the proof that human health depends on animal and environmental health, these objects have interlinked with each other and provide impact to each other. Therefore, since international instruments have been formed, it will need the approach which is able to present these objects as the concerns to reach the global understanding on how to deal with pandemic situations, this is introduced through the one health approach for health justice, because disparities in COVID-19 infections, disease outcomes, and access to healthcare were stark and linked not only to health care system discrimination and inequality, but also to inequity throughout society. The purpose of this research is to discuss the importance of one health for health justice as the concept and approach to form international instruments. The method of this research uses qualitative methods and uses normative legal research or library research includes research on legal principles and this presents indirect data through scientific articles and books of the library conducted and supported with secondary and tertiary data. The discussion illustrates that one health as the approach which recognizes human, health and environment have bound each other and interlinked. Therefore, this approach will introduce the integration of interdisciplinary and cross-sectoral cooperation such as health diplomacy as a forum for negotiation between various states. In the end it shows that everyone may play an important role as the actor to promote the health of the populace in the future, one health concern will focus on zoonotic diseases, antimicrobial resistance, and food security for the future pandemic treaty. Health diplomacy through WHO can make a forum for International Health Regulations (IHR) requiring countries to designate a National IHR Focal Point.]]>
<![CDATA[The Sociological Perspective on The Study of The Living Law: Is It a Part of Legal Discipline or Social Discipline? ]]>
<![CDATA[Lestarini, Ratih]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v11i3.1270
<![CDATA[The legalistic positivist Civil Law tradition still dominates legal thinking in Indonesia. Therefore, law is often only defined as legislation. Law that is realized in norms is postulated in the form of laws. Whereas outside state law there is also a law that grows and develops in society which has a very effective force. The law is known in the concept of The Living Law which is translated by academics in Indonesia as Customary Law, where the law is realized in the attitude of legal action. Its existence as an embodiment of the original Indonesian Legal system is different from the Civil Law legal system. The problem is when each claims the truth of the law. Meanwhile, if we look at the legislation, the existence of Customary Law as The Living Law is highly dependent on state recognition. Therefore, to understand and explain it brings methodological consequences that use an external perspective. The question that arises is whether the law embodied in the attitude of legal action can be interpreted sociologically? If it can, is this sociological study part of the study in the discipline of law or is it a study of social disciplines? This paper will argue about the importance of an interdisciplinary perspective in the study of legal disciplines, such as the Sociology of Law in the study of The Living Law.]]>
<![CDATA[The Concept of A Perfect BUMDES Law Entity After Law No. 11/2020 on Working Creation in The Role of Increasing Village Income ]]>
<![CDATA[Muhammad Ikhsan Kamil]]>;
<![CDATA[Sukarno]]>;
<![CDATA[Khairul Aswadi]]>;
<![CDATA[Rauzi, Fathur]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v11i3.1277
<![CDATA[BUMdes is a productive forum in encouraging the empowerment of economic potential in the village, in addition to its existence will be able to open up employment opportunities. This indicates that good management construction is also needed, a construction that supports efficiency so that the principle of independence in village development is realized. The priority of BUMdes is on economic benefits, in addition to social benefits, but the legal aspect must be a foothold. Not merely pursuing benefits just because of the new spirit. However, it is necessary to know the rules to understand the construction as well as the alternatives in it. Regulatory incompleteness (norm ambiguity), namely that based on Government Regulation Number 11 of 2021 concerning Village-Owned Enterprises, BUMdes is in the form of a legal entity, which in its explanation cannot be equated with PT and Cooperatives, while in terms of regulation, business entities can take the form of PT legal entities (Law Number 40 of 2007 concerning Limited Liability Companies). The purpose of this study is to analyze the BUMdes institutional model as a legal entity in Indonesia to increase village income. The method used in this research is normative legal research with statutory, conceptual, and philosophical approaches. The results of the study confirm that BUMdes has a goal as stated in the definition of BUMdes that BUMdes not only aims to increase Village PAD but also must prosper the Village Community itself so that the Legal Entity Form of BUMdes after work creation must be regulated so that it aims directly at the welfare of the village community.]]>
<![CDATA[The Juridical Framework of the Pentahelix Model in the Preparation of Regional Medium-Term Development Planning ]]>
<![CDATA[Ngesti Dwi Prasetyo]]>;
<![CDATA[Arrsa, Ria Casmi]]>;
<![CDATA[Haq, Cendekiawan Ainul]]>;
<![CDATA[Retno Catur Kusuma Dewi]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v11i3.1286
<![CDATA[Regional Development Planning is a process of compiling the stages of activities involving various elements of stakeholders to improve social welfare in an area/region within a certain period. In the provisions of Article 260, Law No.23 of 2014 concerning Regional Government, it is stated that the regions under their authority shall prepare regional development plans as an integral part of the national development planning system. The pentahelix planning model is an alternative to building a participatory and partnership planning framework that emphasizes the partnership principle, that it is necessary to know the urgency of the pentahelix planning model and the pentahelix planning model in the implementation of the regional medium-term development planning (RPJMD) to realize good governance (good governance), with a normative juridical research method with a statute approach, a conceptual approach, and a cross-disciplinary approach to law to solve related problems. The Pentahelix model has five actors who play a role in it, namely academics, business actors, communities, government, and media.]]>
<![CDATA[Defamation in the New Criminal Code: A Review of Substantive Justice ]]>
<![CDATA[Fatmawati, Fatmawati]]>;
<![CDATA[Shuhufi, Muhammad]]>;
<![CDATA[Anita Chaturvedi]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, University of Mataram ]]>
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DOI: 10.29303/ius.v11i3.1288
<![CDATA[This research will discuss significant changes in defamation regulations in the New Indonesian Criminal Code with a focus on substantive justice aspects to understand their impact within the context of criminal law in Indonesia. The study employs a normative legal research method that centers on the analysis of legislation to comprehend and evaluate the regulation of defamation in the New Indonesian Criminal Code from a substantive justice perspective. Analysis is gathered from legal sources and official government documents through qualitative analysis. The research novelty is provisions for defamation in the New Indonesian Criminal Code raise questions about substantive justice. The broad scope of defamation offenses can potentially threaten freedom of speech, and the use of information technology must be monitored to avoid violating human rights. Additional penalties, such as the withdrawal of rights, must adhere to legal principles and human rights. Alignment with the principles of freedom of speech is crucial, and ongoing evaluation and reform in criminal law are necessary to uphold substantive justice. In the regulation of defamation, the protection of individuals should be balanced with safeguarding freedom of speech in a democratic society.]]>
