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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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The Law Enforcement Related to Cyber Crime by Involving the Role of the Cyber Patrol Society in Achieving Justice Nawawi, Jumriani; Darmawati, Darmawati; Tajuddin, Mulyadi Alrianto; Nutakor , Briggs Samuel Mawunyo
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1289

Abstract

This Cyber ​​crime is a crime that is growing massively in Indonesia. In response to this, a cyber police was formed which has the task of maintaining order and obeying the law in society in the digital world. This research aims to initiate a cyber patrol system by prioritizing community participation (cyber patrol society) in realizing justice. This research is normative legal research with a conceptual and statutory approach. The research results confirm that the urgency of reforming the cyber police by involving community participation is intended to minimize abuse of power from the cyber police, especially those that can disturb people's privacy when carrying out activities in cyberspace or the digital world. Efforts to formulate a cyber patrol society in realizing justice for people who are active in the digital world need to be done by involving the community to participate in law enforcement in the digital world. Viewed from the aspect of justice, community participation is needed to ensure that cyber police do not arbitrarily occur when enforcing the law in the digital world. Apart from that, community participation in the cyber patrol system is needed so that there is a preemptive, preventive and educational approach so that public legal awareness when carrying out activities in the digital world can be achieved
Restorative Justice Settles Health Disputes Between Patients and Hospitals from an Inclusive Justice Perspective Mustika, Ni Wayan Eka; Darma, I Made Wirya; Kurniawan, I Gede Agus; Thapa, Nar Yan
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1293

Abstract

The legal system in Indonesia has seen significant developments in handling healthcare disputes between patients and hospitals through the introduction of the concept of Restorative Justice. The principles of Restorative Justice and inclusive law can be integrated to create a fair, inclusive resolution of conflicts and repair damaged relationships resulting from these disputes. The objective of this research is to analyze the implementation of Restorative Justice in enhancing the resolution of healthcare disputes between patients and hospitals, considering an inclusive legal framework, and identifying potential major obstacles. The research method used is normative research with a focus on legislative analysis and legal literature to explore the concept of Restorative Justice within an inclusive legal framework for resolving healthcare disputes between patients and hospitals. The researcher employs literature review and document analysis techniques to gather and analyze the legal data required for this research. Implementing Restorative Justice for resolving healthcare disputes between patients and hospitals within an inclusive legal framework is an effective approach for resolving healthcare conflicts. Restorative justice emphasizes relationship restoration and mutual understanding over punishment and can be applied in cases of malpractice, patient dissatisfaction, or violations of medical ethics. To be successful, relevant regulations such as the Arbitration Law in Indonesia, trained mediators, and the involvement of all relevant parties are necessary. Protecting patients' rights, transparency, accountability, and effective communication should also be a focus. By implementing restorative justice and an inclusive legal framework, the resolution of healthcare disputes can be more effective, fair, and can improve the relationship between patients and hospitals
An Examination of Factors Influencing Law Enforcement in Cases of Electoral Offenses During the 2020 Regional Head Elections in Northern Lombok Regency Taufik, Zahratul'ain; Titin Nurfatlah; Rahmadani; Baiq Vira Safitri
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1297

Abstract

This study aims to explore the determining factors impacting the enforcement of electoral laws during the 2020 regional elections in North Lombok Regency. Regional head elections represent a direct mechanism for the populace to elect their leaders. Given the nature of elections as a platform for power acquisition, they inherently attract transgressions, unlawful deeds, irregularities, and other violations. The Final Report of the Election Supervisory Body (Bawaslu) of North Lombok Regency revealed that while eight instances of electoral infractions were probed, only one case was prosecuted, forming the focal point of this article. The research employed normative-empirical legal research with both conceptual and case approaches, by collecting primary and secondary data, which were subsequently qualitatively analyzed. The findings indicated various factors influencing the adjudication process of electoral offenses during the 2020 Pilkada in North Lombok Regency, including disparities in the interpretation of legal statutes among law enforcement entities handling electoral crimes, inadequate evidentiary support to establish electoral infractions, and challenges in procuring testimony from cooperative witnesses.
The Age Threshold for Presidential Nominations in the Perspective of Dignified Justice Theory: Why is there a Mahkamah Keluarga Issue? Bima, Muhammad Rinaldy; Jacob, John Tumba
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1301

Abstract

The Constitutional Court's decision regarding the age limit for nominations for President and Vice President has caused problems in society, one of which is related to the issue of the existence of a Family Court. This issue arises because juridically there is a logical inconsistency in the Constitutional Court's decision regarding the age limit for nominations for President and Vice President and related to the nomination of the President's children to contest the Presidential and Vice Presidential elections in the 2024 election. This research aims to analyze aspects of the age threshold for Presidential candidacy and The Vice President reviewed the theory of dignified justice along with an analysis of the Family Court issue as a result of the Constitutional Court's decision. This research is normative legal research which also orientates socio-legal aspects to assess the impact of a Constitutional Court Decision. The approach used is a conceptual and statutory approach. The research results confirm that the enigma of the age threshold for presidential candidacy in the perspective of the theory of dignified justice occurs because the Constitutional Court has gone beyond the open legal policy conception where the age threshold for presidential and vice presidential candidacy is actually the domain of the legislative institution as in the open legal policy conception. Judging from the theory of dignified justice, the enigma of the age threshold for presidential candidacy also occurs because the Constitutional Court failed to construct the dimensions of social justice as envisioned in the formulation of Pancasila. MK Decision on the Age of the President and Vice President as part of a legal product certainly has social, political and legal impacts on society. Issues related to the Family Court should be addressed wisely by the Constitutional Court because these issues exist as a form of public concern for the dignity of the Constitutional Court as an institution that protects the constitution.
Big Data Analytics Algorithms for Dynamic Pricing: The Legal Analysis of the Indonesia Competitions Law readiness in Digital Era Tejomurti, Kukuh; Sukarmi, Sukarmi; Santoso, Budi; Widhiyanti, Hanif Nur
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1303

Abstract

This article analyzes the readiness of Indonesian competition law regarding the utilization of big data and reinforcement learning as tools to improve retailers' pricing strategies, ultimately leading to increased profitability and higher customer engagement and loyalty. It conducts a comprehensive review of scholarly literature pertaining to adaptive algorithmic pricing, with a specific focus on analyzing trends and the impacts of algorithmic pricing strategies. The literature review spans the years 2018 to 2022 and adheres to PRISMA criteria, with academic journals from Scopus serving as the primary source of research papers. The findings of this review indicate that it is evident that the most frequently utilized type of algorithm is RL, that shares a resemblance to human learning processes. Competition law enforcement should consider the possibility of illicit agreements between these artificial agents of colluding companies. In light of the capacity of EAs to facilitate the coordination of illicit agreement, it is imperative to consider the reformulation of Article 5 of Law Number 5 of 1999 and Regulation of KPPU Number 4 of 2011, particularly regarding the classification of price-fixing, to be adjusted to the latest developments, particularly regarding "EAs". ITE Law also should not be limited to EAs merely acting as “tools”. Instead, it should acknowledge their capacity to function as “AI Agents” capable of autonomous action.
The Concept of Actio Pauliana Creditor Law Bankruptcy Boedel Dispute Process to Achieve Substantive Justice Marpi, Yapiter; Suwadi, Pujiyono; Purwadi, Hari
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1305

Abstract

This Actio pauliana is actually a lawsuit that substantively attempts to confirm that the debtor's legal actions are declared legally invalid if they harm the creditor. In bankruptcy law, actio pauliana is an important instrument so that substantive justice, especially for creditors, can be implemented optimally. This research aims to analyze the substantive justice aspects of actio pauliana in the field of bankruptcy law. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that the essence of actio pauliana in bankruptcy disputes is viewed from the aspect of substantive justice, namely that it is aimed at protecting creditor rights, especially when there are debtor legal actions that can harm creditors. Apart from that, Actio Pauliana also emphasizes the restitutive aspect as per the substantive justice concept, namely being able to declare the debtor's actions to have no legal force if the action is detrimental to the debtor and reduces the number of bankruptcy debts as has been determined. In its development, the actio pauliana lawsuit in bankruptcy actually represents the fairness aspect as a manifestation of substantive justice so that in the future the actio pauliana lawsuit will not only represent factual losses, but also include potential losses that directly harm creditors and can be proven fairly and properly
Formulation of Online Dispute Resolution in Realizing Fair Industrial Relations Dispute Settlement: A Comparative Study Kadek Agus Sudiarawan; Yasa, Putu Gede Arya Sumerta; Desak Putu Dewi Kasih; Nyoman Satyayudha Dananjaya; Ni Ketut Devi Damayanti
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 2 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i2.1308

Abstract

Although alternative method exists as stipulated in Article 3 paragraph (1) and Article 4 paragraph (3) of the Industrial Relations Dispute Settlement Law, in fact, the dispute resolution in Indonesia’s industrial relation has been focusing on litigation mechanisms. However, litigation is not the best way to fulfill both disputing parties’ desire for justice as the output is win-lose. As such, alternative method exists, puts forward the ‘win-win’ solution. Nonetheless, the current legal framework only sets the clear rule of the aforementioned alternative method to be conducted in person, despite the global pandemic Covid-19. Accordingly, ODR is established to enable virtual procurement. This article will analyze the conception and benefits of online dispute resolution, its implementation gaps in the context of industrial relations dispute resolution, and its regulatory formulation to gain legitimacy in Indonesian law. Applying normative legal research, this article uses statutory, conceptual and comparative approaches. From the research conducted, it is indicated that online dispute resolution is technically superior as it is simple, fast, and low in cost. Even under the Industrial Relations Dispute Settlement Law, its application is feasible, specifically through mediation and conciliation. In Indonesia, implementation of online dispute resolution is possible by amending the Industrial Relations Dispute Settlement Law, considering the prioritization of alternative dispute resolution based on practices in Cambodia, Spain, and ILO Guidelines, as well as the superiority of online dispute resolution based on practices in the United States and UNCITRAL Technical Notes.
The Legal Certainty for Resolving Consumer and Business Actor Disputes from the Perspective of Social Engineering Justice from Roscoe Pound Lestari, Sri
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1309

Abstract

Legal certainty in resolving disputes between consumers and business actors is important so that fair disputes and harmonious relations remain for business actors and consumers. Even so, there are juridical problems related to legal certainty in resolving consumer disputes, namely the lack of clarity regarding the orientation of litigation and non-litigation settlements. Facing these problems, this research aims to analyze the reconstruction of consumer dispute resolution referring to Roscoe Pound’s social engineering theory. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that to ensure legal certainty, changes or revisions to laws and regulations related to consumer protection need to be made to ensure justice in consumer disputes. Reconstruction of consumer dispute resolution refers to the social engineering theory of Roscoe Pound, so it is necessary to emphasize that consumer disputes must be optimized non-litigationally first through BPSK and if not satisfied, can file a simple lawsuit in court as an effort to minimize the costs and time associated with consumer disputes.
Construction of Consumer Protection Against Illegal Online Loan Transactions As a Means of IUS Constituendum in Indonesia Imanuddin, Iman; Anggraeni, RR. Dewi; Fridayani; Susanto
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1312

Abstract

The rise of illegal online loans has caused a lot of harm to consumers. Some argue that the OJK as a regulator in the field of financial services is considered incapable of protecting consumers. The research method, normative juridical approach with laws and regulations analyzed qualitatively. The conclusions obtained are, first, the regulation of consumer legal protection for online loans according to Indonesian law is carried out by applying the principles of transparency, fair treatment, reliability, confidentiality, and security of consumer data/information. Second, legal protection for online loan recipients is carried out preventively through regulation and supervision, as well as providing information and education to the public about the characteristics of illegal online loans. Repressive legal protection can be carried out by imposing administrative, civil, and criminal sanctions. Suggestions that can be conveyed are that the OJK needs to increase stricter supervision of online loan providers and that laws and regulations are needed that are higher than the existing laws and regulations.
Legal Regulation of E-courts in Ukraine as an Element of Access to Justice for the Protection of Individual Rights Gordienko, Artur; Najafli , Emin; Kobko, Yevhen; Savenko, Viktoria; Korostashova, Iryna
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1316

Abstract

The purpose of the research is to consider electronic judicial procedure as an element of access to justice regarding protection of rights of individuals. The assessment of the effectiveness of the judicial system in Ukraine in 2023 was 2.73 points on a 5-point scale. The judicial index consists of three equivalent components: the assessment of the level of trust in the judicial system of the CEOs of the EVA member companies, which this year was 2.17 points; the assessment of the impartiality of the judicial system, which is 2.88; and the average assessment of seven factors of the organization and operation of the judicial system, which is 3 and 13 points. It has been established that that certain elements of digitalization of social processes change the social space and, in particular, the mechanisms of judicial proceedings. In the process of the development of society, certain factors came to life and these factors led to the growth of the role of information and, and therefore, to a clearer allocation of the information function in the field of jurisprudence. The following conclusion was made: the need to use information technologies in the judiciary is due to the global informatization of modern society and the development of new forms of interaction in the civil sphere with the use of electronic means of communication: the global Internet, mobile and satellite communication systems, etc. “E-court” involves the use of information and communication technologies in the process of implementing procedural legislation. The novelties of the judicial system are aimed at expanding accessibility of justice in conditions of territorial peculiarities of the Ukrainian state, improving the quality of the process and efficiency, and achieving transparency and openness in the judicial system.  

Page 63 of 71 | Total Record : 702

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