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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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Reexamination of the Concept of Justice in the Inheritance System: A Study on Women's Inheritance in the Traditional Society of Bali in Lombok, West Nusa Tenggara, Indonesia. Aditi, I Gusti Ayu; Husni, Lalu; Haq, Lalu Muhammad Hayyanul; Sabardi, Lalu
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.v11i3.1322

Abstract

The Hindu inheritance law allows for the possibility of inheritance for female children, though with a reduced share. Interpretations of religious norms are often disregarded in customary legal systems with the argument that Hinduism does not endorse double obligations. The customary inheritance law used by the Hindu community in Lombok, Indonesia, is based on Hindu inheritance laws interpreted according to local customs or village traditions. Different interpretations in each region regarding women's inheritance rights worsen the fulfillment of women's inheritance rights. Therefore, in line with the evolution of jurisprudence towards the fulfillment of women's inheritance rights, such as the shift from patrilineal to parental principles in Islamic inheritance, this study proposes the reexamination of the justice principle in Hindu inheritance law practiced by the Balinese indigenous people in Lombok. This reexamination should consider their unique characteristics and distinguish them from the Hindu community in Bali. As a basis for protecting women's rights in Hindu inheritance law, this becomes crucial for inclusion in a national legal framework.
The Women’s Leadership: Orientation from a Legal and Islamic Sharia Perspective Fatmawati; Rahma Amir; Rahmawati; Firman Muhammad Arif; Muhammad Shuhufi
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.v12i2.1345

Abstract

Women’s leadership in the political dimension is an interesting study because even though Indonesia has substantially regulated women’s leadership, in practice women’s leadership has not been implemented optimally. This research aims to answer two legal issues, namely the legal political orientation related to women’s leadership in politics in Indonesia, as well as the perspective of Islamic law related to women’s leadership in politics in Indonesia. This research is normative legal research with a conceptual and statutory approach. The research results confirm that the problems regarding legal politics for women to hold political positions are more related to aspects of legal culture and collective understanding of society. This emphasizes that legal politics related to the role and orientation of women’s leadership in the world of politics must receive optimal understanding and awareness in society so that women get more portions and roles to occupy political positions in proportion to men’s political leadership. Apart from that, from the perspective of Islamic Sharia regarding women’s leadership in politics in Indonesia, there is actually no definite prohibition (qath’i) that prohibits women from becoming political leaders. Therefore, referring to the Maqashid Asy-Syariah aspect, it refers to the development of time and culture, especially when women also have the same opportunities to receive education so that they have the same potential to become political leaders as men.
Reformulation of Certain Circumstances Indicator as a Prerequisite for the Imposition of Death Penalty in Corruption Crime Hidayat, Syamsul; Rodliyah; Amiruddin, Amiruddin; Parman, Lalu
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.v12i1.1350

Abstract

The massive practice of corruption is a serious threat to the welfare of a country so that the Indonesian government through its regulations stipulates corruption as one of the extra ordinary crimes, the seriousness of eradicating corruption is stated by regulating the death penalty for perpetrators of corruption. the implementation of the death penalty is regulated in the law on corruption, which only applies to corruptors whose actions are committed during certain circumstances. This research analyzes the indicators of certain circumstances as a prerequisite for the imposition of the death penalty in the crime of corruption. The main approaches used in this research are conceptual approach and legislative approach. The results of this study indicate that there are weaknesses in the juridical context so that there is a need for juridical reformulation related to certain circumstances indicators as a prerequisite for the imposition of death penalty sanctions in the crime of corruption.
Reformulation of Sale And Purchase Agreement Regulations in Creating Legal Certainty and Justice in The Transfer of Land Rights in Indonesia Fathoni, M. Yazid; Sulistiyono , Adi; Karjoko, Lego
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.v12i1.1351

Abstract

Even though Indonesia has promulgated Act Number 5 of 1960 concerning Basic Agrarian Principles Regulations, this regulation cannot provide legal certainty and justice for the parties in the sale and purchase of land rights agreements. When judges decide cases involving property rights sale and purchase agreements, they base their decisions on legal procedures and sources, which demonstrate this uncertainty and injustice. The legal sources as references are varied, sometimes BW (Burgerlijk Wetboek, Adat Law (Customary Law), or Act Number 5 of 1960 with Government Regulatiion Number 24 of 1997. This article uses a normative legal research method. In analysis, to create a land rights sale and purchase agreement that can provide legal certainty and justice, the issue needs to be regulated, especially regarding the issue of the various legal sources, and the responsibility of the state in providing legal certainty. For sales and purchase agreements to provide legal certainty and justice, the state must move from a negative publication system to a positive publication system to realize the constitutional rights of Indonesian citizens in Article 28 D UUD 1945.
The Interplay of Human Trafficking and the Rohingya Refugee Crisis in Aceh Province, Indonesia: Exploring the Complexities of Criminality and Humanitarian Concerns Aiyub Kadir, M. Yakub; Rosmawati; Listriani, Sophia; Mail, Syed Muhammad Huzaif
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.v12i1.1355

Abstract

This article delves into the long-standing atrocities committed by the Myanmar government against the Rohingya people in Rakhine province, which have resulted in a significant influx of Rohingya refugees into various regions, including Aceh province, Indonesia. The article aims to investigate the nature of this crisis, particularly focusing on the modus operandi of human trafficking, through a doctrinal-empirical approach. This approach involves observations and interviews with stakeholders involved in the field. The article also highlights the conflicting perspectives surrounding humanitarian and trafficking issues, shedding light on the challenges faced. Despite the existence of Presidential Decree 125/2016, the management of refugee handling remains inconsistent, given the uncertain situation and half-hearted treatment. Consequently, this has led to the expansion of trafficking networks, victimizing both local individuals assisting refugees at sea and on land. Indonesian authorities have predominantly addressed trafficking under immigration law rather than from a humanitarian standpoint. This approach has had adverse effects, resulting in resistance and rejection of Rohingya refugees in Aceh province. Considering that trafficking has emerged as a downstream impact of the global refugee crisis, the perception of viewing trafficking in Rohingya solely as a crime should be questioned. Urgently, a new paradigm and legal regime for refugees in Indonesia are required to address these pressing issues.
The existence of 'Urf in the Resolution of Marriage Disputes in Islamic Law: A Living Law Perspective Luthfi, Muhammad; Fajrin, Yaris Adhial; Bachtiar, Hasnan
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.v12i1.1356

Abstract

‘Urf or customary law is a law that lives, develops, and is implemented by society. In the practice of marital disputes, people tend to implement customary law, or 'urf, first before resolving them through formal mechanisms regulated in statutory regulations. This research aims to analyze 'urf or customary law in marriage disputes from the living law aspect. This research is normative legal research that prioritizes conceptual and statutory approaches. The research results confirm that the position and existence of 'urf or customary law in marriage disputes is permissible as long as it does not conflict with Islamic law, guarantees benefits, and contributes to the successful implementation of Islamic law. Legal efforts to resolve marriage disputes through 'urf are viewed from a living law perspective because, as a law that applies and its value is appreciated by society, in marriage disputes, the role of 'urf or customary law is important to bring justice to the parties in dispute. Apart from that, legal efforts to resolve marital disputes through 'urf from a living law perspective can also be the first attempt to resolve marital disputes, and if efforts through 'urf or customary law are not successful, then efforts can be made to resolve them through procedures in the KHI and statutory regulations.
Constitutionality of Simultaneous Extension and Renewal of Land Rights Mahfud, Muh Afif; Djohan, Naufal Hasanuddin; Malik, Muhammad Fahad
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.v12i1.1360

Abstract

One form of state control is to regulate the granting of land rights, including determining the subject of the right and the duration of a land right. The determination of the period of land rights must pay attention to equality of opportunity and access in acquiring and controlling land so as to create the greatest prosperity of the people as the goal of national agrarian law. This is a normative research that focuses on examining the harmony between regulations so that it uses a statute approach and conceptual approach. Therefore, primary legal materials and secondary legal materials obtained based on literature research are used. The data obtained was then analyzed based on content analysis. In this research, it is found that there are overlapping regulations between the Basic Agrarian Law, Governmental Regulation No. 40 of 1996, Agrarian Minister Regulation No. 18 of 2021 and Government Regulation No. 12 of 2023 regarding the extension and renewal of land rights at the same time. In addition, in reality, the simultaneous extension and renewal of land rights causes several things, namely: (1) legal uncertainty because there are regulations as the basis that collide with each other; (2) inequality and injustice for the community in accessing land; and (3) presents unconstitutionality because basically this policy has violated the Constitutional Court's decision.
No Viral No Justice: A Criminological Review of Social Media-Based Law Enforcement from the Perspective of Progressive Law Runturambi, Arthur Josias Simon; Aswindo, Munarni; Meiyani, Eliza
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.v12i1.1361

Abstract

The phenomenon of "no viral, no justice" emerges due to public distrust of the justice system, prompting people to "play judge" themselves on social media in the name of substantive justice, despite the risks of defamation and violations of the legal process. The purpose of this research is to analyze the “no viral, no justice” phenomenon arising from social media-based law enforcement and evaluate its harmony with the principles of progressive law. This normative legal research uses a conceptual approach, applying primary and secondary legal materials, a literature study for data collection techniques, and content analysis to describe the application of progressive legal concepts in social media-based law enforcement. Qualitative data analysis is carried out systematically to draw conclusions in accordance with the research problem formulation. The results show that the "no viral, no justice" phenomenon arises because law enforcement is influenced by public pressure due to viral cases on social media to be addressed immediately, thus creating the perception that non-viral cases mean no justice. This contradicts the principles of progressive law, which promotes the protection of human rights, substantive justice, and rejects discrimination. Law enforcement is also still not considered harmonious with progressive law because viral cases on social media are prioritized without considering justice holistically, while the principles of equality before the law and the presumption of innocence should still be upheld before public pressure comes into play.
PERMASALAHAN HUKUM, MORAL DAN SOSIAL DALAM AKULTURASI BUDAYA EPOS RAMAYANA DI IMDONESIA. Soelistyo Budi, Henry
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.v12i1.1363

Abstract

In line with the creative economy policy, it is advisable for Indonesians to cultivate prolific thoughts, ideas, and intellectual abilities to create various copyrighted works as mandated in Law Number 24 of 2019. In this context, one of the potential forms of creativity to be encouraged is the creation of new artistic works based on cultural acculturation. Indonesia also preserves several traditional works from foreign origins seamlessly integrated into the fabric of community traditions. Prominent instances include Valmiki’s Ramayana epic from India and the traditional Chinese Barongsai dance, both of which have acculturated with Indonesian artistic works. This socio-legal research aimed to examine the potential problems encountered in the process of cultural acculturation from the legal, moral, and socio-political aspects of relations between countries. A comprehensive method was used, including statutory, historical, and comparative analyses. The results showed that cultural acculturation was a neutral process capable of giving rise to unique, novel, and improved creations, provided the process was executed carefully in the sense of respecting cultural values, ethical considerations, and legal norms properly. In the context of the creative economy, new creations resulting from acculturation possessed high commercial value, supporting the development of the national economy.    
Critical Examination of Emerging Issues in Refugee Protection: A Transnational Legal Perspective Gasiokwu, Peter I.; Jenigho P. Esavwede; Aloamaka, Patrick Chukwunonso; Iheanacho, Linda
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.v12i2.1364

Abstract

This research critically examines contemporary challenges in protecting the rights of refugees, focusing on climate-induced displacement and the impact of technology on migration patterns. It identifies significant gaps in current legal frameworks, particularly in their ability to address the transboundary nature of modern displacement. The research highlights the limitations of existing conventions and the need for a more adaptable, transnational legal approach. Key recommendations include expanding the definition of persecution, integrating technology safeguards, and fostering global responsibility-sharing mechanisms. These proposals aim to enhance refugee protection and ensure that legal frameworks remain responsive to the evolving challenges of the 21st century.

Page 64 of 71 | Total Record : 702

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