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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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Enhancing the Competence of Supreme Court Judges Through the Specialization of Judges at the Supreme Court Mustakim; Syafrida, Syafrida; Warsito; Masidin
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.v12i1.1368

Abstract

The research aims to analyze the characteristics of judicial reviews carried out by the Supreme Court and efforts to increase the competence of Supreme Court judges through differentiation of judges' expertise in judicial reviews. This research is normative legal research with a conceptual and statutory approach. The results of the research show that the characteristics of the judicial review carried out by the Supreme Court are extensive or broad in nature, not only focusing on and referring to the hierarchy of statutory regulations, but the Supreme Court must first qualify a statutory regulation that is formed based on authority or on the orders of higher statutory regulations. The means to increase the competence of Supreme Court judges through differentiation of judges' expertise in judicial review are necessary so that judges' considerations can be comprehensive and substantive. Differentiation of expertise of Supreme Court judges is oriented towards aspects of special training for judges related to judicial review at the Supreme Court because the characteristics of judicial reviews are testing general and abstract norms, and further differentiation of judges' expertise needs to be optimized in terms of the types and characteristics of the regulations being tested.
Exploring The Legal Subjectivity of Artificial Intelligence in Incitement to Suicide Zhaoxun, Cao; Rajamanickam , Ramalinggam; Dahlan, Nur Khalidah
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.v12i1.1369

Abstract

The development of conversational artificial intelligence (AI) has not only brought about technological innovations but has also given rise to legal issues. The phenomenon of AI-induced suicide highlights the multifaceted legislative demands within the criminal domain for AI. In-depth research into the issues of suitability concerning suicide victims, AI, and regulatory entities becomes particularly necessary. Through literature analysis and comparative legal analysis, this article aims to provide theoretical support for the legal delineation of liability in the context of AI incitement to suicide. Specifically, this article conducts a thorough investigation and comprehensive analysis of relevant legal literature both in China and internationally. The objective is to clarify the legal positions and real challenges surrounding the issue of AI incitement to suicide. Consequently, this article explores whether AI should be considered a legal subject and how, in different contexts, suicide victims and AI regulatory entities should share corresponding responsibilities. As for the findings, AI should not be regarded as an independent legal subject. Based on the theories of victim self-entrapment risk and omission in criminal law, in various situations, suicide victims or AI regulatory entities should bear corresponding responsibilities for the events of incitement to suicide. By delving into the legal liability issues of AI in incitement to suicide, this article provides a theoretical basis for comprehensive AI legislation in the future, demonstrating theoretical innovation. Furthermore, the exploration of criminal legal regulation contributes to the construction of a more comprehensive and rational legal framework for AI.
Reconstruction of the Business Judgment Rule Doctrine in Indonesia: Legal Comparison with England, Canada, the United States, and Australia Santiago, Faisal
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.v12i1.1371

Abstract

This research specifically analyzes the comparison of the substance of the business judgment rule doctrine in Indonesia with that in other countries by comparing several countries, namely: England, Canada, the United States and Australia. The aim of this research is to reconstruct the future regulation of the business judgment rule doctrine in Indonesia. This research is normative legal research that prioritizes conceptual, statutory, case, and comparative approaches. The research results show that the principles related to the business judgment rule doctrine in Indonesia include the principle of good faith, the principle of prudence, the principle of expediency, and the principle of legal certainty. The characteristics of the business judgment rule doctrine in Indonesia, as contained in statutory regulations and court decisions, actually emphasize the mechanisms that must be taken by directors before making a decision, namely the obligation to prioritize the willens aspect, namely knowing a decision to be taken, and the wettens aspect, namely wanting and understanding the potential consequences. by a decision to be taken. Reconstructing the business judgment rule doctrine in Indonesia by referring to practices in England, Canada, the United States, and Australia, the BJR regulations in Indonesia actually require reconstruction or updating in the future by formulating specific regulations regarding the BJR doctrine in Indonesia and providing space for judicial institutions to develop the application of the BJR doctrine according to developing cases.
The Eradication of Human Trafficking: What Can We Learn From East Lombok District? Ika Yuliana Susilawati; Sri Karyati; Hafizatul Ulum
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.v12i2.1373

Abstract

The lack of information regarding labor migration in the society of West Nusa Tenggara Province means that quite few prospective Indonesian Migrant Workers (IMW) are vulnerable to malpractice recruitment and can result in exploitation so that they have the potential to become human trafficking victims. This study aimed to determine the effectiveness of West Nusa Tenggara Provincial Regulation Number 10 of 2008 and the obstacles and also the opportunities for preventing and eradicating human trafficking as an effort to prevent human trafficking in East Lombok Regency. The results of this study that are West Nusa Tenggara Provincial Regulation Number 10 of 2008 concerning Prevention and Eradication of Human Trafficking and its derivative, namely East Lombok Regency Regional Regulation Number 9 of 2013 concerning Protection of Victims of Human Trafficking and Acts of Violence against Women and Children are not running effectively considering that the mandate of these two regional regulations is to form a Cluster Human Trafficking duties at the Regency Level have not been carried out, so that the relevant agencies cannot coordinate optimally. Optimizing the Eradication of Human Trafficking in East Lombok Regency can be done by forming a Human Trafficking Task Force so that inter-agency cooperation can run optimally. The formation of the Human Trafficking Task Force will provide certainty regarding the involvement of human resources, funding and facilities and infrastructure. Apart from the role of the Human Trafficking Task Force, of course there is also a need for public awareness, especially prospective migrant workers, to register themselves legally so that they can prevent them from becoming victims of Human Trafficking.
Business on Nickel Downstreaming with China and European Union Lawsuits Marwanto; I Nyoman Prabu Buana Rumiartha; Meliana Putri; I Wayan Parsa; I Gede Yusa
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.v12i2.1381

Abstract

This study aims to discuss the law and investment business between China-Indonesian companies and the European Union lawsuit. China companies that build nickel refining and processing plants or smelters in Indonesia with large investment values, the Indonesian government obtains significant profits from exports through domestic processed nickel exports. The research method used in this study is the normative legal research method. The results of the study indicate that the benefits between Indonesia and China include China investment in Indonesia, job creation in Indonesia, and increased export results, which have an impact on concerns in the European Union, especially since Indonesia recently banned the export of nickel ore. On the contrary, Indonesia has encouraged domestic nickel ore processing to add value to nickel products. Indonesia as one of the largest nickel producers in the world has regulations regarding nickel exports. This is stated in the Regulation of the Minister of Energy and Mineral Resources Number 11 of 2019 concerning the Second Amendment to the Regulation of the Minister of Energy and Mineral Resources Number 25 of 2018 concerning Mineral and Coal Mining Business Activities. In the regulation, Indonesia imposed a ban on nickel ore exports. Regarding this ban, the European Union reacted by filing a lawsuit with the World Trade Organization (WTO). Based on the State sovereignty & Theory of Welfare State, the state must actively strive for welfare, and act fairly that can be felt by all people evenly and in balance. Therefore, the implementation of a ban or restriction on nickel ore exports is a way for the Indonesian government to improve people’s welfare. The narrative of national sovereignty and welfare state can be used as an argument in front of the WTO international forum but accompanied by a strong legal basis argument by using Article XIX of GATT 1994 regarding the exception in economic circumstances, a safeguard measure against domestic industry when there is a surge in imports that causes or threatens to cause serious losses.
Initiating the Reform of Principle Norms in the Formation of Laws in Indonesia Asmarudin, Imam; Fauzan, Muhammad; Nasihuddin, Abdul Aziz; Ardhanariswari, Riris; Hariyanto, Hariyanto; Nunna, Bhanu Prakash
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.v12i2.1390

Abstract

The formation of responsive laws is an ideal form and a must in a country that adheres to democracy, the involvement of the community in the formation of laws and regulations is a form of implementation of democracy and popular sovereignty, so far the principles of the Formation of Legislation are regulated in Article 5 of Law Number 12 of 2011, but these principles are still formally operational and are considered unable to provide space for the community in conveying input that needs to be fulfilled in the mechanism of forming laws, so there needs to be an update on the principles of its formation. This research aims to find out how the idea of updating the norms of principles in the formation of laws in the future, the method in research uses legal research methods through approaches, data analysis is descriptive qualitative statute approach, conceptual approach, and case approach. the results of the study show that the formation of laws and regulations must certainly begin with a response to the existence of a legal problem that develops in society and there must be a regulatory solution, so that the formation of laws and regulations is not always based on political interests, certain groups or other interests, it is to avoid overregulation. The concept of responsiveness becomes urgent to be prioritized as a new norm of principles in the formation of good laws and regulations, because it can provide a two-way space between the legislator and the public quickly. the concept of responsiveness becomes a new idea in the new norm of the principles of good law formation, which has the character of strengthening the root foundation of the principle of openness and as a supporter (supporting) to the provisions of Article 96  Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislative Regulations.
Balancing The Principles of Non-Refoulment and National Security in The Protection of Refugee Rights: A Legal and Policy Analysis of Refugee Handling in Australia Putri, Ria Wierma; Yunita Maya Putri; Ernawati, Ninin; Muhammad Havez; Febriyani Sabatira
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.v12i2.1391

Abstract

This study examines the delicate balance between the principle of non-refoulement and national security in protecting refugee rights, focusing on Australia’s approach to handling refugees. Non-refoulement, a fundamental principle of international refugee law, prohibits the forced return of individuals to countries where they may face persecution. However, ensuring national security while upholding refugee rights poses challenges, particularly in the face of global migration crises and security concerns. Through a case study of Australia’s refugee policies and practices, this research explores the complexities of navigating between these principles, considering legal frameworks, policy implications, humanitarian considerations, and the impact on refugee lives. The findings contribute to understanding the intricate dynamics of balancing humanitarian obligations with national security imperatives in refugee protection efforts. The findings of this research suggest that no balancing act can be justified by international law. Turn-back measures cannot be used to balance Australia’s international obligations to protect refugees. This will lead to violations of the human rights of asylum seekers who will be returned. The act of turning back is hazardous and has the potential to bring threats and persecution to asylum seekers who are returned to their country of arrival, country of origin, or third countries.
WTO Subsidies Agreement on Fisheries (2022-2024): Agreed Terms and Implications for Indonesia Mucharom, Rully Syahrul; Suriaamadja, Toto Tohir; Januarita, Ratna; Jaya, Belardo Prasetya Mega; Maharani, Dwi Gita; Asari Taufiqurrohman
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.v12i2.1394

Abstract

Indonesia has issued a fisheries subsidy policy to encourage the development of the fishing industry because this sector contributes to national development, but the subsidies applied must be in accordance with the provisions stipulated in the WTO. Indonesia is a member of the WTO and in the last few meetings held by the WTO in which the WTO prohibits subsidies, besides that fisheries subsidies can cause depletion of fish stocks and damage to marine biota. This is not in line with the UN program, namely Sustainable Development related to sustainable fisheries, so the implementation of fisheries subsidy policies can cause problems. the 12th WTO ministerial conference, a draft was drafted, but until now the draft has not been ratified, the draft fisheries subsidies at the WTO specifically regulate fisheries subsidies that are prohibited and exceptions in general. the 13th Ministerial Conference 2024 has not yet concluded negotiations on agricultural and fisheries subsidy issues, which remain key concerns for the conference organizers. Trade or Economic Ministers of the WTO engaged in negotiations are aware of the significant differences in positions among member states, necessitating further time for additional negotiations to be continued by permanent delegations in Geneva. The impact of the draft WTO fisheries subsidy, if successfully ratified, will have a negative impact on Indonesia in terms of the fishery market, fishery resources and employment.
The Jurisprudence of Religious Moderation: Strengthening Al-Wathanniyah Values at the Intersection of Islam and Nationality Akil, Muhammad; Darmawangsa, Andi; Hasibuddin, M.; Ardi
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.v12i2.1410

Abstract

The purpose of this research is to analyze the concept of religious moderation fiqh and the value of al-wathanniyah at the intersection between Islam and nationalism in Indonesia as well as to formulate strategies and efforts that can be made to strengthen the value of al-wathanniyah as a basis in realizing religious moderation fiqh in Indonesia. This research uses qualitative research methods. Data collection techniques are carried out through in-depth literature studies on related classical and contemporary literature sources, as well as conceptual analysis to critically and comprehensively identify, explore, and map key concepts. The research results explain that the concept of religious moderation fiqh which emphasizes the attitude of tawassuth (moderate), tawazun (balanced), and i’tidal (straight) in understanding and practicing Islamic teachings has a meeting point with the value of al-wathanniyah or love for the homeland as part of the faith of a Muslim in Indonesia. Strengthening the value of al-wathanniyah or love for the homeland at the intersection between Islam and nationalism becomes the key to realizing the fiqh of religious moderation. These two concepts are in line with realizing a just, peaceful, prosperous society, and upholding unity in diversity in accordance with the ideals of the nation. To strengthen it as a basis for religious moderation in Indonesia, a comprehensive strategy is needed that includes aspects of education by integrating these values in the curriculum, spreading moderate discourse through various media, community empowerment, the role of the government in regulations by involving religious and community leaders, as well as cooperation and dialogue among stakeholders to build a collective understanding in the Indonesian context.
The Criminal Law Enforcement Based on Socio-Legal Approach Against Illegal Parking Officers in Achieving Justice Badaru, Baharuddin; Ildar Begishev
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.v12i2.1420

Abstract

This research aims to analyze aspects of law enforcement based on a socio-legal approach towards illegal parking officers in realizing justice. This research is socio-legal legal research which looks at law comprehensively including its relationship to non-legal aspects. The research results confirm that the factors related to the phenomenon of illegal parking officers are actually complex, including economic, social, cultural and political factors. The existence of illegal parking officers generally occurs because both regulations and law enforcement officers in Indonesia have not been optimal and effective in carrying out law enforcement efforts against illegal parking officers. The concept of criminal law enforcement against illegal parking officers based on a socio-legal approach can also prioritize non-penal and penal efforts so that it is hoped that the criminal law enforcement process can be carried out optimally. Efforts to enforce criminal law for illegal parking officers in realizing justice can be carried out by approaching legal and non-legal aspects in both preventive and repressive law enforcement.

Page 65 of 71 | Total Record : 702

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