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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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Access to Justice: Protecting Spousal Health from Sexually Transmitted Diseases Transmission within Marriage Irawati, Jovita; Andiani, Angie; Anthony Wijaya
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.v12i2.1440

Abstract

This study explores how Indonesia’s present regulatory framework navigates to protect spousal health from Sexually Transmitted Diseases (STDs) transmission within marriage. Employing a normative legal approach which combines statutory analysis and comparative methods. The analysis focuses on Indonesia’s regulatory framework. Findings reveal that the current regulations including the Constitution 1945, Health Law, Marriage Law, Elimination of Domestic Violence Law, Criminal Code, various Regional Regulations and Regulation of The Minister of Health. These regulations provide limited coverage of instances where individuals jeopardies the health of others, particularly spouses, through the transmission of STDs. Comparative analysis of Singapore, Cambodia, Brunei Darussalam, and the United Kingdom demonstrate a common emphasis on informed consent and risk mitigation, often achieved through criminalization of non-disclosure of HIV status. However, the study acknowledges the limitations of such punitive approaches in achieving sustainable public health outcomes. The conclusion proposes moving beyond the current framework. It suggests leveraging the Health Law’s framework for family health promotion and its association with disease control. This could involve establishing a regulatory system grounded in scientific research, prioritizing a consensual and holistic approach cantered on comprehensive education and prevention programs. This approach recognizes STDs as a social issue requiring collective action, contrasting with the tendency in some neighboring countries to view them solely as a medical concern. By addressing these legal gaps and fostering responsible sexual health practices within marriage, Indonesia can contribute to a healthier and more secure marital environment for its citizens.
Enforcement of the Code of Ethics for 2024 Election Organizers in Indonesia: A Substantive Justice Perspective Didik Suhariyanto; Ade Sathya Sanathana Ishwara; Sinta Dyah Kirana
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.v12i2.1441

Abstract

This study employs a normative legal research approach focusing on conceptual and legislative analysis. Its aim is to examine the dynamics of the enforcement of the electoral organizers’ code of ethics by the Indonesian Election Supervisory Agency (DKPP) and to formulate a reconstruction of this enforcement aimed at achieving substantive justice. The findings assert that the enforcement dynamics of the electoral organizers’ code of ethics by DKPP inherently pose two main issues. Internally, the enforcement requires oversight and public participation to ensure DKPP’s credibility and integrity in upholding the code of ethics. Externally, issues arise regarding the final and binding nature of DKPP decisions, which have been undermined by Constitutional Court rulings, allowing for their annulment by judicial bodies such as the Administrative Court (PTUN). Reconstruction or reform efforts concerning the enforcement of the electoral code of ethics for electoral administrators, based on substantive justice, necessitate a clear affirmation of the independence of ethical norms, particularly those related to the conduct of electoral administrators. This includes ensuring that the enforcement of these ethical norms is immune from legal norms and external intervention. Additionally, there is a need for a revision of the electoral laws in Indonesia to enhance the appeal process for ethical judgments rendered by the Election Supervisory Board (DKPP), which are final and binding and cannot be overturned by the courts, especially the Administrative Court (PTUN).
The Legal Status of Marriage (Merariq) Implementation Within The Indigenous People of Sasak Lombok Hariati, Sri; Moh. Jamin; Adi Sulistiyono
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.v12i2.1475

Abstract

This research examines the legal status of merariq marriages within the Sasak traditional community in Lombok. Merarik marriages, governed by customary practices and norms, often conflict with Indonesia's national positive law. This study explores the interaction between Sasak customary law and national law regarding merarik marriages. Using qualitative methods and a case study approach, the researcher conducted in-depth interviews with traditional leaders, legal practitioners, and community members to gain a comprehensive understanding of the issue. The findings reveal a discrepancy between national legal provisions and customary practices, creating challenges in legal recognition and enforcement. The study suggests that harmonization between customary and positive law is necessary to ensure fair recognition of customary practices and the protection of individual rights. This research aims to enhance understanding of the legal dynamics within Indigenous communities and support the development of policies that are inclusive and responsive to cultural diversity.
Principles of Law in Legal Regulation of Public Relations in Modern Conditions Anatolii Radchuk; Iryna Slavinska; Kateryna Izbash; Wiktor Branowicki; Tetiana Kozhemiakina
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 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.v11i2.1485

Abstract

The purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). thoroughly clarify the Although the role of legal principles in today’s various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people’s legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law.
The Development of Health Criminal Law in The Perspective of Dignified Justice: What and How? I Made Wirya Darma
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.v12i1.1486

Abstract

Health criminal law in Indonesia has developed significantly since the colonial era until now, marked by the birth of various laws and regulations governing criminal aspects in the health sector. This research aims to analyze the development of health criminal law in Indonesia from the perspective of dignified justice, as well as identify challenges and formulate efforts needed in developing health criminal law in line with the principles of dignified justice. This research uses a normative legal research method with a statutory and conceptual approach, examining primary, secondary, and tertiary legal materials through literature studies. Data analysis was conducted qualitatively with a descriptive-analytical approach, involving the process of data reduction, data presentation, and conclusion drawing. The results of the study explain that the development of health criminal law in Indonesia shows a significant evolution, from limited arrangements in the Criminal Code of colonial heritage to comprehensive laws such as Law No. 36/2009 on Health. The perspective of dignified justice is reflected in efforts to balance the protection of patient rights, the professionalism of health workers, and the interests of society. Although there has been progress, there are still challenges such as the application of the ultimum remedium principle, the balance of rights protection, and adaptation to the development of health technology. Efforts to develop health criminal law in line with the principles of dignified justice require a thorough evaluation of criminal provisions, capacity building of law enforcement officers, development of regulations that are sensitive to the diversity of health practices, and collaboration between stakeholders to deal with the complexity of contemporary health issues.
Human Rights And Freedoms Under The Conditions of Martial State: Legal Regulation, Directions of Improvement Pavlo Liutikov; Wiktor Branowicki; Olga Shchypanova; Serhii Yehorov; Oleksiy Ulyanov
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.v11i3.501

Abstract

The crisis in Ukraine, sparked by Russia's intervention in March 2014 and culminating in February 2022, has had a profound impact on human rights not only in Ukraine but also in European Union member nations. It is substantiated that human rights are an effective tool for limiting public power, which prevents its arbitrary action. This attribute makes human rights a distinguishing feature of a democratic state-legal regime, as opposed to authoritarian and totalitarian regimes, which do not accept the natural nature of these rights and identify them with their own will. Protecting human rights under martial law is extremely difficult. The difficulty lies in the fact that protecting human rights under martial law is not an easy task. Therefore, the development of mechanisms for the protection of human rights is a key step in ensuring justice, the development of democracy, and the development of mechanisms for the protection of human rights is particularly important for ensuring justice, the development of democracy and the restoration of peace in our country. A legitimate state must protect people's and citizens' rights and liberties. Even during conflict in a democratic state, it is difficult to abdicate the responsibility to protect human rights. Given the basic nature of this issue, it is vital to control it on a constitutional and legal level. According to Article 3 of the Constitution of Ukraine, the state has an obligation to ensure human rights, which determines the direction of its activity and functional orientation. The state is responsible for the realization and affirmation of human rights. Therefore, martial law cannot be used to waive the obligation to ensure human rights. The Constitution of Ukraine also contains provisions that determine the specifics of the implementation of individual human rights in the conditions of martial law.
Prevention of Corruption in Local Self-Government Bodies: Legal Regulation And Foreign Experience Anton Borysenko; Halyna Tatarenko; Oksana Brusakova; Alla Pyshna; Nataliia Bilak
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 1: April 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.v11i1.1079

Abstract

The article focuses on the negative impact of corruption on the efficiency of the state, the reduction of the governability of the state, and the deterioration of the organization of public life even in the conditions of war in Ukraine. Prevention of corruption risks in local self-government bodies should be implemented by authorities exclusively at the level of a legislative act, necessarily in compliance with the principle of the rule of law and the corresponding guarantees of security in a certain state. The article analyzes in detail the legislation of Ukraine (administrative and criminal legal frameworks) regarding the prevention of corruption risks in local self-government bodies. It was concluded that the strengthening of responsibility for corruption in the conditions of martial law in Ukraine is fully justified, as it is aimed at preventing the "reduction" of international aid during the war and striking preventive strikes by equating corruption with collaboration with the enemy. A scientific vision of the legislative approach to solving the problem of combating corruption in Ukraine is formulated, taking into account the realistic goals of such activities and the war in the country. It has been proven that prevention of corruption risks in local self-government bodies is possible with the help of the following measures: anti-corruption mechanisms at the legislative level and in the activities of public administration bodies; formation of an effective system of state institutions that actually implement state policy in the field of combating corruption risks; prosecution of natural persons for corruption in the form of deprivation of liberty and other measures; intolerance of the population to corruption in war conditions. Attention is focused on the need for states to comply with international standards, namely the recommendations of GRECO and the Istanbul Action Plan of the OECD Anti-Corruption Network.
An Analyzing the Enforcement of Fines on Foreign Offenders of Fisheries Crimes in the Indonesian Exclusive Economic Zone (IEEZ) Tatik Sunatri; Suud, Aghia Khumaesi; Penny Naluria Utami
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (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.v12i3.1231

Abstract

Indonesia has vast and diverse fisheries potential, as the sea accounts for approximately 70 percent of the territory. Consequently, numerous foreign nationals sail in the Indonesian Exclusive Economic Zone (IEEZ) for fishing and many of them violate the regulations concerning resource utilization, conservation, and management within the IEEZ. However, based on the current legal provisions, foreign offenders are only subject to monetary fines or, in some cases, imprisonment. Regrettably, in practice, many foreign suspects fail to pay the imposed fines or opt for imprisonment as a substitute, burdening the Attorney General's Office and even the state itself. This analysis uses normative juridical methods and qualitative data to evaluate the enforcement of criminal fines on foreign perpetrators of fisheries crimes within the Indonesian Exclusive Economic Zone (IEEZ). This research examined the effectiveness of enforcing criminal fines on foreign perpetrators, highlighting issues such as the inadequate enforcement of legal regulations, the ineffectiveness of the existing legal structure in imposing criminal fines on all individuals convicted of fisheries crimes in the IEEZ, and the prevailing shortcomings in the legal culture.
Legal Protection for Investors against Fraud by Market Manipulation in the Indonesian Capital Market Rahman, Yogi Muhammad; Lalu Saipudin; AH. Asari Taufiqurrohman; Anik Kunantiyorini; Taufiq
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (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.v12i3.1416

Abstract

Fraudulent acts through market manipulation in the capital market can lead to investors receiving false information in their investment decisions, resulting in unprotected investor funds and unsustainable capital market industry operations. This article employs a normative legal method. Market price manipulation in the capital market falls under the category of fraud in the capital market as it is done with the intention of self-gain and deception, creating a semblance not based on actual material facts to influence others to buy, sell, or hold securities. Protection for investors can be achieved through two approaches: preventive measures by mandating all issuers to adhere to the principle of full disclosure supervised by the Financial Services Authority, and criminal measures where perpetrators of fraud in the capital market can face sanctions of up to 10 years imprisonment or fines of Rp 15 billion following Article 104 of the Capital Market Law. However, existing regulations are still insufficient in protecting the legal interests of investors from fraudulent activities in the capital market due to several factors including the ineffectiveness of the Capital Market Law, weak law enforcement, lack of legal protection mechanisms for investors who suffer losses due to market manipulation, and sanctions deemed ineffective.
Social Justice in the Welfare of Private Lecturers: A Legal Review of Salaries, Certification, and BPJS Ketenagakerjaan in Indonesia Harahap, Arifuddin Muda; Ahyani, Hisam; Miftakhul Huda; Naeli Mutmainah; Naelul Azmi; Sérgio António Neves Lousada
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (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.v12i3.1428

Abstract

This article discusses the issue of the welfare of private lecturers in Indonesia from a legal perspective, focusing on three main aspects: salaries, certification, and social security through BPJS Ketenagakerjaan. In the context of social justice, this study identifies the challenges faced by private lecturers related to the provision of salaries that are not in accordance with the Regional Minimum Wage (UMR), delays in lecturer certification, and the lack of adequate social protection through BPJS Ketenagakerjaan. This study uses a qualitative approach by interviewing lecturers at various private universities in Indonesia, spread across 5 provinces (West Java, Central Java, East Java, North Sumatra, and Bengkulu) and in 12 cities/regencies. The total campuses that are the objects of this study are 24 private universities, consisting of universities, institutes, and colleges. Legal analysis is carried out on existing regulations related to lecturer welfare. The results of the study show that although there are regulations governing the welfare of lecturers, inconsistent implementation has caused injustice felt by many private lecturers. This article suggests the need to revise and strengthen legal regulations to ensure the rights of private lecturers in Indonesia are fulfilled, in order to achieve equitable welfare.

Page 66 of 71 | Total Record : 702

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