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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
Arjuna Subject : -
Articles 702 Documents
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Consumer Legal Protection Related to Goods Storage Agreements in Shopping Centers in Realizing Justice Lira, M. Adnan; Buana, Andika Prawira; Wikra Wardhana Mamonto, Moch. Andry
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.v12i1.1454

Abstract

The development of shopping centers in Indonesia has increased the need for item storage services, but it has also raised legal issues related to consumer protection. This research aims to analyze the forms of legal protection for consumers regarding item storage agreements in shopping centers and identify efforts that can be made to achieve justice for consumers in this context. This study uses a normative legal research method with statutory and conceptual approaches. Data collection techniques are carried out through library research, while data analysis uses qualitative methods with deductive reasoning to interpret legal materials and formulate recommendations. The research results show that legal protection for consumers in item storage agreements in shopping centers is based on the Consumer Protection Act and the Civil Code, covering the guarantee of consumer rights, obligations of shopping centers, prohibition of detrimental standard clauses, compensation liability, reverse burden of proof principle, dispute resolution mechanisms, as well as supervision and law enforcement. To achieve justice for consumers, comprehensive efforts are needed including regulatory revision, increased supervision, consumer education, development of effective dispute resolution mechanisms, technology adoption, development of industry standards, increased transparency, development of special insurance products, periodic evaluations, strengthening the role of non-governmental consumer protection organizations, development of consumer rating systems, and improved coordination among relevant government agencies.
Urgensi Pengesahan RUU Energi Baru dan Terbarukan dalam Upaya Pengembangan Energi Yang Berkelanjutan Wahyudi, Ikhsan; Farhan; Risnain, Muh.; Erwin, Yulias
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.v12i3.1469

Abstract

Energy consumption in Indonesia remains heavily reliant on fossil fuels, including oil, gas, and coal, while new and renewable energy sources are still considered alternatives. This dependence on fossil fuels presents at least three significant risks: 1) the exhaustion of current oil reserves, assuming no new discoveries are made; 2) price volatility and instability due to demand outstripping oil production; and 3) greenhouse gas (GHG) emissions from burning fossil fuels. Consequently, to support Indonesia’s commitment to sustainable energy development, the ratification of the Draft Law on New and Renewable Energy (RUU EBT) should be prioritized. This study aims to identify and analyze the urgency of ratifying RUU EBT in promoting sustainable energy development, as well as the regulatory framework within RUU EBT that emphasizes sustainability principles. The research employs a normative legal research methodology, incorporating statutory, conceptual, and case study approaches. The study’s findings reveal that the legal framework governing new and renewable energy (EBT) in Indonesia is currently fragmented across various laws and regulations. Moreover, the existing regulations issued by the Government related to EBT frequently undergo changes, which undermines their ability to provide a strong legal foundation and guarantee legal certainty. This is because they have not been comprehensively consolidated into a single law. Additionally, the implementation of EBT is guided by principles such as benefit, efficiency, justice, sustainability, resilience, sovereignty, independence, accessibility, participation, and integration.
Authority for Calculating State Economic Losses in Criminal Acts of Corruption in Indonesia Hartati; Hafrida; Erwin; Arizyanto, Romi; Beny Saputra
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.v12i3.1480

Abstract

This article will analyze the elements and authority to calculate state economic losses to achieve justice for criminal acts of corruption in Indonesia. The research methodology employed is normative juridical, with a focus on literature reviews and relevant legislation. The research findings indicate that corruption is not only related to state financial losses but also to state economic losses. The regulation of elements of state economic losses and the authority to calculate state economic losses in Indonesia have not been regulated firmly and completely in laws and regulations so it will give rise to different interpretations from law enforcement officers. The unclear regulation of elements and authority in calculating state economic losses will result in different indicators for determining the value of calculating state economic losses which will result in different results of calculating state economic losses which can be detrimental the defendant because the calculation results exceed the unlawful acts he committed and can also detrimental the state if the calculation results are much lower than the state economic losses incurred.
Criminal Acts of Physical and Non-Physical Sexual Violence in University Nur Azisa; Nur Amelinda Kharia; Maskun; Nurul Hidayat Ab Rahman; Arnita Pratiwi Arifin
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.v12i3.1497

Abstract

Sexual violence in educational environments, especially universities, is a significant social issue that needs urgent attention. This study highlights the issue of sexual violence in university settings, focusing on understanding the role of victims in cases of sexual violence from a victimological perspective. The purpose of this research is to analyze the extent to which internal and external factors influence victims' decisions to report or not report incidents, as well as to explore victims' involvement in incidents of sexual violence. Using an empirical legal method with a case-based approach, this study combines surveys, interviews, and literature reviews to gather primary and secondary data. The novelty of this research lies in its in-depth analysis of the psychological and social dynamics affecting victims' involvement in sexual violence cases on campus. The findings indicate that in some cases, victims may indirectly contribute to the occurrence of sexual violence due to unawareness of their social surroundings, referred to as "imprudent victims" in victimology. This study recommends establishing a PPKS Task Force and introducing “Sahabat PPKS” in each faculty as strategic measures to create a safe and supportive campus environment for victims. The research aims to contribute to the development of comprehensive protection policies, including legal, psychological, and social support for victims within academic settings.
Assessing the Relevance of Change Management Strategy in Moroccan Public Sector Reform Barodi, Mohamed; Yassine Hachimi; Hicham El Ghali; Abdellatif Ryahi; Khalid Rguibi; Siham Lalaoui
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.v12i3.1501

Abstract

This study examines the challenges and strategies in implementing change within Moroccan public institutions, with a particular focus on civil servants’ roles in reform success. Data were collected from 172 participants across key ministries involved in the Administrative Reform Plan (2018–2021). The research evaluates strategies for addressing resistance, fostering engagement, and managing transitions effectively, providing a nuanced understanding of how organizational changes are received and managed. To enhance the depth of analysis, this paper incorporates a comparative perspective, examining change management approaches in public reforms conducted in France and Canada. This comparison offers valuable insights into best practices and innovative solutions for managing reforms in diverse administrative and cultural contexts. The findings reveal the critical importance of adopting comprehensive and inclusive strategies that address structural and human challenges, ensuring that reforms are both effective and sustainable. By integrating empirical data with international benchmarks, this study contributes significantly to the discourse on public sector transformation and offers practical recommendations for policymakers navigating the complexities of change.
Utilitarianism Perspective on The Use of E-Stamps in Business Practices in Indonesia Abbas, Ilham; Putra, Aditya Halim Perdana Kusuma
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.v12i1.1513

Abstract

The implementation of e-stamps in Indonesia as a replacement for conventional stamps has the potential to increase efficiency and effectiveness in administrative and business processes, but also raises ethical challenges related to data security, technology accessibility, and fairness in its implementation, which need to be evaluated from a utilitarian perspective to ensure the greatest benefit to the wider community. The purpose of this study is to analyze the implementation of e-stamps in business practices in Indonesia from a utilitarian perspective, by evaluating the increased efficiency and benefits for business actors and comparing the overall impact on society with the conventional stamp system. This study uses a normative legal research method with a legislative and conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature studies, and applying descriptive-analytical qualitative analysis to examine the utilitarian perspective in the use of e-stamps in business practices in Indonesia. The results of the study indicate that the use of e-stamps in business practices in Indonesia, viewed from a utilitarian perspective, provides greater benefits to society as a whole compared to the conventional stamp system. E-stamps increase efficiency, transparency, and legal certainty, as well as reduce administrative costs, which are beneficial to various parties including large business actors, SMEs, and the government. Despite challenges such as limited digital infrastructure in some areas, the benefits of e-stamps are considered significant in driving productivity, economic welfare, and creating a more conducive business environment. With the support of a clear legal framework, e-stamps have the potential to become an efficient and beneficial instrument for all levels of Indonesian society, driving economic inclusion and more sustainable growth..
Partnership Implementation in Banking Industry: Parent-Subsidiary Bank Policy in Indonesia Hartati Rahayu, Sri; Alif Febriyanto, Satrio; Angelina, Feymi
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.v12i3.1523

Abstract

Indonesia has a partnership policy as a prerequisite for foreign parties who wish to open a bank in Indonesia. This partnership policy has been known since the allowance for foreigners to own banks with a 99% stake which continues to this day in today’s era of financial industry consolidation. This paper will elaborate on the idea of implementing a partnership policy through the concept of parent-subsidiary bank between Commercial Bank with Foreign Ownership and Local Banks in Indonesia such as Regional Development Banks and People’s Economic Banks. This idea will examine the possibility, procedure, and impact of the implementation of the concept on the consolidation of the national banking industry, especially the strengthening of local banks as an effort to improve the welfare of the people as a whole. This research is normative legal research with a statutory and conceptual approach. Based on the analysis conducted in this paper, the implementation of the parent-subsidiary bank concept is in line with the positive regulations prevailing in Indonesia around strengthening the capital of Regional Development Banks and People’s Economic Banks as well as having an impact on strengthening capital and transferring technology to these local banks which have an impact on improving the services and capacity of local banks in competing in the banking industry.
Exploring SDGs Regulatory Frameworks and Regional Regulation for Climate Change Mitigation and Adaptive Resilience in Coastal Communities Naswar; Ilmar, Aminuddin; Mukhlis, Muhammad Mutawalli; Achmad; Md. Khalid, Rasyikah
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.v12i3.1543

Abstract

Climate change will cause ecosystem changes that will affect all aspects of human life on earth. The Intergovernmental Panel on Climate Change (IPCC), in its fifth assessment report (AR5), stated that climate change is also having an impact on the marine environment. Indonesia as an archipelagic country will of course also feel the domino effect of climate change. Therefore, climate change is very urgent to be discussed in Indonesia. This article will examine and formulate derivative regulations which are implementation instruments to provide legal protection for the environment and coastal residents when facing the impacts of climate change. This paper applies normative research methods as well as a contextual approach, historical approach, legal approach, comparative approach and case approach which will then be analyzed qualitatively. Specifically, this article will analyze the Buton Regency, especially the North Buton Regency government's efforts to overcome climate change which is realized by the existence of regional regulations that specifically regulate Climate Change Adaptation [API] as well as integrating regional regulations with API elements, especially in the sectors of spatial design, development planning and disaster management. So, it can be a reference for a regions that have coastal areas to achieve the target of Sustainable Development Goals [SDGs] point 13.
Application of Blockchain Technology in Cross-Border Telecommunications Network Fraud to Ensure China’s Judicial Justice Chen Siqi; Ramalinggam Rajamanickam; Nazura Abdul Manap; Zamre Mohd Zahir
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.v12i3.1554

Abstract

Cross-border telecommunication fraud involves criminals abroad using network technology to remotely defraud Chinese citizens. China is currently facing more severe problems in combating cross-border telecommunications network fraud, including the easy destruction of electronic evidence during the process of collecting and storing evidence, low investigation efficiency in cross-border judicial cooperation, and the difficulty in tracing stolen money involved in cases located abroad. In order to combat crime and achieve judicial justice, investigators need to use the latest science and technology to improve case handling efficiency, and blockchain technology is exactly what they are paying attention to. Blockchain technology, as an emerging technology, has the characteristics of decentralization and non-tampering, and has unique advantages in the acquisition, storage and circulation of data. Therefore, this article aims to explore the necessity and feasibility of applying blockchain technology to combat cross-border telecommunication network fraud. This article adopts qualitative approaches to analyze the current Chinese legal provisions and research literature on the field of cross-border telecommunication network fraud, and provides a comprehensive understanding of blockchain technology. This article proposes leveraging the characteristics of blockchain technology to prevent telecommunication network fraud by establishing a personal information protection mechanism and a suspicious fund flow supervision mechanism through blockchain technology. Furthermore, the efficiency of investigation can be improved by establishing an internal communication and cooperation mechanism. The authenticity and integrity of evidence can be ensured by establishing blockchain forensics and evidence storage system.
Reformulate Supervisory Mechanism of The Indonesian Corruption Eradication Commission, Why and How? Ahmad Sahroni; Mohammad Hazyar Arumbinang
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.v12i3.1558

Abstract

Supervision of the Indonesian Corruption Eradication Commission needs to be reformed. This is to prevent the KPK from abusing its authority in the process of eradicating corruption. In addition, reforms also need to be carried out to increase accountability, ensure transparency, build public trust, and prevent internal corruption. Specifically, improvements to the KPK's supervision method in this study will focus on efforts to improve the filling of the KPK Supervisory Board position. The research method using Normative Juridical Legal Research, with a Conceptual Approach and a Statute Approach. The results of the study show that the KPK supervision carried out by the KPK Supervisory Board shows less than optimal results. This claim is due to the filling of the KPK Supervisory Board position which only comes from the President. There is no Checks and Balances mechanism in filling the Supervisory Board position. The author recommends that the DPR can take and increase its role in filling the KPK Supervisory Board position. In addition, there are several other reformulations of improvements. Including the implementation of reports and complaints with a reverse proof system, as well as building an information system for alleged ethical violations.

Page 67 of 71 | Total Record : 702

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