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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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Realizing “Deconstructional” Justice Through Agrarian Civil Law Reform: A Review Of Jacques Derrida’s Theory Sahlan; Miqat, Nurul; Susi Susilawati
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.v12i3.1559

Abstract

Agrarian law in Indonesia has a long history influenced by various power regimes. However, it still faces challenges such as agrarian conflicts and inequalities in land distribution. This research aims to analyze the application of Jacques Derrida's deconstruction concept in the reform of Indonesian agrarian civil law, by identifying and evaluating critical aspects that need to be deconstructed to realize more substantive and inclusive agrarian justice. This study uses normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature studies, and applying qualitative analysis techniques including descriptive, interpretative, and critical analysis to examine the application of Jacques Derrida's deconstruction theory in Indonesian agrarian civil law reform. The research results show that Jacques Derrida's deconstruction concept can be applied in Indonesian agrarian civil law reform to achieve more substantive justice. This approach allows for the dismantling of existing agrarian legal structures, revealing inconsistencies and contradictions within them, and opening space for new, more inclusive interpretations. Critical aspects that need to be deconstructed include colonial legacies in agrarian law, dualism between customary and national law, inequalities in land tenure, unfair conflict resolution mechanisms, lack of integration between agrarian policies and environmental protection, and weak implementation of indigenous peoples' rights. Through the deconstruction of these aspects, agrarian law reform can be directed to create a more just, inclusive, and sustainable system, taking into account broader social, cultural, and economic contexts.. Keyword: Deconstruction, Agrarian, Justice, Reform, Derrida.
Legal Protection of Personal Data as Listed in Court Decision: A Discourse Renewal Tina Amelia; Nunung Rahmania; Aftab Haider
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.v12i3.1560

Abstract

This study aims to examine and analyze the actualization of specific personal data protection, especially criminal records in the context of court decisions. In the digital era and advances in information technology, personal data protection is becoming an increasingly important and relevant issue. However, there is a need to better understand how specific personal data protection is realized and implemented in the context of court decisions. For example, the court decision related to divorce. In the case of a divorce that befell an artist, the court decision was published on the court's official website. The impact is that the public knows the cause of the divorce. This is a form of no protection of personal data, under the pretext of openness of court information. This study use a normative legal research method with a statue approach and a conceptual approach. The data used consists of primary legal materials and court decisions related to personal data protection. In addition, this study also refers to legal literature and expert views related to personal data protection and court decisions. The results of the study indicate that the actualization of personal data protection, especially criminal records listed in court decisions, is an exception due to the principle of open trials and published trial results. There needs to be a reformulation of the concept of exceptions to personal data protection related to criminal records in the context of court decisions. This reformulation is emphasized to avoid abuse in the judicial process and maintain public trust in the judicial system. The reformulation was carried out to clarify the position of criminal records listed in Court Decisions as excluded objects and the rights of Personal Data Subjects regulated in the Personal Data Protection Law are also excluded for Court Decisions. The implications of this study are expected to provide a better understanding for related parties, including courts, governments, and the general public, regarding the importance of specific personal data protection in the context of the courts.
Implementation of The Transfer of Home Ownership Credits Under The Law Alfons, Maria
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.v12i3.1578

Abstract

This study investigates the role of banks in Indonesia's national growth, namely through the allocation of credit for home ownership financing. It delineates the legal frameworks regulating mortgage agreements, underscoring the responsibilities of borrowers and the banks' rights to enforce collateral in instances of default. The study examines complications stemming from the assignment of mortgage liabilities to third parties, emphasizing the difficulties of legal acknowledgment and safeguarding for new debtors when the initial borrower neglects to notify the bank of these transfers. The study investigates two main inquiries: the execution of debtor transfers in house ownership credit contracts, and the legal safeguards afforded to secondary creditors in cases of default by the principal debtor. The studies seek to elucidate the intricacies of mortgage agreements and strengthen legal protections for all parties involved
Administrative, Legal and Criminal Aspects of Liability for Illegal Expulsion of Children Volodymyr Pavlov; Tetiana Slutska; Alina Harkusha; Oleksandr Kozlenko; Oleksandr Sukhomlyn
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.v12i2.1386

Abstract

The article provides a detailed analysis of the existing legal acts regarding criminal and administrative liability for the illegal expulsion of children. It has been found that the mass and systematic expulsion of children in the conditions of armed conflict, which is committed by the Russian Federation in the temporarily occupied Ukrainian territories, has signs of three most serious international crimes that belong to the jurisdiction of the International Criminal Court - crimes against humanity, war crimes and crimes of genocide. It is emphasized that the Ukrainian side should continue to try at the international, including the international legal level, to recognize the expulsion of children as genocide. In addition, considerable attention is paid to the peculiarities of international criminal liability for the expulsion of children, the legal status and jurisdiction of the International Criminal Court. The article analyzes the steps that have already been taken in the direction of bringing to justice the officials of the Russian Federation guilty of the expulsion of children. The prospects of making a final decision on this matter and the possibility of its enforcement are considered. At the same time, it is noted that the prospects for the actual execution of a future sentence by an international criminal court are very doubtful, since the Russian Federation is a permanent member of the UN Security Council and has the right to veto any of its decisions. The ineffectiveness of the existing mechanism for bringing to justice not only individuals, but also states in general, even for such international crimes as the deportation of children, which cannot be committed without using the entire state apparatus, has been identified. According to the results of the study, a number of problematic aspects of the current legal regulation and the existing system of international relations in the studied sphere have been identified, recommendations for their overcoming have been formulated.
The Development of Constitutional Law in Presidential and Vice Presidential Election Disputes: A Comparison Between Indonesia, Algeria, and Ethiopia Fakhry Amin
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.v12i2.502

Abstract

The development of constitutional law studies necessitates that constitutional law be understood broadly, including various developments in constitutional law in other countries. One important aspect in the development of constitutional law studies is related to disputes over the results of the Presidential and Vice Presidential elections. Many dynamics occur regarding the disputes over the results of the Presidential and Vice Presidential elections. This research focuses on analyzing the comparative legal development of constitutional law related to presidential and vice-presidential election disputes between Indonesia, Algeria, and Ethiopia. This research is a normative legal study with a conceptual, legislative, and comparative legal approach. The research findings affirm that the court is deemed to have the authority to ensure the implementation of principles in elections as part of the general principles in constitutional law, thus the court is also authorized to assess the dimension of justice in disputes over the results of the Presidential and Vice Presidential elections. The legal comparison of the regulation of presidential and vice-presidential election disputes in Indonesia, Algeria, and Ethiopia does not actually have significant differences. In all three countries, elections can also be challenged in court. The main difference lies in the effectiveness of the judicial review of the Presidential and Vice Presidential election results, where this has been quite successful in Indonesia but less impactful in addressing societal polarization as seen in Algeria and Ethiopia.
The Civil Liability of Hospitals for Malpractice Committed by Healthcare Personnel Resulting in Baby Switched at Birth Incidents Tanaya, Velliana; Putri, Intan Indriani
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): 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.v13i1.1539

Abstract

Justice serves as a fundamental goal in the legal framework governing healthcare, ensuring that victims of medical malpractice receive proper redress. This study examines the civil liability of hospitals in cases of baby-switched-at-birth incidents due to medical negligence. Despite clear legal provisions, victims often face challenges in obtaining fair accountability. Hospitals, as primary healthcare providers, are responsible for upholding professional standards to prevent malpractice and ensure patient safety. The failure to adhere to these standards constitutes an unlawful act (PMH) under Indonesian civil law, obligating hospitals to compensate for material and immaterial damages. However, inconsistencies in the implementation of patient protection laws hinder the realization of justice. Through a normative-empirical legal analysis, this study highlights the necessity of strengthening legal certainty, enforcing accountability mechanisms, and promoting non-litigation dispute resolution methods to uphold justice for affected patients. Achieving justice in medical malpractice cases requires a balanced approach between legal enforcement and ethical considerations to protect patients' rights effectively.
The Philosophy and Essence of Ustomary Law in Southeast Asia: A Comparison of Indonesia, Vietnam, Thailand Sihotang, Amri Panahatan; Arifin, Zaenal; Mac Thi Hoai Thuong
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): 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.v13i1.1647

Abstract

Customary law in Indonesia, Vietnam, and Thailand plays a crucial role in preserving social harmony and local cultural values, despite facing challenges from modernization, differences in formal recognition, and pressures from national laws and government policies. This study aims to analyze the philosophy, essence, as well as the similarities and differences in the implementation of customary law in Indonesia, Vietnam, and Thailand, reflecting the cultural, social, and spiritual values of each society. The research employs a normative legal method with legislative, historical, comparative, and philosophical approaches to examine the philosophy, essence, and implementation of customary law in Indonesia, Vietnam, and Thailand through the study of legal documents, local traditions, as well as primary, secondary, and tertiary legal materials analyzed descriptively and qualitatively. The findings reveal that customary law in Indonesia, Vietnam, and Thailand reflects the cultural, social, and spiritual values of their communities through approaches of collectivity, harmony, and sustainability, particularly in resource management and local conflict resolution. In Indonesia, customary law formally recognized in the constitution emphasizes mutual cooperation and a harmonious relationship with nature, though it often clashes with formal law. Vietnam integrates Confucian values into customary law informally recognized at the community level, but it is frequently overshadowed by centralized state policies. Meanwhile, in Thailand, despite lacking official recognition, customary law rooted in Buddhist values remains respected as a social mechanism, especially among indigenous communities. All three countries face the challenges of modernization and globalization, which threaten the sustainability of customary law as a cultural identity and a means of maintaining social and environmental balance
The Rights of Customary Law Communities to Resources: The Relationship of Coexistence of State Law and Customary Law Jayantiari, I Gusti Agung Mas Rwa; Rumiartha, I Nyoman Prabu Buana; Arjawa, I Gst Pt Bagus Suka; Laksana, I Gusti Ngurah Dharma; Indradewi, Anak Agung Sagung Ngurah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): 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.v13i1.1329

Abstract

This research aims to determine and analyze the relationship between state law and customary law regarding the rights of customary law communities to natural resources. The application of state law and customary law is a fact related to the lives of customary law communities and their areas of life which are inseparable from natural resources. Apart from constitutional recognition as stipulated in 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, various laws and regulations in the natural resources sector also provide space for regulation of customary law communities based on policies that tend to be centralized. The research method used is normative legal research with statutory, conceptual and factual approaches with qualitative prescriptive analysis. The research results found that customary law as a guideline for managing natural resources by customary law communities does not yet fully exist because the recognition of customary law communities is partial. In the perspective of John Griffith’s theory of legal pluralism, the relationship between state law and customary law is categorized as weak legal pluralism because of the dominant right to control the state through state law. Integration of coexistence between customary law and state law can only be realized if there is a law that specifically regulates customary law communities so that it is no longer determined based on the sectoral ego of various laws that regulate natural resources.
English Englsih Berlian, Hangrengga; Hibnu Nugroho; Kuat Puji Prayitno; Budiyono; Heradhyaksa, Bagas
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): 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.v13i1.1579

Abstract

The coordination between the military and civilian justice systems in Indonesia in handling the joinder of parties in criminal cases continues to face various challenges. This study aims to evaluate the effectiveness of the joinder of parties mechanism in strengthening law enforcement by examining the roles of military prosecutors (JAMPIDMIL) and public prosecutors. The research adopts a normative legal approach, involving a qualitative analysis of the implementation of relevant laws and regulations. The findings indicate that although Presidential Regulation Number 15 of 2021 concerning JAMPIDMIL has facilitated greater integration between the military and civilian justice systems, procedural inconsistencies and limited resources hinder effective coordination. The prosecution process is further complicated by conflicting jurisdictional determinations between the two systems. These issues, along with a fragmented legal framework and complex procedures, make the theory of an Integrated Criminal Justice System difficult to implement optimally. To address these challenges, a comprehensive strategy is required, including the establishment of a special committee to draft Standard Operating Procedures (SOPs), regulatory reform, and the enhancement of human resource capabilities through targeted training. JAMPIDMIL must be empowered under strict supervision to prevent any misuse of authority. These measures are expected to improve efficiency, facilitate the transfer of cases between military and civilian courts, and enhance legal certainty in joinder cases. Despite regulatory progress, aligning the prosecution functions of military auditors and public prosecutors still demands continuous and concerted efforts to achieve higher standards of justice
Corporate Social Responsibility Shouldn't Do Infrastructure? Spending and Overcoming Poverty with Graduation Model Theory Karjoko, Lego; I Gusti , Ayu Ketut Rachmi Handayani; Anom Husodo, Jadmiko; Fandra Mahira, Dararida
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): 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.v13i1.1580

Abstract

Until now there is still a lot of poverty around plantation companies such as what happened in East Kalimantan which amounted to 80,000 and in West Java almost half of the heads of families live in poverty around PT Perkebunan Nusantara VIII which is a state-owned plantation. This Study examines efforts to overcome poverty around plantation companies through corporate social responsibility using graduation model theory based on community participation. Using a socio-legal framework, empirical legal research is the study methodology used. In an attempt to combat poverty, the plantation firms' perspectives on CSR are included in the kind of primary data. Secondary data from research on CSR and Graduation Model are then added to the main data. Methods of data collecting included literature reviews and interviews. Qualitative analytic approaches were employed in the study. A definitive description of CSR, which makes it hard for many businesses to know what it really means, according to the findings. This leads to less than ideal corporate social responsibility implementation. The community believes that they are not benefiting from the presence of plantation corporations because of this. In order to combat poverty in the area of plantation firms, it is necessary to have a clear grasp of what corporate social responsibility is and to use Graduation Model Theory to empower the community. With this research, it is hoped that it can be a solution for plantation companies to carry out CSR that is more effective for the community and can erase the bad view in the eyes of the community regarding plantation companies.

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