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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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Blue Carbon Policy Direction in Optimizing the Potential of Coastal Areas Mulya, Josua; Naiborhu, Netty; Rini, Nicken; Vico, Nanda
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.v13i1.1585

Abstract

The potential of coastal areas through coastal and marine ecosystems is very important to minimize the increase in carbon emissions by becoming a means of carbon absorption through the blue carbon mechanism. Blue carbon has the potential because of its role in carbon sequestration to minimize the impact of the climate crisis. Unfortunately, the potential of blue carbon through coastal areas is not in line with policies that do not manifest optimal environmental optimization. To maximize the potential of blue carbon and protect coastal ecosystems, it is necessary to reorient derivative policies and revoke policies that have the potential to threaten coastal ecosystem areas. The method used in this study is normative juridical, with a policy approach and a conceptual approach. This research is based on the hypothesis that the central government demonstrates insufficient resolve about determining and implementing efforts to optimize coastal areas, with an economic orientation that emphasizes coastal ecosystems leading to policy directions towards exploitation rather than conservation. Thus, the direction of the blue carbon policy is expected to be synchronous and optimal to explore the potential of Indonesia’s coastal areas and contribute to significantly reducing the impact of the climate crisis.
Exploring The Dynamics of Insurgency, Belligerency, and Liberation Movements with The Organization of Papua Merdeka Satriyo Kusumo, Ayub Torry
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.v13i1.1590

Abstract

International Law has developed significantly as there are new subjects in International Law. The rebellion groups that arise from time to time become an important matter to be discussed in the field of International Law, particularly in International Humanitarian Law. The rise of OPM in Indonesia is one of the cases to be studied in international law. This paper aims to analyze the status of OPM in Indonesia from the point of view of International Law. The analysis was elaborated on from the study of insurgency, hostility, and national liberation movements, followed by a legal study to determine the status and position of the OPM. This is a narrative review of literature and the sources are from scientific writings, case reports, and international law literature supported by news and written opinions of legal experts relevant to the subjects discussed. The information from those sources was extracted, classified, and analyzed quantitatively to answer the research question. This study concluded that, despite its history and tactics, the analysis finds that the OPM is not a national liberation movement or belligerent entity under international law. As an internal uprising, OPM must observe Indonesian law. The study emphasizes the need to address the political, economic, and social issues fueling the conflict to find a long-term solution. The Indonesian government should address Papua’s social and economic issues, and Clarifying international law on self-determination is also crucial to avoid misunderstandings that could favors separatist aspirations
The Status of Property Granted in The Provisions of Bankruptcy Law in Indonesia Suryanti, Nyulistiowati; Yuanitasari, Deviana; Kusmayanti, Hazar
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.v13i1.1593

Abstract

In carrying out their obligations to pay debts, Debtors often make various efforts to avoid having their assets being included in the guarantee of payment. Moreover, Debtors occasionally contrive, by providing grants, their assets in the bankruptcy decision to not be subsumed in the bankruptcy court. The aim of this research is to analyze how the arrangements for giving grants made by Bankrupt Debtors are reviewed from the Civil Code and Bankruptcy law as well as the role of the Curator in protecting Creditors and Debtors in the bankruptcy process. This research uses a normative juridical approach, where library data or secondary data is the main data, in addition to being supported by field data. The research results show that in the context of bankruptcy law, grants are an action that must be paid close attention because it can be said to be a legal action that is not required. If the Debtor gives away assets before being declared bankrupt, it can be indicated as an effort to avoid confiscation of collateral by the court. The curator has the authority to include a gift in the list of bankruptcy estates that will be sold to pay the debtor’s debts to his creditors. In such cases, the Curator can file an Actio Pauliana lawsuit with the commercial court to cancel the gift so that the assets can be included in the bankruptcy estate list. This study provides a focused examination on the legal status of gratuitous transfers in Indonesian bankruptcy law—a subject that, despite its practical urgency, remains underexplored compared to broader studies on bankruptcy proceedings or creditor protections.
Hindu Women’s Right to Property in Bangladesh: A Grave Denial of Gender Justice Khatun, Rafea; Ahmed, Shakil
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.v13i1.1596

Abstract

With the orthodox Hindu legal system in Bangladesh, there have been substantial pessimistic arguments around Hindu women’s property rights. Due to the dominance of patriarchy within the community, intra-religious subordinate complexity, and age-old customary practices, Hindu women have been deprived of their intended advantages, which has resulted in a blatant disregard for the rights guaranteed by the sacred provision of the constitution of Bangladesh and the international human rights norms, particularly concerning the twin ideals of equality and non-discrimination. The outcome also significantly affected their potential to exercise and enjoy property rights, which is considered one of the most effective means of empowerment and advancement, both from the context of their economic independence and self-determination. Proactively taking into account the aforesaid context through a systematic review of the existing literature and statutory norms, this paper aims to identify the byproducts of gender-based disparity, focusing on discriminatory property rights of Hindu women in Bangladesh. The paper strives to assert a firm stance against the violation of gender justice in Hindu women’s property rights. Also, with functional distributive fairness guaranteed in society as a whole, this endeavour will forge an emphatic voice for the inclusion of gender-neutral property rights.
Presidential Partisanship in Indonesian Elections: A Legal and Ethical Analysis Zuhdi, Achmad; Suparman, Eman; Perwira, Indra; Nguindip, Nana Charles
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.v13i1.1635

Abstract

Presidential involvement in electoral contests in Indonesia has increasingly raised concerns regarding the neutrality and integrity of democratic processes. Instances such as the politicization of social assistance programs, the strategic appointment of acting governors, and the active participation of ministers in campaign activities have highlighted the pervasive use of state resources for partisan interests. This study examines the permissibility of presidential political partiality in electoral contests from legal and ethical perspectives. Employing a normative legal research method with a statute and analytical approach, the study analyzes primary legal sources, including the 1945 Constitution and relevant electoral regulations, as well as secondary scholarly materials. The findings reveal that presidential partisanship is legally and ethically unjustifiable. Legally, procedural mechanisms, such as the requirement for mandatory leave during campaign activities, fail to guarantee factual neutrality and enable covert partisanship. A systematic and teleological interpretation of Article 299 paragraph (1) of the Election Law demonstrates that the right to campaign applies exclusively to presidents running as candidates, not to incumbents who are not contesting. Ethically, presidential partiality violates principles of impartiality and moral legitimacy, undermining the president’s role as a unifying symbol of national integrity. The study emphasizes the urgent need for regulatory reforms and ethical standards to reinforce fairness and uphold public trust in Indonesia’s electoral process.
Empowering Local Workers To Resolve Social Conflicts In West Aceh District’s Palm Oil Sector Jamaluddin; Marlia Sastro; Ramziati; Yusrizal; Sela Azkia; Yahya, Azhari
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.v13i1.1637

Abstract

This study starts with the existence of social conflict and the importance of resolving social conflict between oil palm plantation companies through the empowerment of local workers. For the sustainability of the oil palm plantation business and improving people’s welfare. Article 74 paragraph (2) of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) and Article 2, paragraph (1) letter e of Law Number 19 of 2003 concerning State-Owned Enterprises. Although efforts to resolve the conflict between the community and oil palm plantation companies in West Aceh have been made, the conflict has not been resolved until now. This study aims to analyze the obstacles to resolving social conflict between the community and oil palm plantation companies in West Aceh. This study uses a sociological legal approach to look more deeply at the effectiveness of law in society. The study uses primary data and secondary data as well as field data in West Aceh. The results of the study indicate that the obstacles to resolving the conflict between the community and oil palm plantation companies in West Aceh are because many productive-age villagers are not working and the empowerment program is not running effectively. This study produces a model for empowering local workers through CSR budgets to provide job training to productive age people aged 18-35 years so that productive age people have skills that can encourage them to live independently and improve their quality of life.
Exploring Women’s Housing Challenges: Legal and Policy Solutions for Women’s Access to Adequate Housing Sohaimi, Nor Suzylah; Ismail, Nur Syakiran Akmal; Mega Nisfa Makhroja; Norhanizan Sahib; Ahmad Zuhairi
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.v13i1.1643

Abstract

Women face significant challenges in accessing affordable and adequate housing, particularly in developing countries where discriminatory practices, gender inequality, and restrictive legal frameworks persist. Despite housing being recognised as a fundamental human right by international laws, many women around the world continue to face insecurity in this area. This issue remains largely underexplored, even though it directly impacts women’s economic and social well-being, safety, and overall quality of life. This study seeks to explore the patterns of research on women’s housing issues, identify the global challenges faced by women in accessing housing, and provide suggestions for the adoption of international practices and regulations to overcome these barriers. The research was based on a systematic literature review (SLR), which critically examined global studies on women’s housing to understand the core issues and solutions proposed by various nations. Key findings indicated that women encounter major obstacles, such as housing insecurity, gender inequality in housing access, and risks related to safety, including sexual violence. International practices, such as the Housing First model, gender-sensitive urban planning, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), offer frameworks to mitigate these issues. Policy recommendations include the enforcement of anti-discrimination laws, expansion of affordable housing programmes, and the provision of integrated support services for women facing housing insecurity.
The Substantive Justice in Regional Elections: A Philosophical and Sociological Comparison of Asian, European, And African Countries Nurlaily, Nurlaily; Minin, Agusta R.; Samararatne, Dinesha
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.v13i1.1656

Abstract

Substantive justice in regional elections, which focuses on election outcomes that reflect social justice, inclusiveness, and fair distribution of power, requires a contextual approach in Asia, Europe, and Africa to address the unique challenges of each region and create more inclusive and just political systems. This study aims to explore the philosophical and sociological understanding and application of the concept of substantive justice and its impact on political representation and inclusiveness in regional elections in Asian, European, and African countries. This study uses normative legal methods with legislative, conceptual, and comparative approaches to analyze the concept of substantive justice and its application in regional elections in Asia, Europe, and Africa, relying on qualitative analysis of primary, secondary, and tertiary legal materials. The results of the study show that substantive justice in regional elections focuses on outcomes that reflect social justice, equality, and inclusiveness, with highly contextual applications in Asia, Europe, and Africa. In Europe, this concept is influenced by John Rawls’ theory of justice as fairness, with a proportional electoral system that is effective in representing the diversity of society. In Asia, values ​​of social harmony and cultural plurality influence the implementation of substantive justice, although challenges such as money politics and social inequality remain significant. In Africa, the philosophy of Ubuntu encourages community solidarity, but obstacles such as corruption and ethnic conflict hinder its implementation. In general, affirmative action policies, ongoing reforms, and public education are needed to strengthen inclusiveness and political representation at the local level in various regions.
Dari Lembaga Eksekutif ke Komisi Independen: Perkembangan Penuntutan Kejahatan dan Pelajaran dari Indonesia Bayanullah, Muhammad; Khusaini, Moh.; Madjid, Abdul; Wahyudi, Slamet; Jameelah, Mariyam
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.v13i1.1664

Abstract

This study aims to analyze the impact of political dynamics on institutional independence in criminal prosecution processes, focusing on the Corruption Eradication Commission (KPK) and the National Human Rights Commission (Komnas HAM) in post-1998 democratic transition Indonesia. The central issue examined is how constitutional weaknesses are exploited by lawmakers to manipulate institutional design, thereby undermining the capacity of these bodies to function independently. Utilizing a socio-legal methodology that integrates legal analysis with social science perspectives, this interdisciplinary approach explores the interplay between institutional frameworks, regulatory structures, and political dynamics. The findings reveal that the concept of the unitary executive, previously abandoned, has reemerged as a justification for political intervention in institutional design. Consequently, both the KPK and Komnas HAM have experienced a significant erosion of their institutional independence, impairing their effectiveness in addressing corruption and human rights violations. This study contributes to theoretical debates on institutional challenges in emerging democracies and offers practical insights for safeguarding institutional autonomy to ensure the accountability and integrity of governance structures.    
Reform of Islamic Inheritance Law: The Influence of Customary Law on the Institution of Wasiat Wajibah in Islamic Law Fatahullah; Adi Sulistiyono; Burhanudin Harahap
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.v13i1.1695

Abstract

This research aims to investigate the status of the deceased's close relatives, including adopted children, illegitimate children, and children of diverse religions, within the family structure and their legitimate legal standing, thereby establishing their entitlement to inherit the decedent's property. Nonetheless, the viewpoint of the inheritance legal framework in Indonesia about the status of these immediate relatives is markedly distinct. The employed methodology is a normative or doctrinal legal study utilizing a legislative approach and analysis. Wasiat wajibah is an institution in Islamic law in Indonesia to address the problem of differing paradigms between customary law, which recognises all positions and rights of adopted children, and Islamic law, which "only" recognises adoption but does not allow mutual inheritance. The underlying thought of wasiat wajibah in Islamic jurisprudence is intended to provide a sense of justice to adopted children or those close to the heir, but they are religiously barred from inheriting a share of the inheritance. Finally, the mandatory will through Article 209 of the Compilation of Islamic Law (KHI) has filled the ambiguity in Islamic law by granting 1/3 of the inheritance to the adopted child from the property left by the adoptive parents. It is necessary to set standards for the future implementation of mandatory wills to ensure that judges' interpretations of these documents do not negatively impact the interests of the principal heirs.

Page 69 of 71 | Total Record : 702

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