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Jurnal IUS (Kajian Hukum dan Keadilan)

IUS
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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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NEW FORM FOR TERRORISM VIS-Ã-VIS TRAFFICKING AS CRIME IN DISGUISE Hamzah, Ani Suryani
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Jurnal IUS

The metamorphosed of trafficking crime is on the level of sophisticated, sophistication, so that the crime look ânormalâ to as if âlegalâ, the trafficking agents, making the blurring of the crime. The implication, as if the crime of trafficking in human justified. In fact, the higher the blurring of crime effort, the higher the quality of the crime. Trafficking as a hidden crime is a extraordinaryÂ crime that how to prevent and fight with extraordinary waysKeywords : Trafficking, Extraordinary Crime, Covert

LAND POSSESSION RIGHTS AND ITS AFFAIR Suwitra, I Made
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Land right control under customary law that was communal religious in nature tend to control insecular individual manner despite being controlled by the customary law. Land right registrationis motivated more by intention to transfer the land right. These two conditions may result inconflict and affect the conflict settlement. The land right registration in the context of AgrarianLaw can unintentionally result in conflict due to ignorance of the process in the customary law,or the land right is controlled using the ownership pattern as of Agrarian Law context. Thesettlement of such conflict can be done through non-litigation or litigation manner, but litigationis preferred since it is considered to give legal certainty.Key word: Land Tenure, Conflict Implication

THE ASPECT OF THE CONTRACT LAW REFORM WITHIN THE REGULATION OF INDONESIA Wagian, Diangsa
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

The research aims to study the aspect of the contract law reform within the virous regulations living in Indonesia. To obtain the purpose, the research is conducted through a legal normative study. It simultaneously applies to statute, conceptual, and case approaches. This research is conducted through a literature study towards the relevan legal materials. The results of the research elaborated in a descriptive and analytic way using qualitative methods to analyze the data. The research discovers that the norms of Contract law as stipulated in the Book III of Indonesian Code Civil have been gradually and continuously reformed by Indonesian governments since 1960. The reform is carried out partially and spread in various regulation as explained above. Therefore, nowadays in Indonesia, the contract law not only exists in the Book III of Indonesian Code Civil but also in various relevant regulations. The reform has been conducted by the government by breaking through one of the very basic principle and the backbone of contracts law, is that the freedom of contract. As a result, parties in contract have no more absolute freedom to contract or to determine the clauses of contract. Such policy made by government to protect public interest and inferior or subordinate party in a contract. Thus, the contract law nowadays shows that it is not purely private anymore but containing public aspect, where penal and administrative laws penetrate to it. Key Words: Legal Reform, Contract Law, Regulation

THE URGENCY OF RATIFYING THE 1990 INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES Adha, Lalu Hadi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

The International convention on the protection of the rights of all migrant workers and members of their families explicitly regulate the rights described in the Human Rights International Standards. Several main points of the Convention of the Rights of Migrant Workers are that these conventions contribute a normative-comperhensive frame to execute national and international migration policy based on Law provisions. Those conventions provide a right-basic approach frame but not merely a human rights agreement. The conventions built a parameter for national policy and regulations and engage an agenda to consultation and cooperation among countries on the most relevant issues such as information exchange, elimination of the unregulated migration, migrant smuggling and human trafficking. The convention covered the whole migration process of migrant workers and their family members such as preparation, departure and transit, their living in the working destination country, homecoming and reintegration at their home country or domicile country. Therefore through a normative legal study with conceptual and analysis approach, this study will further find out the urgency and motivation for the state to ratify this convention.Keywords: Urgency, Ratification, Migrant Workers.

THE IMPORTANCE OF ACADEMIC SCRIPT IN THE STATUTES FORMATTING TO REALIZE ASPIRASIONAL AND RESPONSIVE LAW Basyir, Abdul
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS

This study aims to identify and assess the importance of an academic paper on the laws formation in creating aspirations and responsive law and also to knowing the implications of law that is not accompanied by an academic paper. This type of research is normative research. The approach used to address this fundamental problem,Â namely the statute approach and conceptual approach. Academic Paper in the formation of legislation is as earlyÂ draft legislation and regulation,Â institutionalize or formalize conditions and/or events in the community into legislation. Creating aspirations and responsive law is because the law is formed starting from the bottom to the top (bottom up),Â and the product of legislation can be enforced and accepted by the community. The implications of the draft legislation that is not accompanied by an academic paper that is denied to be discussed,Â unprocedural,Â and the legislation products can be constrained when executed or enforced.Keywords: academic paper,Â The formation of legislation,Â implication.Abstrak

THE CRIMINAL POLICY FORMULATION AT LAW ENFORCEMENT PENAL FORESTRY Wirya, Astan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

The criminal policy formulation at law enforcement penal forestry on this thesis is about problem and what criminal formulation policy in tackling a forestry criminal act and what competence and effort to eliminate forestry destruction institution (LP3H) based on ordinance number 18 years 2013, regarding prevention, and elimination of forestry impairment, this research is about normative and doctrinal law and supporting by law element such premier, secondary and tarsier law. Approach system in this thesis using statue approach, conceptual approach, historical approach, meanwhile an analyze research basic law interpretation with deductive and inductive concept as the explanation, logic interpretation and systematic. The criminal policy formulation at law enforcement penal forestry has been direction through criminal law regulation (KUHP), an ordinance number 5 years 1990 regarding ecosystem resource and conservation, an ordinance number 41 years 1999 regarding forestry and ordinance number 18 years 2013, regarding prevention and elimination of forestry impairment, an criminal law enforcement policy on the ordinance number 18 year 2013 has been divide a type of criminal case, criminal responsibilities and criminality system with minimum particularly up to maximum which criminal responsibilities distinguish into personal, person to person around forestry, corporate, and government authorities. An ordinance number 18 years 2013 regarding the P3H, dedicate and declare tackling a forestry criminal act and what authority and effort to eliminate forestry destruction institution (LP3H), those institution under president supervise, institution element including Forest Ministry, Indonesian Police, Public Persecutor and others, institution structure lead by a chairman helping by some deputy such as prevention deputy broad, measures, law, and cooperation, internal supervise and community complain deputy, P3H institution has right and function for forest destruction prevention, by input the local community participate, fill up a basic resource, campaign of forest destruction. a right of law measures, investigation, pursuit, up to court interrogation. Institution P3H also has right and function to coordinate supervise a criminal forest lawsuit act.Key word : Criminal policy, formulation law and penal forestry.

THE GOVERNMENTâS ROLE IN FACING THE INJUSTICE OF GLOBAL TRADE Sood, Muhammad
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

Despite the controversy about the liberalization of trade, however the government of Indonesia has ratified the WTO provisions by the discharge of the Act Number 7 Year 1994 concerning the Agreement on establishment of the World Trade Organization. This is a fact of law that formed base on the political will of the Indonesian government to encourage the free trade system as an impact of the circulation of the vital flow of goods, services, capital and labor among countries in both the regional and global level. This change mainly supported by the development of science and technology is growing rapidly and broadly, therefore nations must work together in both the global and regional level. The benefits have been felt by Indonesia in the presence of trade between nations is successful in developing its exports, especially non-oil exports. Therefore, in international trade requires a system of international trade organization to promote the establishment of a free market, fair and open to all countries. In the world trading system, the Government of Indonesia has been struggling along with other countries actively participated success of multilateral trade negotiations within the framework of the GATT Uruguay Round in 1994, the main objective is not only focused on free trade but also fair trade. For the agenda, the Indonesian government has taken some steps of deregulation and de-bureaucratization to improve efficiency of the national economy. The program will continue to be struggled as a strategic step and is the increase of non-oil exports in order to achieve the goals of economic development in Indonesia.Keywords: Government role, trade globalization, international trade

JURIDICAL STUDY ON THE TRANSFORMATION OF PT. ASKES (PERSERO) INTO THE SOCIAL INSURANCE MANAGEMENT AGENCY ON HEALTH Hartati, Widya
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

Social insurance management is a state responsibility as mandated in the 1945 Constitution (UUD 45). With the law of BPJS being issued as the managing and executing agency of National Social Security System (SJSN), PT ASKES Persero has been transformed into The Social Insurance Management Agency on Health (BPJS Kesehatan). The findings show that at the early stage after transformation and the BPJS Kesehatan began to operate, the programs managed by PT. ASKES (Persero) were transferred as the programs of BPJS Kesehatan through National Health Insurance Program (JKN). This transformation will cause the changing in the status of PT. Askes (Persero) from being Persero State-Owned Company (BUMN) into a public legal agency that directly reports to The President of Indonesia. The characteristics of BPJS Kesehatan are different from other BUMNs that seek profits. This agency works primarily on community service. The insurance money collected from the insured participants is managed at its best for the participantsâ sake. Although this transformation was well prepared and implemented as the planned mechanism, at the practical level this program still has several issues related to the transformation i.e. lack of socialization and promotion, lack of service facility, inaccurate data, and the lack of health personnel. Keywords: Transformation, BPJS Kesehatan, PT. Askes (Persero)

FASTENING TRANSFER OF TECHNOLOGY THROUGH THE FRANCHISE AGREEMENT Asikin, Zainal
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

The major improvement of franchise practices in Indonesian within the last 10 (ten) years has speeded to many region. Yet the government and local government under informed about the exact concept and regulation of franchise. Therefore this research meant to find out the concept of franchise and how the government regulate franchise agreement and its relation with transfer of technology. This research in a normative research as a way to depth study legal norms in various primary and secondary legal sources in Indonesia. In fact, in Indonesian the practice of franchise has developed widely without having a particular law to regulate formulate a law to regulate franchise particularly, as the regulation in form of governmentÂ regulation (PP No. 42 of 2007) is inadequate to solve the complex legal problem of franchise practice.Keyword : franchise, agreement, transfer of technology

THE COMPETENCE OF HONORARY BOARD OF THE GENERAL ELECTIONS TO AMEND THE DECISION OF THE GENERAL ELECTION COMMISSION OF THE PROVINCE OF EAST JAVA (A Case Study on the Decision NO. 74/DKPP-PKE-II/2013) Sekartadi, Lalu Kukuh
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

The research aims to study the standing of the Honorary Board of The General Elections within the execution of the general election and the legal force of the decision of the Honorary Board of The General Elections to revise and annul the decision of the Honorary Board of The General Elections of the Province of East Java. This is a normative research. It applies statutory, conceptual and case approach. It also uses primary, secondary and tertiary legal materials. To collect legal materials, it employs literature study and furthermore is organized descriptively and analyzed qualitatively. The research shows that the standing of the Honorary Board of The General Elections parallel with the general elections commission and supervision board of general election, where the general elections commission and supervision board of general election are the executor of general elections, and the Honorary Board of The General Elections is assigned to enforce the code of conduct of the executors of general elections themselves. The legal force of decision of the Honorary Board of The General Elections is binding and executable and therefore there is no legal remedy can be taken by the party found guilty of disobeying code of conduct. Yet, in the other hand, control and clear rules in other that the Honorary Board of The General Elections can perform its duties in accordance with its function and authority consistently. Keywords: the Honorary Board of The General Elections, the General Elections Commission, the Supervision Board of General Elections.

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jurnalius

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Kota mataram,

Nusa tenggara barat

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