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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 715 Documents
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The Civil Society Engagement in Malaysian National Education System: How the Organizations Should Be Seek Justice in Multi Racial Society? Ajis, Mohd Na’eim; Zakaria, Razman; Yusoff , Kamarul Zaman
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (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.v13i2.1645

Abstract

Civil society exists due to a democratic state system, which guarantees freedom of movement, gathering and voicing aspirations. The role of civil society in national development has become an important element, especially in the education sector. This article discusses the influence and involvement of civil society in the country’s education policy. The focus of the study is to see the extent of the role and expectations of civil society in Malaysian National Education Policy. The research methodology is qualitative by using face-to-face interview as a research method. The informants were selected from civil society experts and representatives who advocated national education. The results of the study found four main influences of the involvement of civil society in changing the national education policy. First, civil society acts as a social control and balancer of government decisions in the education system. Second, a role in the structural improvement in the education system. Third, as a change agent of education policy, and finally it acts as a driving force for social justice in the education system in Malaysia. In conclusion, civil society plays an important role in changing the country’s education policy. That role has become a check and balance on any policy making and implementation related to national education issues.
The Concept of Corporate Criminal Liability in the Indonesian Criminal Law System Saipudin, Lalu; HS., Salim; Rodliyah, Rodliyah; Wulandari, Laely
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (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.v13i2.1817

Abstract

The development of corporations as main actors in economic activities brings significant impacts, both positive and negative on society and the environment. The phenomenon of corporate crime that harms the state, the public, and the environment drives the urgency of reforming corporate criminal liability in the Indonesian criminal law system. This study conceptually examines corporate criminal liability through a normative juridical and comparative approach, analyzing doctrines of criminal liability such as strict liability and vicarious liability (Article 37 of Indonesia’s new Criminal Code), as well as exploring the development of other liability models like corporate culture, identification theory, and management failure, which are relevant for application in Indonesian Criminal Law. In Indonesia’s new Criminal Code (KUHP), the recognition of corporations as criminal law subjects and their criminal liability is regulated under Articles 45 to 49, although normative problems persist concerning fault boundaries, structural relationships, criteria, and limitations of criminal liability. The study’s findings indicate that corporate punishment demands a legal system that is adaptive, and accountable, and considers organizational structure and internal corporate culture while upholding the principles of justice and proportionality in criminal law. By adopting contemporary theories and strengthening norms in sectoral laws, the corporate criminal liability system is expected to be able to provide deterrent effects and more effective protection for public interests.
Konsep dan Perlindungan Hukum atas Tindakan Administrasi Pemerintahan Berupa Tidak Melakukan Perbuatan Konkret (Omission) Asimah, Dewi; Erliyana, Anna
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (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.v13i3.1520

Abstract

After the enactment of Law No. 30 of 2014 on Government Administration (Government Administration Law or abbreviated as UU AP in Indonesian) and Supreme Court Regulation (Perma) No. 2 of 2019, the authority of the Administrative Judiciary has expanded. The Administrative Judiciary adjudicates disputes related to administrative decisions and handles disputes related to government administrative actions (Factual Conduct). Actions that can be sued include active (performing concrete/Factual Conduct - commission) and passive (not performing concrete/Factual Conduct-omission) actions. Although Government Administration Law and Supreme Court Regulation do not provide detailed explanations regarding the meaning and criteria of passive government actions, based on studies, several criteria can be used to assess whether passive government actions can be considered unlawful. These criteria include the existence of a legal obligation that must be performed by an administrative official. The action is within the scope of their authority, the official intentionally does not fulfill the obligation, the action violates legislation and legal obligations, or the plaintiff’s subjective rights, and the existence of a permissible claim for actual damages. In terms of legal protection, citizens can file a lawsuit in the Administrative Court against the failure of a government body or official to perform a concrete action. However, in practice, various problems still arise, such as the time limit for filing lawsuits, the obligation to pursue administrative remedies first, and issues related to the tacit authorization concept.
Critical Legal Analysis on Medicine or Vaccine License for Strengthening Access to Justice in Indonesia: A Case of Corona Vaccine Licensing Sujatmiko, Agung; Anand, Ghansham; Romadhona, Mochamad Kevin
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (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.v13i3.1759

Abstract

This study examines the issue of voluntary licensing for COVID-19 vaccines as a case study to understand the interaction between patent protection, contractual obligations, and accountability mechanisms during a public health emergency. Although the debate on vaccine import and export is no longer central in 2025, analyzing voluntary licensing practices from the pandemic period remains relevant for evaluating the legal and governance frameworks applied at that time. The research focuses on the licensing agreement between PT Bio Farma (Persero) and Sinovac Biotech Co., which played a crucial role in Indonesia’s vaccine procurement and production. The analysis explores how the patent regime regulated under Law Number 13 of 2016 on Patents structured the rights and obligations of the parties, including risk allocation, liability provisions, and the licensor’s responsibilities regarding the safety and performance of the vaccine. Using a statutory and conceptual approach, this study argues that voluntary licensing during the pandemic was not merely a technical mechanism for transferring patent rights, but also a process intertwined with transparency requirements, risk mitigation, and legal protection for the state and end-users. The findings aim to contribute to the body of knowledge on health governance, patent licensing in emergency situations, and the development of more accountable vaccine procurement models for future health crises.
LIMITASI LIVING LAW SEBAGAI ASAS LEGALITAS MATERIL DALAM PEMBARUAN HUKUM PIDANA Purwandiny, Dessy Adhya; Jullyan, Rendy Erianto; Satriawan, Arnezul Achmad; Malie, Adi Muliawansyah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (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.v13i3.1773

Abstract

The reform of criminal law constitutes an unavoidable response to the dynamic development of societal values and demands for justice. The enactment of the New Criminal Code, particularly the recognition of living law in Article 2, has generated fundamental debate concerning its implications for the principle of legality. This article aims to examine the philosophical and normative foundations of the inclusion of living law and to critically analyze the appropriate limitations of living law as a manifestation of material legality within the framework of criminal law reform. This study employs normative legal research using a statutory approach and a conceptual approach. The analysis of Article 2 of the New Criminal Code is conducted through systematic interpretation, by positioning the living law clause within the overall structure of the criminal law system, and teleological interpretation, by examining its objectives in balancing justice and legal certainty. The study is grounded in legal positivism and the doctrine of legal certainty as its primary theoretical analytical tools to assess the coherence of living law with the fundamental principles of legality, particularly lex certa, lex stricta, and lex scripta. The findings indicate that the principle of legality in the New Criminal Code is formulated in a material sense by acknowledging legal values that live and develop within society, in line with Article 28 of the Law on Judicial Power, which obliges judges to explore and understand the living values of law and justice. Nevertheless, the recognition of living law without clear normative boundaries poses a potential risk to legal certainty and predictability in criminal law enforcement. Therefore, this article argues that living law must be strictly limited through formal regulation at the provincial level, as mandated by Article 2 of the New Criminal Code. Such limitations are essential to ensure the protection of customary law maintained by Indigenous Communities while simultaneously safeguarding the principle of legality as the core foundation of criminal law.
Legal Basis and Readiness of the Banking Sector in Implementing Privacy Reliability Certification Amirulloh, Muhamad; suparman, Eman; Novianty Muchtar, Helitha; Hasanah, Hetty
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (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.v13i3.1777

Abstract

There is a disharmony between PBI PKBI and PADG PKBI with the PDP Law, P2SK Law, SPK Law and PBSSN Common Criteria in terms of regulating the obligation to use privacy reliability certificates by financial sector business actors under BI, so that there are many cases of customer personal data breaches. By using normative and empirical juridical methods, this study analyzes efforts to harmonize the regulations related to privacy certification obligations in the financial sector under BI. The results of the study show that with grammatical, systematic, and teleological legal interpretation, PBI PKBI and PADG PKBI can be harmonized regarding the privacy reliability certificate as the legal object in question and the nature of the regulatory norms, but it is not harmonized regarding the status of the privacy reliability certificate as a mandatory SNI, because both PBI PKBI and PADG PKBI as technical regulations in the perspective of the SPK Law have not stipulated SNI ISO 15408-2, 15408-3, or 15408-5 as the referenced standard.
Separated State Assets in BPI Danantara and Its Relevance with Business Judgment Rules SantosaAnak Agung Gede Duwira Hadi Santosa, Anak Agung Gede Duwira Hadi Santosa; I Made Sarjana, I Made Sarjana; I Made Marta Wijaya, I Made Marta Wijaya; Carmelita Vondra Wijaya, Carmelita Vondra Wijaya
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (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.v13i3.1805

Abstract

The Law Number 1 Year 2025 on the Third Change of Law Number 19 Year 2003 on State-Owned Enterprise (“Amended SOE Law”) became the legal foundation of BPI Danantara’s birth. Being Indonesia’s new Sovereign Wealth Fund to boost national economic performance and public welfare, BPI Danantara carries strategic importance, especially in consolidating SOE dividends and State assets investments. However, the fund’s dual legal character which is public in ownership but private in operational structure raises serious questions about asset status, liability, and governance. This paper found that separated state assets in BPI Danantara constitute state finances, and the Business Judgment Rule (BJR) is not a suitable framework for managing these assets. Even if legal protections such as the BJR are in place, a lack of structural safeguards and transparency mechanisms can undermine investor confidence and trigger legal disputes. To address the norm conflict, this paper proposes a two-pronged approach under a normative legal method: (1) legislative clarification on the status of separated state assets under both finance and corporate law; and (2) codified governance mechanisms that ensure oversight without stifling legitimate business risk-taking. Such reforms would offer BPI Danantara directors the confidence to act decisively under BJR while ensuring accountability standards expected of stewards of public wealth.
Imposition of Zero Percent Royalty for Mining Companies Increasing the Added-Value of Coal in Indonesia Pawestri, Widhayani Dian; Salim, Katherine Abidea; Suminaring Aditya, Kukuh Leksono
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (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.v13i3.1827

Abstract

Indonesia is a country rich in natural resources. The 1945 Constitution provides a mandate for the Government to manage natural resources within the jurisdiction of the State for the greatest prosperity of the people. In mining sectors, Indonesian Government requires mining companies to conduct activities to add value to coal that will provide more benefit for low-quality coal and reduce carbon emissions from the use of processed coal. To support this activity, the Government imposed a zero percent royalty policy. The purpose of this study is to analyze changes in royalty policy in Indonesia and to analyze the most beneficial profit-sharing system to be used in Indonesia. This research is legal research that uses a statutory approach, conceptual approach, and comparative approach with China and Australia to analyze the principle and regulations related to royalty and profit-sharing policies in the coal mining sector. This policy has the possibility to give impacts that will give both benefits and disadvantages that must be anticipated by the Government. The profit-sharing system that will give the maximum benefit for Indonesia is the royalty system which also reflects the principle of State control of natural resources as mandated by the 1945 Constitution
Implications of Constitutional Defiance of Constitutional Court Decisions by Lawmakers Pratiwi, Wiwit; Isra, Saldi; Simabura, Charles; Fahmi, Khairul
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (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.v13i3.1837

Abstract

Law Examination, when associated in the context of upholding the supremacy of the constitution, does not only stop at canceling a norm of law that is contrary to the constitution, but also how the cancellation decision is then obeyed and implemented. This is because the nature of the Constitutional Court Decision is final and binding. The problem that then arises is when looking at the final and binding nature of the Constitutional Court Decision from the aspect of law in action. It is still found that the Constitutional Court’s decision is not implemented consequently by the legislators, namely by reviving the norms that the Constitutional Court has annulled in the laws to be formed or new laws. The research method used is a normative legal method, which is carried out by collecting primary, secondary, and or tertiary legal materials. The results of the study show that the final and binding nature of Constitutional Court decisions erga omnes requires all state institutions to consider the annulled norms as invalid and to follow up on them without exception. However, the study found that constitutional defiance still occurs in the form of disregard or revival of norms that have been declared unconstitutional, which triggers legal uncertainty and weakens the authority of the constitution. Therefore, stronger implementation mechanisms are needed, including post-decision compliance, constitutional impact assessment, continuous monitoring, and the application of a judicial preview model to ensure the effectiveness of Constitutional Court decisions.
Justice and Sustainability: Legal Perspectives on Mining and Tourism in Raja Ampat Mulyani, Basri; Helmi, M.
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (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.v13i3.1840

Abstract

The centralization of mining management as stipulated in Law Number 2 of 2025 concerning Mineral and Coal Mining has created various problems in its implementation, including environmental damage, corruption of mining permits, and degradation of the existence of indigenous communities. In the context of the implementation of regulations on mining permit management in tourism areas, as occurred in Raja Ampat, it threatens the existence of sustainable tourism that depends on the natural beauty and diversity of marine biota. This research is a normative legal research that also orients the socio-legal aspects to assess the impact of mining exploration permits in the Raja Ampat tourism area. The approach used in this research is a statutory regulatory approach and a conceptual approach. The purpose of this study is to explain the urgency protection law to area tourism based natural from activity extractive mining. The results of this study confirm that mining activities in the Raja Ampat tourism area are contradictory and cannot go hand in hand because the existence of mining in the Raja Ampat tourism area degrades the environment that is the backbone of ecotourism-based tourism. Protection of sustainable tourism areas from mining activities is urgently carried out by including the Raja Ampat tourism area in a conservation area as regulated in Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and the Constitutional Court Decision Number 35/PUU-XXI/2023, which affirms that small islands and coastal areas must be protected from extractive activities such as mining to preserve environmental sustainability and the rights of local communities.

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