Jurnal IUS (Kajian Hukum dan Keadilan)
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
Articles
702 Documents
THE SETTLEMENT OF THE DISPUTE OF âCOLLECTIVEâ VIOLENCE BY THE POLICE
Yusran, M.
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Jurnal IUS
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (254.469 KB)
|
DOI: 10.12345/ius.v1i3.253
Indonesia Republic State Police is a tool that plays a role in maintaining state security and public order, enforce the law and provide protection, guidance, and service to the community within the framework of maintaining internal security â. According to Police Act Number 2 of Year 2002 in Article 18 explained that the police were given the authority under certain circumstances to do according to his own judgment or be known as a functional discretionary powers which puts persons of police as a central factor in law enforcement. Discretion is the authority of the police to make a decision or choose different actions in resolving issues of law or violation of criminal cases are handled. Police discretion is an authority given to the police, to make decisions in certain situations that require separate consideration and involves moral issues and lies within the boundary line between the legal and the moral. One of the scope of police discretion is collective violence. Collective violence is violence committed by a group of people who performed together , this collective violence associated with irrationality, emotionality and impersonation individuals who escape the social restrictions of a social organization. Individuals who are in a group / crowd considered mimic each other, so that mutually reinforce and enlarge emotionality and irrationality of others Keywords : Policing , Discretion , Collective Violence
CONCEPT OF RULE OF LAW IN RELATED TO FREISS ERMERSSEN AUTHORITY ON WELFARE STATE
,Sh, Rusnan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (252.318 KB)
|
DOI: 10.12345/ius.v2i4.153
The History of welfare stateâs emergence, which explains when the concept of rechtsstaat was introduced in the 19th century and beginning of 20th century the circumstances was dominated by the idea that state and government is passive or intervention absence in citizen affairs except in public interest such as war and foreign relations. State only considered as ânachtwacther stateâ which means night watchman state, these ideas according to the prevailing of economic liberalism concept at that time were in control of âLaissez faire, laissez allerâ argumentation means if every person was given the freedom to take care of each economy, the State economy itself will be healthy. But the result of liberalism, in 1931 economic crisis emerged, thus demolishing world economy. To cope with the economic crisis state aid is needed and resulting the state began entering public life and since that the theory of welfare state growing rapidly. Type of welfare state or modern state law explains that the principal tasks of the state is not only in law enforcement but also to achieve social justice (social gerechtigheid) for all the people, to reach that the public administration needs freedom (freiss Ermessen) or pouvoir discretionaire in carrying out its functions (bestuurszorg). As a logical consequence of widespread state intervention in all aspects of peopleâs lives in a welfare state it would appear the issues in the government conduct due to Freiss Ermerssen given by the public administration in making public policy, generate possibility of arbitrary action against citizens. But keep in mind that the Freiss Ermessen is to resolve the problems that appear suddenly as a consequence of crisis. Kaywords : Rule of Law, Freiss Ermessen, Welfare State
PRINCIPLE MEDIATION OF DOMESTIC VIOLENCE AS CRIMINAL ACT
Wijaya, Sandy Ari
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (253.376 KB)
|
DOI: 10.12345/ius.v2i6.185
Penal mediation is a process of extra judicial settlement for criminal case. The application ofpenal mediation on criminal law is to give the justice and protection to the victims of which it isnot accommodate by legality aspect in Indonesia criminal law. The existence of penal mediationprinciple with legal certainty affect the domestic violence (KDRT). The inconsistence continueswhen the penal mediation process relevance is applied to serious domestic violence that violate thehuman rights. The legality principle and human rights must be aligned with the penal mediationprinciple associated with domestic violence (KDRT) to reach ideal justice in the substance ofvictim protection in the domestic violence law, and in general the alignment of the new substancein Indonesian Criminal Code (KUHP) to protect the values and spirit of Indonesian country.Key word: penal mediation principle, legality, domestic violence ( KDRT), HumanRights
THE STATUS AND FUNCTION OF THE PROVINCIAL WAGE COUNCILS IN THE ARRANGEMENT OF THE PROVINCIAL MINIMUM WAGE IN THE PROVINCE OF WEST NUSA TENGGARA
Nugrahayu, Zainun Zakiya
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (338.839 KB)
|
DOI: 10.12345/ius.v3i8.211
This research intends to study the status and function of the provincial wage councils in the arrangement of the provincial minimum wage. This research uses both statutory and conceptual approach. The object of it is the regulation of the arrangement of provincial minimum wage. The resources of the research are statutes, books, papers and other supporting references which deductively and normatively analyzed. The result of the research shows the followings: firstly, the arrangement of the provincial minimum wage complies with the provisions stipulated in the Labor Act, even though specific government regulation on this matter has not been released yet.; Secondly, the provincial wage councils of the province of West Nusa Tenggara plays important role as agency technical functionary giving governor advice and consideration before he decides the provincial minimum wage. Yet, the recommendation given by the provincial wage councils has not any binding power or legal power in the arrangement of provincial minimum wage. The provincial wage council has not also coordinative authority with the wage councils at different level.Key words: the provincial minimum wage, the provincial wage councils.
JURIDICAL STUDY OF THE MANAGEMENT OF SELAPARANG FORMER AIRPORT BY PT. ANGKASA PURA I
Rusphitawati, Fransiska Lidya
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (271.99 KB)
|
DOI: 10.12345/ius.v1i2.244
This research aimed to study or analyze the state capital participation in PT. Angkasa Pura as a legal body (Company of the state/ BUMN) based on the positive law of Indonesia, to study and analyze the legal status of the former Selaparang Airport which managed out of its function and to study and analyze the assets hand over of former Selaparang airport which managed out of its function. This thesis occupied the juridical-normative and juridical-empiric research method. From several problem formulations concerning the management of the former Selaparang airport writer concludes that the capital participation on PT. Angkasa Pura as the company of the state (BUMN) based on Indonesiaâs positive law particularly laid on the regulation of the government of the Republic of Indonesia number 38 of 1999 concerning addition on the state of Indonesia capital participation into the share of the state limited company (PERSERO) PT Angkasa Pura I and the regulation of the government number 19 of 2002 concerning addition on the state of Indonesia capital participation into the share of the state limited company (PERSERO) PT Angkasa Pura I. Legal status of the former Selaparang airport is still under the occupation of the transportation department which managed by PT Angkasa Pura I. The assets hand over of PT Angkasa Pura I is regulated in the regulation of the government number 38 of 2008 concerning management of property of the state/region. In fact in the management of the former Selaparang airport by PT Angkasa Pura I there is no assets hand over have been done.Keywords: Management, Former Selaparang Airport
THE EMPLOYMENT DISPUTE SETTLEMENT ACCORDING TO LAW NUMBER 43 OF 1999 ANALYZED FROM THE EMPLOYMENT AND ADMINISTRATIVE YUDICIAL SYSTEM
Ihsan, Lalu
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (327.563 KB)
|
DOI: 10.12345/ius.v2i5.176
This paper aims to look at the staffing dispute resolution pursuant to Act No. 43 of 1999 in terms of aspects of employment law and the system of Judicial Administration. Existence Personnel Advisory Board in the resolution of employment disputes, competency State Administrative Court and State Administrative High Court in the resolution of employment disputes and the status of the decision. Personnel Advisory Board and the position of the State Administrative Court judgment in the resolution of employment disputes. Normative legal research, analysis departs from the laws that describe the legal aspects related to the employment dispute resolution. Approach (statute approach), a conceptual approach (conceptual approach), approach the case (case approach). So that the position can be known BAPEK. Provide consideration to the president in the imposition of disciplinary punishment to the civil servants who are administratively BAPEK as body functioning decide administrative appeals filed by civil servants. Competence of the Administrative Court in the resolution of employment disputes, receive examine and decide disputes unrelated personnel by imposing rules violations Servants Discipline, and the dispute resolution employment appeal against the decision issued by the administrative court and BAPEK and Position decision BAPEK as Administrative Decision state that can be appealed to the judgeâs decision Cosmos.Keywords: Resolution, Employment Disputes and Justice System Administrations.
PEMISAHAN KEWENANGAN BANK INDONESIA DENGAN OTORITAS JASA KEUANGAN DALAM PENGAWASAN BANK
Solahudin, Ahmad
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (278.313 KB)
|
DOI: 10.12345/ius.v3i7.202
The development of the banking industry can not be separated from the Central Bank of Indonesia as an authority to supervise banks in Indonesia. Law number 23 year 1999 about the central bank of Indonesia is a reference to the regulations of central bank in carrying out their duties. In the 34 sections of Law number 23 year 1999 as amended by Law number 3 year 2004 mandated the transfer of authority to the supervision of central bank to new institutions, namely the Financial Services Authority. But in the 4 sections (1) subsections was declared the authority of Bank Indonesia, the central bank one of which is to regulate and supervise banks. So there is a conflict between the norms of the sections. So there is a conflict between the norm of the sections. There is also the contradiction of sections in the law number 21 in 2011 about financial services authority which led to a norm that is blurred namely between sections 40 to sections 7 of the letters d and sections 39 with sections 8 of the letters d related to the authority which has moved to the financial services authority but bank indonesia can still carry it out.Keywords: supervision, Indonesia Bank, Financial Services Authority
TECHNICAL BARRIER TO TRADE OF INDONESIAN CLOVE CIGARETTES IN THE CONTEXT OF MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES UNITED STATES OF AMERICA (DS-406)
Adiwibowo, Yusuf
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (286.936 KB)
|
DOI: 10.12345/ius.v1i2.235
The members of WTO should obey the rules that have been agreed in the WTO. Every state has important role in international trade. The state should be able to protect its citizens from the negative effects of the trade itself. The role of state may be in providing the security and standardizing the trade of the so called a Technical Barrier to Trade and Sanitary and Pithosanitary. This study is aimed at determining the effect of âTechnical Barrier to Trade on Measures Affecting the Production and Sale of Clove Cigarettesâ on the Indonesian cigarettes This research employed a normative juridical. It is procedure of scientific research to find the truth based on a scientific legal logic in normative side. The research showed that the regulation onâTechnical Barrier to Tradeâ must be implemented fairly and non-discriminatory. The case between Indonesian clove cigarettes and the American menthol cigarette inshowed that the Law of âThe Family Smoking Prevention and Tobacco Control Actâ is not fairly implemented. . the United Stated of America should apply The Family Smoking Prevention and Tobacco Control Act. Keywords: Barrier, Regulation, Cigarettes, Menthol
INVESTIGATION IN MONEY LAUNDRY CRIMINAL ACT
Kardianto, I Putu
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (295.362 KB)
|
DOI: 10.12345/ius.v3i9.270
The Poltical law aspect contained in the Investigation of Money Laundry Criminal Acts (MLCA) will be effective if it based on the idea of Article 74 UUTPPU. Its aim to facilitate investigator in the search of the crime assets, which is inseparably part of evidences collection in an investigation process as regulated in Article 183 Jo 184 of the Code of Criminal Law Proceeding (KUHAP) and Article 73 of MLCA concerning the valid evidence instrument. The un-optimal application of Article 74 of the MLCA in Particular Criminal Detective Unit (DIT RESKRIMSUS) of West Nusa Tenggara Police department mainly caused by the limited access to information and the lack cooperation between investigators and PPATK. Whereas, main props of the MLCA investigation are law enforcers and investigation supporting facilities. Hence, it requires a more certain regulation and well-skilled-intellectual investigators in order to optimized the implementation of Law number 8 of 2010.Keywords: Investigation, Crime, Money Laundry
DISPUTES JUSTICE, UTILIZATION, AND LEGAL CERTAINTY IN THE PRIVATIZATION OF WATER RESOURCES
Wadi, Husnan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (347.813 KB)
|
DOI: 10.12345/ius.v2i5.167
Justice is like water that never dry to talk, especially when it touches on basic necessities that inseparable from the lives of both humans and other biological organisms. Privatization by investors when correlated with the law sometimes has problems of its own. How justice should be placed by not forgetting one of the most important elements of life. Will law Number 7 Year 2004 and the Constitution Year 1945 of NRI, how social justice and certainty to be guaranteed by the state if things become a basic need of human needs that are privatized by investors ?. Retribution is not balanced will pawn justice values that are not organized into an opportunity for abuse than the underlying regulatory law subjects freedom in getting added value for the few. Justice, expediency and certainty is not to negate the one with the other giving rise to the other victim.Key Word: Privatization, Water and Law