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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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CONSTITUTIONAL AND LEGAL RECOGNITION OVER TRADITIONAL ADAT COMMUNITY WITHIN THE MULTICULTURAL COUNTRY OF INDONESIA : IS IT A GENUINE OR PSEUDO RECOGNITION? Nurjaya, I Nyoman
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Indonesia is well known as a multicultural country in Southeast Asia in term of its ethnic,religion, racial and social stratification. It is Unity in Diversity, which is reflected in the officialmotto of the State to describe the social and cultural diversity of Indonesia. The diversity refers to a cultural configuration which reflects the National identity of Indonesia, containing cultural capital and cultural power. However, cultural diversity yields conflict that could potentially generate social disintegration due to inter-ethnic and inter-religious disputes that may result in the disintegration of Indonesia as a Nation State. In the eyes of legal anthropologists, sources of conflicts are based on discriminatory policies expressed within Stateâs law and legislations in line to the recognition and protection the existence of local communities, namely traditional adat communities spread out in the region. Thus, State laws enacted and enforced by the Government tend to dominate and marginalize as well as ignore the rights of the local communities particularly over access and control natural resources they based on customary adat law in the region. The paper attempts to offer an answer to the fundamental question whether the 1945 Constitution recognise and protect the traditional communities and their customary adat law by employing a legal anthropological approach with the purpose of obtaining a better understanding regarding the development of State lawin a multicultural Nation toward a more just and equitable State law of Indonesia.Keywords : Multicultural, Unity in Diversity, Conflict, Anthropological Approach

LEGAL CERTAINTY IN THE PROTECTION OF WITNESSES AND VICTIMS OF GROSS HUMAN RIGHTS VIOLATIONS Natsir, Nanda Ivan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

Law certainty in the protection of witnesses and victims of major human rights violation. The human right is a right that every human posses by not view any difference on race, skin color, gender, language, religion, political or other opinion. The Human rights is legally covered by a Human rights law that perhaps keep individuals or group protect from actions violating basic freedom as well as dignity and prestige for human being. One of the of HR laws with existence is a Universal Declaration for Human Rights of 1948 enacted by the United Nations. For law enforcement on Human rights the Indonesian government also has another Human Rights law namely the Regulations NO. 39 of 1999 about Human Rights and the Regulations No. 26 of 2000 about Human rights Court. In addition, this Government also has already ratified some instruments of International Human rights such as a convention on Political Right of Women that ratified by the Regulations No. 68 of 1958.Â Ratification is an official expression of a state for obeying without any pressure upon the content of agreement. On 17th July 1998, within a Diplomatic Conference of UN there was already resulted an important step in law enforcement for Human rights namely for agreeing Roman Statute means an agreement to establish an International Criminal Court with the intends to keep try the human criminal in action and cut off any chain on law immune. Out of 148 states of participant in conference took part and that time found at least 120 states support it, 7 to opposite and 21 abstain. There are four sorts found as a seriously violation act that regulated in Roman Statutes, they are: 1. Genocide 2. Evil on Human 3. War Evil 4. Aggression evil.Â Â Since so many violation cases on Human right heavy on this country such as Aceh case, East Timor case, Trisakti case and so forth till today the process for completion not satisfied any more. According to Government reasonable point out for refusing to ratify the Roman Statute concerned the International Criminal Court seemly to undermine the government authority. Whereas the International Criminal Court has its complementary principle, namely the International court is only as complement for the national court system whenever our national court unable or wish no to try the suspected. In addition, if the Indonesian government may ratify the Roman Statute politically it shall give advantages for Indonesia since other see how seriously the Indonesian government to keep completion the problem of Human right violation. It is at last, the international conviction over the national court in Indonesia may get recovery according to their view.Keyword : Criminal Act, Criminal Policy

NORMATIVE STUDY ON THE WAIVING OF MANAGEMENT RIGHT OF THE PROVINCIAL GOVERNMENT OF WEST NUSA TENGGARA WITHIN THE DEVELOPMENT OF THE MANDALIKA RESORT AREA Swasta, Putu Juni
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

The research aims to study the regulations on the waiving of Management Right of the Provincial Government of West Nusa Tenggara within the Mandalika Resort area and its legal consequences. This is a normative research because it is analyzing regulations which relate to the waiving of management right. 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.Â This research finds out that the waiving right is a deliberate termination of a possession and tenure right of property by a subject right with specific purposes. Procedures and requirements stipulated by the Provincial Government of West Nusa Tenggara under the Government Regulation, and the Regulation of Agrarian Minister/Head of National Land Body No 9 of 1999. In the Law of National Land, the right waiving associated with the acquisition of the land right, either for business purposes or public interest, can be carried out in the following ways: transfer of right, waiving of right and revocation of right.Â Â Keywords: the Management Right, the Waiving of Right

CLIMATE INVESTMENT IN PROVINCE PERSPEKTIF ACT NUMBER 25 YEAR 2007 Sofiana, Ulya
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Climate Investment In Province Perspective Act No. 25 Year 2007. Investment is important to improve economic of a country. Today, receiving foreign capital no longer consider the entry of foreign capital as a threat, or seen as, suspect, now developing countries argue that foreign capital can provide stock, bring managerial expertise, knowledge, capital and market connections. Issues to be studied in this paper is what should be considered by the state and the region to make investors interested in investing. The approach used in obtaining the data is normative juridical approach, which analyzes the roles of investment regulations relating to matters affecting the development of the investment climate. Investment climate needed to make investors willing to invest in economic activity in a country and region, meaning that the investment climate that raises investor confidence in the capital to be invested in certain businesses will benefit in the future. Investments generally require substantial funds and effect company in the long term, so investors are cautious to invest substantial funds if it is not profitable, therefore to support the creation of a favorable investment climate requires a study of the feasibility study on whether or not an investment project implemented and watched some good factors supporting and inhibiting factors such as regulatory policies regarding investment, rule of law, political stability, security, manpower, adequate facilities and so on.Key words : investment, investor, capital, province, economic, law, act

Liability of the Head of the Village in the Village financial management according to Law number 6 of 2014 concerning Village Supriadi, Edy
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

This research aimed to analyze the regulation of the Village financial management, the mechanism and procedure of the Village financial management and the liability of the head of the Village in the Village financial management according to Law number 6 of 2014 concerning Village. Type of this research is normative legal research, using statutes, conceptual and case approaching method. This research concludes that the head of the Village posses a wide authority as the budget user power which may cause deviation of the Village financial utilization. Hence, the head of the Village requires acknowledgement of the Village Deliberation Body in the financial management supervision yet in the Village financial allocation. Keywords: Liability, Village financial

THE INJUSTICE OF DISTRIBUTING MARITAL PROPERTY (HARGA GINI GONO) IN DIVORCE CASES Musakir Salat, Sri Hariati &
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Jurnal IUS

After a divorce happened does not mean the family has completed all are problems, but still leave residual problems such as child marriage ( if have children ) and property acquired during the marriage, property acquired during marriage is still related to what is called the joint property or property known Gono gini, disputed the division of joint property, can generally be described that the dispute resolution division of joint property, the division of matrimonial property ( assets gono gini ) to the wife in a divorce often lead to inequality in various aspects especially in the division of matrimonial property ( assets gono gini ) . Observations did about the value of unfairness in the division of joint property in the Village Suralaga in Suralaga District of East Lombok. Inequities in the division of matrimonial property on divorce post implied from several factors including the cultural ideology of patriarchy is still evolving at this time, but it also inequities in the division of joint property caused by the system of inheritance law on which the decision is still indicated the existence of discrimination against women as the dominant party gets unfairness in the process of division of joint property, this occurs because the shape of the existing policy.Keywords : Injustice , Treasure Gono-Gini and Divorce

THE FULFILLMENT OF ECONOMIC AND MORAL RIGHTS OF INDIGENOUS PEOPLES ON TRADITIONAL KNOWLEDGE AND TRADITIONAL CULTURAL EXPRESSIONS THROUGH INDONESIAS TPRs SYSTEM Martini, Dwi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Economy and moral rights are the part of basic human rights entitled to the proprietor of theintellectual property that must be full filed by the state, to meet the requirements of Constitution.Similar treatment must be provided by the state to economic and moral rights of indigenouspeoples on their own Intellectual Property, in the form of Traditional Knowledge and TraditionalCultural expressions as described in Article 18 b of the Constitution of 1945 âThe state recognizesand respects the customary law community units including their traditional rights as long as itexists and in accordance to society development and principles of Unitary State of The Republicof Indonesia, as stated by the Law.â. Fulfilment of these rights through modern TRIPs-WTOIPRs regime brings about legal problems, considering their different character, where individualand commercial character of modern IPRs contradicts the communal and non-commercialcharacter of Traditional Knowledge and Traditional Cultural Expression. On the other hand,to get modern IPRs protection, Traditional Knowledge and Traditional Cultural Expressionmust meet particular conditions such as originality/ novelty, inventive step and applicable toindustry which indeed unable to fill due to its anonymous inventor, developed and bequeathedfrom generation to generation and is not intended specifically for industrial/commercial purpose.Keywords: Rights, Indigenous Peoples

SANCTIONS IMPLEMENTATION ON CHILD AS CRIMINAL ON RESTORATIVE JUSTICE PERSPECTIVE (POLRES MATARAM JURISDICTION) ,SH, Fahrurrozi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

This research aims are to analyze the implementation of sanction on children as criminal in restorative justice perspective. Legal issues that arise on this research are, how is the sanction implementation on children as a criminal on restorative justice perspective in Polres Mataram Jurisdiction and how the effectivity of sanction implementation on children as criminal on restorative justice perspective in Polres Mataram Jurisdiction.Â This research is normative-empirical legal research beside the use of statute this research also use the data on the field related to the issues on this research. Can be concluded that the sanction implementation against children as criminal on restorative justice perspective in Polres Mataram Jurisdiction is be returned according to articleÂ 11 and 71 paragraph (1) letter b number 3 Law Number 11 Year 2012. And the effectiveness on sanctions implementation against children on restorative justice perspective in Polres Mataram Jurisdiction is quite effective because of victim, criminal and society feel satisfied with the restorative justice settlement. Kay Word : Sanctions, Children, Restorative Justice.

THE FUNCTIONAL RELATIONSHIP BETWEEN BADAN NARKOTIKA NASIONAL (NATIONAL NARCOTICS AGENCY) AND CORRECTIONAL INSTITUTIONS IN DEALING WITH THE ISSUE OF NARCOTICS AT CORRECTIONAL INSTITUTIONS Imran, Muhammad Amin
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

Therefore, there should be an effort to prevent and to fight against the drug abuse and illicit trafficking in Penitentiary. But, in handling narcotic in Penitentiary there is conflict of authority between National Narcotic Agency (BNN) which is in charge to carry out the drug abuse and narcotic circulation and the authority in the Penitentiary . BNN which is incharge to make and to implement the policies ofÂ preventing, fighting against the drug abuse and narcotic circulation works based on : the Law No. 35 of 2009 concerning on the Narcotic, although prior to that, there are such laws as Instructions of President No. 6 of 1971, Presidential Decree No. 116 of 1999 about National Drug Coordination Body, Presidential Decree No. 17 of 2002 on the National Narcotic Agency (BNN), Presidential Regulation No. 83 of 2007 on the National Narcotic Agency (BNN),Â Provincial Narcotic Agency and District Narcotic Agency, and Presidential Regulation No. 23 of 2010 on National Narcotic Agency (BNN). Then,Â the implementation of the functional relation between National Narcotic Agency and Penitentiary in handling narcotic in penitentiary has not been going well due to theÂ duty-related conflict of authority and that should beÂ synchronized by applying the principle of Lex Specialist Derogat Legi Generalist. Thus, it is necessary to make a good functional pattern of relation between National Narcotic Agency and Penitentiary in handling the narcotic in Penitentiary in the future. The pattern should be a coordinated relation that is preventive and repressive based on the MoU between National Narcotic Agency and Penitentiary.Keywords : Functional Relation, National Narcotic Agency (BNN) and Penitentiary (Lapas)

POLICY OF TEMPORARY DIRECT AID PROGRAM ANALYZED FROM WELFARE STATE CONCEPT Athiq, Ummy
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS

This study aims to identify and analyze policies BLSM program in terms of the concept of the welfare state and the various constraints in the implementation of the program in terms of substance BLSM law and legal structures as well as the proposed solution. Research normative,Â approach to the law,Â and the conceptual approach. To study used a normative issue primary legal materials,Â secondary,Â and tertiary legal materials collection techniques performed by literature and later on though and qualitatively analyzed descriptively. In an effort to carry out the mandate of the welfare state that embraces the Indonesian state as outlined in the destination country and as part of the implementation of Article 34,Â paragraphs 1 and 2 of the 1945 Constitution of the Republic of Indonesia,Â but on the other hand,Â BLSM temporary,Â short duration,Â and the project is only in dealing with poverty judged to be consistent with: a) Act No. 13 of 2011 on the RI poverty Management,Â b) of Law No. 11 of 2009 on Social Welfare,Â c) Republic Act No. 40 of 2004 on National Social Security Persistent. Welfare state is not only trying to provide relief to the poor,Â but also provide social protection for all citizens to avoid poverty.Keywords: Welfare State,Â BLSM

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