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Jurnal Hukum IUS QUIA IUSTUM
Published by Universitas Islam Indonesia
ISSN : 08548498     EISSN : 2527502X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three times a year in January, May, and September. This journal really opens door access for readers and academics to keep in touch with the latest research findings in the field of law.
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Articles 11 Documents
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Search results for , issue "Vol 16, Edisi Khusus 2009" : 11 Documents clear
Tarik Menarik antara Desentralisasi dan Sentralisasi Kewenangan Pemerintah Daerah dalam Urusan Pertanahan Elita Rahmi
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Indonesian government does not have “political will” in implementation local government in the land field based on authority principles.This problem can be seen from overlapping regulation in land’s field,on the one hand stipulated that land as local’s autority,on the other hand it still as central’s autority.This tension brings to effect more confflicts in indonesia. To solve the above problem,it needs regulations sincroization in the land field which regulater that land task is local governments authority,while central government only to do preventive and refresif,monitoring through making regulation,standard and norm that will become the rule of the game for local government in implementing the lands authority.Key words :land matter, decentralization, centralization, autorite
Makna, Tolok Ukur, Pemahaman, dan Sikap Pengadilan di Indonesia terhadap Iktikad Baik dalam Pelaksanaan Kontrak Ridwan Khairandy
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research focuses three legal issues deal to the meaning, legal tests, and understanding and attitude Indonesian court about good faith on contract performance. Using the descriptive analysis with normative juridical approach and comaprative, and library data, this research reveals: First of all, the meaning of good faith on contract performance is not universal, but there is a tendency its meaning refers to objective good faith. Second, legal test of that good faith uses objective tests, namely reasonableness and equity. Lastly, Court in Indonesia does not have deep understanding of good faith on contract performanceKey word : good faith, reasonableness, and equity
Prospeksi Peradilan Tata Usaha Militer dalam Sistem Peradilan di Indonesia Erni Agustina
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research describes the lack of law of military administration wich is accord to article 353, act 31, 1997, enacted in Oct 15, 2000. this military administration afforementioned has not been put into effect more than 9 years, where by created law and social problems within military institution it self, such as decreasing individual soldier right as well as the existence of civil court body. The main problem in this research focus in the essential and prospect of the existence for military administration in the Indonesia justice system. The emergence problem particularly caused by 2 factors, ie:1. The absence of regulation for executing military administration.2. The damage of individual soldier right, as well as the essential existence of civil court body.Key word : Military, administration, justice system in Indonesia
Proses Pembentukan UU: Studi Tentang Partisipasi Masyarakat dalam Proses Pembentukan UU Author: Saifudin
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Law-making is as a part of regulating state, is also demanded to transparency, participation and accountable. This will create legislation products that democratic and benefit for arrangement af state to bring into good governance with the 1945 Constitution as basic constitutional. In this research, I will examine one main problem: how public participation in legislative process? This research employs a sociological perspective , especially sociology of legislation. This reseach focuses on three legislations, i.e. Act on National Education System, Act on General Elections, and Act of Labor and the result shows as follows. Frist, the law-waking process in the reformation era has occurred changes in several aspects, such as representative institution, public interests, regulatory and law-making process. Second, public participation in the law-making process can be identified in several matters, such as people who participate, form of participation, method of participation, subject matter of participation, absorb of participation, and stages of participation. Third, public participation conducted in law-making process of the three Acts can affect in various law-making process. Therefore, it is expected that legislations enacted close to justice, compliance and legal certainty for society. Four, law-making process in the reformation era has opened public access and involved various political forces and society.Key word : People participation, process of acts formulation
Konflik Antar Budaya dan Antar Etnis di Indonesia Serta Alternatif Penyelesaiannya Johni Najwan
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Multi cultures are potentially threatening national integrity as inter cultural conflict will lead to conflicts of inter ethnical, inter-believer, interracial, or even inter groups which are very sensitive and vulnerably leading to national disintegration. This phenomenon can emerge if the conflict is not controlled and well resolved. The research asked a question first, to what extent can law function as the social control system? Second, what is the alternative solution for resolving intercultural and inter ethnical conflict in Indonesia? The research found the following results: First, Law Function. Besides working as the means to control social order, the social control also is used as the means to prepare the social life of society. Second, as one alternative to solve such conflicts, we need deeper understanding concerning function and role of law in multi cultural and multi ethnical social life . Therefore, the paradigm problem in terms of national law development by government should be learned more comprehensively.Key words : Inter cultural conflict, inter ethnical conflict, alternative solution
Studi Komparasi terhadap Perlindungan Kepentingan Kreditor dan Debitor dalam Hukum Kepailitan Siti Anisah
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Initially, the goal of bankruptcy law is the liquidation of debitor’s assets. Later, it becomes the means for reorganization of the company’s debitor, and protects the honest individual debitor by executing discharge. The goal is manifested in Acts Number 37 of 2004 which protects the debtor more as the condition of bankruptcy, however it is not easy to get the bankrupt status in reality. That fact was exploited by using the theory of creditor’s bargain and value-based account. This research used normative juridical method and law comparison. The research found that Indonesian Bankruptcy Acts have not so far protected the creditor, debitor and stakeholders; not based on the philosophy of protecting debitor solve; not differentiating the bankruptcy between individual and company though each goal is different. And the last, it has not introduced the discharge for individual bankruptcy.Key word : Bankruptcy law, creditor, debitor
Implementasi Kepatuhan Syariah dalam Perbankan Islam (Syariah) (Studi Perbandingan antara Malaysia dan Indonesia) Agus Triyanta
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Since the compliance towards shari’ah principles is mandatory in Islamic banking, the shari’ah advisory and supervision is another important aspect. It is also said that the shari’ah advisory and supervision is part and parcel of shari’ah compliance. In this regard, the regulation on shari’ah advisory or supervision, which also covers the role of shari’ah board, shall occupy the central part within the shari’ah compliance regulatory framework. In light of the abovementioned reasons, the research and discussion on shari’ah compliance, together with the role of the shari’ah board is very demanding and relevant to the current problems in the Islamic banking business. This paper will focus on the regulatory framework of the shari’ah compliance and its implementation in Islamic banking in Malaysia and Indonesia. Through the comparison between the two countries, some advantages will be identified.Particular reference should be made to the regulations and their implementation in the Islamic banking in Malaysia and Indonesia since there are few valuable considerations. Malaysia experienced the advanced development of Islamic banking compared to the rest of the Asian Muslim countries in the Southeast Asia region. The both countries are moslem dominated countries, and also, they share in the affiliation to Shafi’i Madhhab.Key word: compliance shari’ah, the Islamic banking
Efektifitas Ketentuan-Ketentuan World Trade Organization tentang Perlakuan Khusus dan Berbeda Bagi Negara Berkembang: Implementasi dalam Praktek dan dalam Penyelesaian Sengketa Nandang Sutrisno
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study proposes to address the issue of the effectiveness of the World Trade Organization (WTO) Special and Differential Treatment (S&D) provisions in helping developing countries, in the sense of whether or not the provisions have achieved their ends. To address this issue, the following question will be asked: to what extent have the S&D provisions been effective, both in their implementation in practice by the WTO Members, and in their enforcement in dispute settlement process? Three main legal research methods have been employed for this study, namely  ormative and empirical legal studies, and case studies. This study argues that the implementation and enforcement of the S&D provisions have been mostly ineffective. In the implementation, the unenforceability of the S&D provisions has been the most significant contributing factor to their ineffectiveness. In the dispute settlement, factors for the ineffectiveness have been the failure of developing countries to fulfil conditions required by the S&D provisions; the failure of developing countries to submit adequate prima facie evidence to support their claims or defences; and strict and narrow interpretation of the provisions by panels and the Appellate Body.Key word : Special treatment and different, developing countries, problem solution
Pelaksanaan Pengaturan Hak Menguasai Negara atas Tanah Menurut UUD 1945 Winahyu Erwiningsih
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research was based on how the implementation of regulation of state’s authority rights over land according to UUD 1945. Promovenda thought that one of urgently and crucial issue was not properly cleared and strictness of UUPA to explain the definition means and substance of state’s authority rights over land that might caused misinterpretation. This research was using normative method with explanatory-analytical type. Researcher was using juridical-normative, comparative and historical approach. Qualitative method was used in data analysis. The research generated few results. First, state’s authority rights over land is an implementation of people’s rights based on right and responsibilityequality of Indonesian people which have an original characteristic that sub stain to achieve nation welfare. Second, the implementation of the State’s authority rights is not entirely showed in law regulations so the state has obstacles to execute their authority. Third, the State has no political will to executed the agrarian politic consequently recognized by doing a single interpretation of state’s authority rights over land based on the political regime interests.Key word: State’s authority rights, land
Korelasi Korupsi Politik Dengan Hukum dan Pemerintahan di Negara Modern (Telaah tentang Praktik Korupsi Politik dan Penanggulangannya) Artidjo Alkostar
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Based on political corruption study and its correlation to the law and governance in modern countries, this research was aimed at identifying how political corruption correlates to socio-political, socio-economic, socio-cultural, socio-juridical and human right dimensions. To have social relevance to juridical analysis, this research also analyzed the strategy/policy to overcome the political corruption phenomena. Literary analysis and interviews with several experts having relevant scientific competence were the main basis for the research to compose this dissertation. The correlation between variables of the data obtained from the analysis of the content and the norm was described. The phenomena of legally prohibited corruptions were also compared. The political corruption analyzes in several modern countries, it is clear that political corruption has more extensive impact than corruption by the people without political position. The entity of political corruption is closely related with the power. Political corruption always attempts to maintain and extend the power abuse and the need for socio-political order requires equivalent control role in the implementation of the power. Political corruption correlates to human rights violation by governmental heads because political corruption is closely related to the desire to maintain and extend power.Key word: corelation, politic coruption, modern state

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