Jurnal Hukum IUS QUIA IUSTUM
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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Implikasi Yuridis Penyelesaian Perselisihati Hubungan Industrial Melalul Pengadllan Hubungan Industrial
Mila Karmila Adi
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 27: SEPTEMBER 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol11.iss27.art6
The Industrial Relationship Dispute Resolution Law Number2 Year 2004, has a bolished the existence of The Labor Dispute Committee and replaced by theĀ Industrial Relation ship Court. The existence of the Industrial Relation ship Court can influence the relation ships here between worker and employer in the future and subtractthe government intervention in labordispute resolution. Although the Court is notexistyet until 2006, but the resolution process will be questioned whether it will give more effectiveness for theboth parties, the worker and the employer, or make more difficulties
Penegakan Hukum Administrasi Terhadap Izin Usaha Industri Sebagai Instrumen YuridisPenaatan Lingkungan Hidup (Studi Tentang Pengawasan Dan Penerapan Sanksi Administrasidi Kota Semarang)
Moh. Hasyim
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 27: SEPTEMBER 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol11.iss27.art3
Law enforcement in the form of control in the district Environmental Impact Assessment Agency which processes industrial permits in Semarang is still weak. This has occurred because the District Environmental Impact Assessment Agency'scontrolis not imple mented in an integrated or coordinated manner with other Associated Institutions. In terms of the object under control, basic issues like industrial permits and building permitshave not been made the objects of control.
Pembaharuan Hukum Islam di Indonesia Studi Kasus CLD Kompilasi Hukum Islam
Author: Nurjihad
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 27: SEPTEMBER 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol11.iss27.art10
The development of Islamic Law (fikih) meets the needs of society which is called upon to resolve increasingly complex issues. This is to the benefit of the Islamic community.However the term benefit to the community cannot be understood outside of the context of the protection of the aim of Islamic law which place regulation as the parameters of "benefit". In order to achieve this, ulama (Islamic Scholar) from a number of disciplines proclaim a collective ijtihad (interpretation, jama'i) which is thusable to solve new legalproblemsas fairly as possible.
Reorientasi Pengelolaan l!mu Hukum
HS. Brodjo Sudjono
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 27: SEPTEMBER 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol11.iss27.art7
As an emperical science, legal science aims to obtain factual knowledge from the reality which originates from the experince, and it does not originate from the apriory of logical coherence. Thus, it is able to perform theoretical statements whichare ready to beevaluated on the validity of process which occuredin there ality. To the interest of the development on thelegal science, thp unity of opinion on ontology and epestimoiogy is required to establis hedan exemplaras tlie new and sound quality of resolving the puzzle which can be applied in the management of legal science model.
Mahkamah Konstitusi Dan Pengujian Undang-Undang
Jimly Asshiddiqie
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 27: SEPTEMBER 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol11.iss27.art1
The consequences of altering the 1945 constitution is that the possibility of opposition to the principle of supremacy adhered to by the government of Indonesia has been stren hered. The 1945 constitution now adheres to the principle of division of power, that is distributed between legislative, executive and judicial a pheres. This system givespri orityto a relationship of checks and balances between each sphere. Based on these concepts, a new institution has been established, the constitutional court which has fourspheres of outhority and one obligation. However, its primary function is the evalution of the constitutionaly of acts of law. Inotherwords. It is recognizedas a court of Law as Well as functioning as a Court of Justice
Arti Penting Asas Keterbukaan Dalam Penyelenggaraan Pemerintahan Yang Bebas Dari KorupsI, Koiusi, Dan Nepotisme (KKN)
HR Ridwan
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 27: SEPTEMBER 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol11.iss27.art5
In a democratic state, transparent operation of state power and governance is reguiredin order for law to function effectively and for democracy to serve as the mechanism of governance and statepower. Transparancy is a key strategic instrumentin the implemen station of democratic and sound governance. Because of the strategic importance of transparency, it should become a principle within state governance. Forthis reason, the actions of the government should be able to be evaluated in the administrative court.
Penegakan Hukum Lingkungan Menurut UUPLH
Zairin Harahap
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 27: SEPTEMBER 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol11.iss27.art2
The enforcement o fenviroment law according to the Enviromentalt management Law can be implemented both in a preventive and repressive manner. The enforcement of enviromental law in a preventive manneraims to directly prevent the occurrence of enviromental damage or pollution. The legal instrument used is administrative law, in the format an obligation imposed upon each person who intends toruna business, to first obtain an environmental impact assessment of the proposed business. The represiveenforcement of law alms toreduce and a bateexisting environmentald a mage of pollution by using administrative law civil law and criminal law
Kesalahpahaman Makna Gugatan Perwakilan Kelompokdan Legal Standing di Indonesia
Machsun Tabroni
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 27: SEPTEMBER 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol11.iss27.art4
A long side conventional civil suits, the development of the civil law of procedure_ hasled to the emergence of class action and legal standing. A class action is filed by one or more --persons in the irown interests, butal soon be half of and in the interests ofa large group of people; where as legal standing is merelyan "entrance tickef to the legal battle whichhas many obstacles. Among others, these obstacles include evidence of proof the remedial tools available, and even the obstacle ofthe readiness of the council of Judges to make the best decision.
Harmonisasi Hukum dalam Perspektif Perundang-Undangan
Kusnu Goesniadhie Slamet
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 27: SEPTEMBER 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol11.iss27.art8
The special agency in accordance to Banking Law Number 10/1998 is an agency put forward to settle and torecover state funds formerly placed in the banking industries in time of severe economic crisis. The special agency has given a broad power to this agency evensurpass the power or authority that normally become the power of the court. This regulation is one example of how some times Indonesian regulations are notin harmony to each others and become a stumble block in establishing due process of law, giving fair treatment and establishing good system of law. it is also now on derif the effectiveness ofthis special regulation and the functions ofthe specialagency it is created do not meet the requirement insettling government financial problem.The purpose of this paperisto determine whetherthe existing regulations arein harmony each other, to analyze which regulation should putinplace or which one shouldbe remove, which theory orprinciple can be put forward orkept as the basic argumentation in creating harmonious law.To be particularitis recommended that based upon consideration using normative analytical method on dogmatic legal system to create harmoni ous lawin Indonesia, there mustbe a new law in banking namely, 'undang-undang penyelesaian bank bermasalah' which permanently become the guidance ofany agency which its functions is tosettle banking problem.
Historisitas Pemikiran Hukum Imam Asy-Syafi'i
Rohidin Rohidin
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 27: SEPTEMBER 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol11.iss27.art9
Ass-Syafi'i, is well known as a "mejtahid" who developed the "qodim"and" jaidi"schools of thought which emerged after along period of study in various legal centres araound the world. The result of these in-depth studies of various methods of schools of thought was an effort in synthesis. This environmen the experienced made a signiticant contribution to the development of his legal thought. Not limited to this, heals of felt that he should off era method ofthrought that was systematic, thought the logic of fikih.