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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 8 Documents
 1 
Search results for , issue "Vol. 17 No. 4 (2010)" : 8 Documents clear
Partai Politik Lokal di Negara Kesatuan: Upaya Mewujudkan Otonomi Daerah di Bidang Politik M. Rifqinizamy Karsayuda
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 4 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss4.art2

Abstract

A district autonomy as the consequence of UUD 1945 amendment, gives several authorities to the local government, and one of the autonomies is in politics. The local politic parties are expected to be able to apply the political autonomy, even though juridically its existence is still difficult to be conducted by the national party regulation in UU Nomor 2 Tahun 2008 (constitution number 2 year of 2008) about Political Party and UU Nomor 10 Tahun 2008 (constitution number 10 year of 2008) about Public Election. The focuses of this research are; first, what is the theoretical basis in creating the local political party in Indonesia as a united nation? Second, how is the concept of local political party that is relevantly applied in Indonesia as a united nation which is suitable with Indonesian constitutional substance? The method used in this research is the qualitative investigation of law material with the juridical approach which is completed by political approach. This research has concluded; first, the urge of local political party has presented in Indonesia, not only as the consequence of the realization of district autonomy, but also as the implementation of ideology federalism theory which is aimed as the existence guard of a country.Second, a local political party that can be developed in Indonesia, in the future, is a political party that has no relation with a national party, as it is a structure as well as in election.Key words : Local autonomy, unitarian state, local poltical party
The Dynamic Aspects of Criminal Act and Criminal Liability in Money Laundering Practices Author: Hanafi
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 4 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss4.art7

Abstract

The criminal conduct and mental elements are two components required for establishing a criminal conviction. The question arises, however, how these two components ought to be applied to the complicated and sophisticated process such as money laundering. It is demonstrated that money laundering crime may be conducted by, through, or under the cover of corporate entities raising difficult issues over the proof of these two components. This article applies an analytical approach on how theoretical studies and court practices encounter these problems. This article then argues the interest of developing models and theories use to justify imposing criminal liability of money laundering on individuals as well as corporations. Three models of corporate liability that were elaborated in this article are adaptation or imitation model, aggregation or collective knowledge model, and the faulty organization model.Key words :Criminal act, criminal liability, money laundering
Implikasi Hukum Kebijakan Desentralisasi dalam Hubungan Kewenangan antartingkat Pemerintahan Negara Kesatuan Andi Kasmawati
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 4 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss4.art3

Abstract

The implication of post-new era decentralization has created the dynamic of the relation betweengovernment and district government. The authority of district governmental arrangement used to be centralized in Jakarta. Now, it is decentralized in districts. The focused problem of this research: first, how is the effect of decentralization policy on the relation of governmental inter-level in a united nation? Second, how is the conflict resolution of governmental inter-level authority in a united nation? This research used the constitutional law approach and conceptive approach. The normative and empiric research are done in central and district government. The data is collected through a literacy study and interview which is analyzed qualitatively. The result of the research has showed that; first, the policy of decentralization affects has positive impact which is improvement of efficiency and effectively in conducting the government matter, and improves community participation, conversely the negative impact is conflict of authority occurs as the result of imbalanced constitutional law, the primordial and nepotism potency. Second, the authority conflict is solved by perfecting the constitution, strengthening the real autonomy, and the optimizing assistance, supervision, and evaluation.Key words : Decentralization, united nation, and authority conflict
Keabsahan Perjanjian dengan Klausul Baku R. M. Panggabean
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 4 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss4.art8

Abstract

The application of standard contract, as at the beginning of its establishment has been creating acontroversy related to its existence as well as its legal standardized contract. Indonesian Civil Code (KUHP perdata) does not specifically regulate the standard. The research is focused on two problems which are; the legality of agreement using standard clause and the absence of freedom of contract principle. This research is a normative research that is referred to the constitutional regulation and jurisprudence using legal material both primary and secondary. The legal material is compiled through literacy study which is qualitatively analyzed. This research has concluded; first, the agreement contains of standard clause is no longer being mattered whether it is legal or illegal agreement. However, the more important point is the rationality of the standardized clause substance. Second, normatively, there is no legal effect as the result of the absence of freedom of contract principle in the agreement.Key words : Agreement, standardized contract, validity
Hubungan Pemerintah Pusat dengan Pemerintah Daerah dalam Kerangka Pengelolaan Keuangan Negara dan Daerah Telly Sumbu
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 4 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss4.art4

Abstract

The state and district financial management is an important part in the governmental arrangement in Indonesia. To decide the problem of state and district financial status, it should be placed in the context of constitutional and governmental system which is followed in Indonesia. The problem that would like to be investigated is how is the relation between the central government and district government in the frame of state and district financial management. This research used the investigation of normative law. The approach method used was jurisdiction. The data compiling is conducted through literacy study. In this research, the compiled material would be qualitatively analyzed. The result of this research has concluded that the basic law in applied the state and district financial management is different. However, both are still in an inseparable relation since both are conducted in the frame of Negara Kesatuan Republik Indonesia (United nation of Indonesia Republic).Key words : State finance, district finance
Paradigma Tradisionalisme dan Rasionalisme Hukum dalam Perspektif Filsafat Ilmu Abu Yasid
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 4 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss4.art5

Abstract

Both Islamic law and western positivism have similar pretension related to the final aim in arranging the community according to the existing regulation. The stain of differences can not be avoided when the jurists are not in line with human as both subject and user in observing the relation pattern among the regulations themselves. The focused problem of this research is; first, how are the rational and traditional paradigms in the ideal tradition of Islamic law?Second, what are the rational and traditional paradigms in the ideal tradition of western law? Third, how is the implication of the difference of Islamic law and western positivism in the perspective of philosophystudies? This research is a qualitative research using a philosophic approach. The data collecting technique was conducted through the literacy study. This research has concluded as the following; first, a traditionalism group tends to keep the tradition that has been organized as the formal consideration in the law excavating activities. On the other hand, a rationalism group proposes the using of common sense that is often simply called into qiyas (analogy) in the series of istinbath law process. Second, according to the traditionalism view, deciding the law is in the normative and positivism (empiric) view which are always based on facts and empiric experiences, while rationalism view, the reality can be known or several truths about reality can be known without depending on the observation, experience, and the use of empiric method. Third, the difference is implied to the law relating to the social classes as its subject. If the law touches morality, so the law substance is not absolute and final, but it depends on the aspect of advantage as the source.Key words : Rationalism, positivism, religious texts, normativism, traditionalism
Metode Perubahan Undang-Undang Dasar 1945 dan Perbandingannya dengan Konstitusi di Beberapa Negara Taufiqurrohman Syahuri
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 4 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss4.art1

Abstract

The process of amending UUD 1945 has created different kinds of views regarding its form of amendment. One side demands “amendment system” as the one applied in United State of America. The other side demands a total change by creating a new constitution such as in France, Netherlands, and Germany. The main problem that would be investigated and answered in this research is how the amendment of constitution in theory and constitutions in several countries. This research is a case study about the method used in the amendment of constitution. The approach used in this research is not only normative jurisdiction, but also comparative approach, because it has normative comparison on the constitutions in several countries. This research has concluded; first, the way UUD 1945 amended theoretically does not divert from the general principles of constitution changing and democracy country. Second, the amendment of UUD 1945 follows the form of the amendment or constitutional adandum of United States of America.Key words : Constitution, amendment, UUD 1945
Gharar; Konsep dan Penghindarannya pada Regulasi Terkait Screening Criteria di Jakarta Islamic Index Agus Triyanta
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 4 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss4.art6

Abstract

One of the main aspects that distinguishes a convensional capital market and a syariah capital market is whether there is or is not the speculative element or, in the Islamic law terminology, known as gharar, in the offered business instrument. This research is meant to reveal on how the gharar concept in Islamic financial law, as well as how the concept being implemented in Screening Criteria in Jakarta Islamic Index (JII), Indonesian syariah capital market. This research has compiled different kinds of data in the form of norm and regulation both from Islamic law and governmental institution which is responsible to the capital market. The data, then, was analyzed qualitatively through interpretation. The result has concluded that generally, gharar found in Islamic law, is meant that ther is a hidden element which could cause a disadvantage or a danger from the involving side in a transaction while the syariah criteria for the screening process of JII has two aspects; a company in JII is the company that does not have a business related to the transaction of ribawi, gharar, and gambling (maysir). Second, the transaction done in JII must be fulfilled the principle of fully care (ihtiyath), not speculative or manipulative (dharar, gharar, riba, maisir, rishwah, and kezaliman/tyranity).Key words : Gharar, screening criteria

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