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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
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Search results for , issue "Vol. 18 No. 2 (2011)" : 8 Documents clear
Asas Tanggung Jawab Negara Sebagai Dasar Pelaksanaan Perlindungan dan Pengelolaan Lingkungan Hidup Sudi Fahmi
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 2 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss2.art4

Abstract

Based on the principle of state responsibility, the state will guarantee that the utilization of natural resources will provide benefits for the greater well-being and quality of life, both present and future generations as a goal of the implementation of sustainable development. The problems that would be investigated are; first, how is the state responsibility as a basis of the implementation of environmental protection and management? Second, how is the implementation of state responsibility as a basis of the implementation of environmental protection and management? The method used in this research is juridical normative with regulation approach. The analyze method used is qualitative analysis. The research concludes that the principle of state responsibility position as the basis for the implementation of environmental protection and management means: 1) State guarantees that the utilization of natural resources would provide benefits for the greater well-being and quality of life, both present and future generations. 2) State guarantees the rights of citizen for a good and healthy living environment. 3) State prevents the use of natural resources activities that cause pollution and/ or damage the environment.Key words : State responsibility, environmental protection and management
Hakekat Keadaan Darurat Negara (State Of Emergency) sebagai Dasar Pembentukan Peraturan Pemerintah Pengganti Undang-Undang Muhammad Syarif Nuh Syarif Nuh
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 2 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss2.art5

Abstract

In issuing Perppu, president’s power seems to be “power full”, it can not get any intervention from any other institution until the trial in DPR decides whether the Perppu is approved or rejected. This research raises some problems; first, what is the measurement or basic of forming Perppu by President? Second, what is the substance and content of the state of emergency that leads the forced crisis? The research method is based on primary and secondary law material, and it is done through literature study and it used juridical approach method. The research result concludes, first, the measurement or basic of forming Perppu by president is based on the condition or event that is extraordinary (abnormal) from a state, in the form of the state of emergency. Second, the substance or content of the state of emergency that leads the forced crisis contains of three elements, which are, first, the element of dangerous threat; second, the element of reasonable necessity; and third, the element of limited time.Key words : State constitution, state of emergency, president’s power
Pertanggungjawaban Negara Terhadap Pencemaran Lingkungan Transnasional Deni Bram
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 2 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss2.art3

Abstract

Losses experienced by other countries as a result of smoke haze pollution made the concept of state responsibility that requires an injury to other countries is questionable again. The problems that would be investigated: first, is there any basic difference about the concept of state responsibility as the result of smoke pollution across national borders based on international law and international environmental law? Second, how is the dispute settlement mechanism related to environmental pollution which has transnational characteristicl in international environmental law? Third, is Indonesian government able to be asked for responsibility on the case of smog pollution from forest fires in Southeast Asia? This research is based on normative research in providing law material for supporting its holistic research nature. This research concludes, first, the principle of state accountability basically includes the obligation that states give impact to other countries to do reparation to the states that suffered the damage and to restore the condition. Second, the available international environmental law dispute resolution mechanism is started from the claim of the countries that suffered damages, which is a form of absorption of international law in the enforceability of the key principles in international laws. Third, Indonesian government is able to be asked for responsibility on the smog pollution that occured.Key words : Transnational pollution, responsibility, international laws
Pertanggungjawaban Pidana Korporasi dalam Pelanggaran Hak Asasi Manusia yang Berat Mahrus Ali
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 2 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss2.art6

Abstract

This research focuses on corporate criminal liability for gross violation of human rights. Based on normative legal research, this research reveals; first, extending criminal responsibility beyond individual to corporation for gross violation of human rights is required because national states are sometimes unwilling or powerless to properly sanction corporations for fear of negative economic consequences. Corporation also results serious or systematic human rights violations and encourages criminal conduct by maintaining a corporate culture that condones or even rewards violations of the law; second, Canada and Australia have opened a prosecutorial window by suing Unocal and Anvil Mining Limited as the perpetrator of crime against humanity; last, In Indonesia prosecuting corporation for human right violations will resulted into reformulation of criminal conduct of abetting, limitation of corporate responsibility and punishment and treatment.Key words : Corporation, criminal responsibility, gross violation of human rights
Metode Konsolidasi Tanah untuk Pengadaan Tanah yang Partisipasif dan Penataan Ruang yang Terpadu Ida Nurlinda
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 2 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss2.art1

Abstract

Land acquisition for development especially development for public purpose is always a major problem in terms of the development of public interests. The issues are always centered on the location, compensation, and the definition of public interest itself. This research discusses land consolidation as a method of land acquisition which at the same time becomes the participative and integrated spatial planning instrument. Furthermore, it will discuss the legal aspects that may appear related to land consolidation as a land acquisition method and integrated and participative spatial planning instruments. The research result shows that land consolidation could become the method of participative land consolidation by involving private sector in providing utilities and infrastructure development in a consolidated area. Land consolidation does not only give economic advantages but also social and environmental advantages upon consolidated area.Key words : Land consolidation, land acquisition, spatial planning
Penguatan Peran Komisi Yudisial dalam Penegakan Hukum di Indonesia Bambang Sutiyoso
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 2 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss2.art7

Abstract

The role of Judicial Commission in enforcing law has not been optimal, especially in conducting its function and authority to conduct external supervision of judges. The problem addressed in this research is what effort should be done to strengthen the role of Judicial Commission for law enforcement in Indonesia. The approach used in this research is juridical normative, and data source in this research is secondary data, which are primary, secondary, tertiary law material. Furthermore, the law material is analyzed descriptively and qualitatively. The research result shows that Judicial Commission needs to strengthen its role in enforcing law through the effort in: a. accelerating the revision of responsive and visionary Law of Judicial Commission; b. strengthening the role of institutional; c. strengthening institution in conducting external supervision, both preventively and repressively; d. reforming regulation in the field of justice in order to harmonize and synchronize the laws of Judicial Power, Supreme Court, Constitutional Court and the Judicial Commission; and e. strengthening and arranging its organization and personnel.Key words : Judicial commission, law enforcement, supervision of judge
Strategi Perlindungan Hutan Berbasis Hukum Lokal di Enam Komunitas Adat Daerah Bengkulu Muhammad Yamani
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 2 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss2.art2

Abstract

This research aims to asses values of local law towards forest in six ethnic communities in Bengkulu related to the strategy of forest preservation. This is a normative legal research in a form of local law inventory purposed to find the mechanism of local law in forest preservation in preventive side as well as representative side through impose sanction to the perpetrator of forest destruction. Local law which is effectively regulate in traditional authority has succeeded in engraving moral values to its member which became its justialbelen, where every person by their own awareness actively participate in preserving forest in ulayat area and act carefully based on local forest law. This research purposed to assess the value of local law in six ethnic communities in Bengkulu. From this research we can obtain idea in finding example of legal protection in accordance with local legislation. Furthermore this research may serve as an example for national forest preservation. This research concludes that; first the model of legal protection on local law in six ethnic community of Bengkulu is conducted preventively. Second, the value of local law in ethnic community of Bengkulu can be adopted into local legislations as one of the models of forest preservation in Bengkulu Province through the formulation of academic draft of local legislation.Key words : Forest, custom, local law
Kedudukan dan Fungsi Komisi Yudisial Republik Indonesia Jawahir Thontowi
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 2 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss2.art8

Abstract

This article sum up that Judicial Commission (JC) in Indonesia has a strong position in the constitution, UUD 1945 (after amendment). Its JC‘s position is legally considered a similar position with The Supreme Court and Constitutional Court. In practice, however, its JC‘s function is less effective to be an external control against judges code of conduct.Three factors are involved to make the JC fails to establish control effectively. One is the decreasing integrity of the JC due to the fact that The Deputy of Chief was involved in bribery practice. Second, the weakness of leadership which set a side of the JC‘s core business, as an external control. The third, The Constitutional Court is decision led the JC‘s function to undermine its authority. In order to improve its effective control, it is necessary to attempt certain efforts. On the one hand, the JC is demanding not only to maintain its personal integrity, but also need to change a leadership system. More importantly, the JC capability to join collaboration in supporting government and legislative member in revising the bill No 24/2002 need to take into account.Key words : Judicial commission, judges code of conduct, and supreme court

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