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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The Essential of the 1945 Constitution and the Agreement of the Amendment of the 1945 Constitution: A Comparison of the Constitutional Amendment
Aidul Fitriciada Azhari
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol18.iss3.art1
This research discusses two issues which are: First, (1) comparison of similarities and differences of the essence of Constitution and the amendment agreement of Constitution; Second, (2) consequence of those differences towards the current development of Constitution. Normative legal research and post-colonial theory methods are used to analyze the issues. Data are collected from legal materials through literary study and documentary study. With those methods, this research found that the difference between 1950 and 1999 agreement shows inconsistency and divergence in viewing Constitution. Besides that, the agreement on essence of Constitution is performed based on decolonialization paradigm, while the consent of People’s Consultative Assembly in 1999 was mostly based on democractization paradigm.
Ketaatan Masyarakat Internasional terhadap Hukum Internasional dalam Perspekti Filsafat Hukum
Author: Sefriani
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol18.iss3.art6
The research is aimed to figure out whether the International Law is a genuine law. This concerns with why the international community is willing to obey the international law though it lacks of formal institutions that are in charge of empowering the law. This is a normative legal research. The data used in this research are the secondary data along with the secondary law material that is in the form of research result. Through this research, it can be concluded that the nature of coordinative relationship among international community - not having a supranational institution that has an authority in making and forcing the validity of certain international regulation at once to the citizens of nations that are breaking the international law – will not decrease the existence and the essence of the international law as a legal norm. The most major factor emerging the acceptance and the obedience of the international community towards its regulation is the awareness and the needs of all people towards which regulation that can offer the law and order, justice, and law enforcement that can be done and of which can not be done in the practice of the international law. The internally emerged obedience will offer a better result that the one emerged by the punishment.
Kedudukan Qanun dalam Sistem Pemerintahan Daerah dan Mekanisme Pengawasannya
Jum Anggriani
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol18.iss3.art2
This research is focused on the issue of supervision of Qanun as a realization of Central Government authorithy over special autonomy in Nangroe Aceh Darussalam. This research uses analytic descriptive method which gives illustration on scope and opinion of the Central Government supervision over Qanun in Nangroe Aceh Darussalam. This research used juridical normative method as well through legislation approach. This research concludes that for the purpose of supervisory, Central Government may suspend or annul Qanun in the event of contradiction to the related legislation. Preventive supervision is performed on the Regional Government policy which regulates revenue budget and regional expenditure, regional tax, and other regulation that may cause high economical cost.
Kearifan Lokal dalam Perspektif Hukum Lingkungan
Marhaeni Ria Siombo
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol18.iss3.art7
The research purposively is to examine how the government actualizes the local wisdom that has been rooted in community –thus turning into a law that should be obeyed to overcome the human behavior to wisely act and behave in utilizing the natural resource. This is a research using a judicial-normative method that is descriptively conducted in which the primary data is gained through a direct observation supported by the interview to obtain information. In this research, it can be concluded that from the clave of Lore Lindu, there have been a behavioral principles categorized as “Local Wisdom” or “Indigenous Knowledge” that has not been actualized to strengthen both the regulations and the other wisdom in preventing and minimizing the infraction cases resulting in the damage in National Park Lore Lindu. The local government in this case has not been capable of utilizing the local wisdom of the community in strengthening the policy of the local government to maintain and strengthen the supporting areas in national Park Lore Lindu that in the future could save this area from natural disaster.
Paradigma Baru Pembentukan dan Analisis Peraturan Daerah (Studi Atas Perda Pelayanan Publik dan Perda Keterbukaan Informasi Publik)
Jazim Hamidi
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol18.iss3.art3
Reformation in 2008 has changed the state paradigm of Indonesia from centralistic into decentralized government by widely implementing the autonomy concept. This change has also brought the influence in establishment and analysis of Local Regulation based on the concepts of Rocippi, Fish Bone, or RIA that are representative of the old paradigm to the new one that is the concept of SDER (Sustainable, Development, and Engineering Regulation). This research applies the judicial-normative method through a regulation approach. Meanwhile, the analysis method used to solve the existing legal issues is the qualitative-judicial method. The result of the research on two PERDA (the Local Regulations) - which is about Public Service and Openness of Public Information – concludes that by implementing the concept of SDER, the paradigm in establishment of both the State Oriented Local Regulation and civilized oriented Local Regulation could be turned into the Integrated Local Regulation; namely State and Civilized Integrated Oriented Local Regulation. The legal implication of this concept is that the Program of Local Legislation must be oriented to the struggle of the local regulation reform that can prosper the people.
Politik Hukum Perlindungan dan Pengelolaan Lingkungan Hidup
Author: Sutrisno
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol18.iss3.art8
To utilize natural resources for the good of the people as mandated by the Constitution 1945 and to retrieve prosperity based on the Five Principles of Pancasila, a sustainable environmen preservation corresponding to the national growth is highly needed. Al-Quran is rich ofverses teaching mankind the necessity for them to preserve the nature as God has appointed mankind as the caliph of the earth. This research is a library research aimed at obtaining a vivid description on the implementation of Environmental Preservation and Management Constitution. Deductive and comparative method were implemented to analyze the data. The analysis pointed out that the authority for environmental management control lingered in deviation as it did not conform to the aims of the political law. Law enforcement faces barriers due to the difficulty to determine exact criteria and measurements of environmental damage. Therefore, dedication and professionalism from the law enforcers and the societal environmental awareness of the people were required to execute the laws governing the utilization of environment.
Penggeseran Aspek Hukum Publik ke Aspek Hukum Privat (Bantuan Likuiditas Bank Indonesia)
Aang Achmad
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol18.iss3.art4
This research discusses the issues of obstacles in the settlement of Bank of Indonesia Liquidity Support criminal conduct. This research is a doctrinal or juridical normative research. The legal materials are collected through literary study and documentary study. The materials are then qualitatively analyzed. Through these methods, the research concludes that the delay of the settlement of Bank of Indonesia Liquidity Support criminal conduct caused by: (1) the system of criminal law that has formal-legalisticpositivistic character; (2) complex proof; (3) the absence of cooperation with states where the assets located; and (4) the not yet applied reverse proof.Key words : Corruption, Bank of Indonesia Liquidity Support, Private Law
Kebijakan Perimbangan Keuangan antara Pemerintah Pusat dan Daerah Pasca Reformasi
Faisal Akbar Nasution
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia
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DOI: 10.20885/iustum.vol18.iss3.art5
In the post-reform, the establishment of the Law No. 25 year 1999 about the Financial Proportionality between Central Government and Local Government and the Law No. 33 year 2004 about the Financial Proportionality between Central Government and Local Government, Distribution of Proportionality Resources have turned into the distribution of natural resources of local areas. The issue to be analyzed deals with in what financial sector the local areas initiatively find the revenue sources needed to implement their autonomy as a reflection of a decentralization-based implementation as stated in Constitutional of 1945. The method used in the research is based on the judicial-normative approach by applying the materials of primary law, secondary law, and tertiary law. This research additionally applies a normative-qualitative analysis. The establishment of Regulation on the Financial Proportionality in the post of reform shows a very significant outcome for the implementation of autonomy in the local areas. It is due to the local budget is not merely based on the local revenue but, much more than that, the local areas also have the budget resources originated from the local areas alone – that currently is absorbed by the Central Government.