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Jurnal Hukum IUS QUIA IUSTUM
ISSN : 08548498     EISSN : 2527502X     DOI : -
Core Subject : Social,
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
Search results for , issue "Vol. 20 No. 3: Juli 2013" : 8 Documents clear
Pengakuan Kembali Surakarta Sebagai Daerah Istimewa dalam Perspektif Historis dan Yuridis Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 3: Juli 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss3.art4

Abstract

This research is managed to answer three main problems: First, why was the Special Region of Surakarta obliterated? Second, is there any possibility to reconstruct and acknowledge the specialty of Surakarta? And, third, what attempts can be taken to make Surakarta acknowledged as Special Region again? This research aims at: First, understanding the background of the obliteration of Surakarta Special Region; second, studying the possibility of re-acknowledgement of the specialty of Surakarta, and third, finding out the attempts that can be conducted to acknowledge Surakarta as Special Region again. This research is a normative legal study using the regulations of law and several statutes as the primary legal material, and the literature relevant to the research object as the secondary legal material. This research uses the historical approach and statute approach. The analysis method used is qualitative descriptive. The conclusion of this research are: First, in historical perspective, the obliteration of Special District of Surakarta resulted from the social movement of the community called “gerakan anti swapraja” which demanded to revoke the special status of Surakarta. Second, the re-acknowledgement of the special status of Surakarta depends of the political will of Central Government, People Representative Council, Regional Government, Regional Legislative, and the community of Surakarta (ex Karesidenan Surakarta). Third, the attempt that can be conducted in order that Surakarta is re-acknowledged as a Special District is by the extension of the region or through the assessment of Law No. 10 of 1950 by Constitution Assembly.
Perbandingan Sistem Peradilan Tata Usaha Negara dan Conseil d’etat sebagai Institusi Pengawas Tindakan Hukum Tata Usaha Negara W. Riawan Tjandra
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 3: Juli 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss3.art5

Abstract

French State Administrative Court system and Indonesian State Administrative Court system basically have many similarities. The legal problem studied in this paper is related to the attempt to widely manage the judge proactivity principle in the State Administrative Court to attribute the advisory function of the State Administrative Court as a part of active dimensions of the preventive control of the State Administrative Court toward the state administrative staff before a State Administrative Decision is stipulated. The research method used to discuss the problem is the normative legal research using legal comparative approach. The result of the study concludes that there is a necessity to broaden the function of State Administrative Court in Indonesia to increase the quality of the state administrative decisions issued by the state administrative authorities.
Peranan BUMN dalam Pelaksanaan Tanggung Jawab Sosial Perusahaan untuk Meningkatkan Kesejahteraan Rakyat Yeti Sumiyati
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 3: Juli 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss3.art7

Abstract

The problems studied in this research are: First, the role of State-Owned Enterprises (SOEs) in producing high quality goods/service through the SOE management and control based on the GCG principles; second, the role of SOEs in promoting the small scale industries/cooperatives development through Corporate Social Responsibility (CSR). The method used in this research is normative juridical. This research finds and concludes that: First, in any aspects, the implementation of SOE roles is still far from ideal as stipulated in the Article 33 of Constitution 1945, which should be beneficial for the prosperity and welfare of the community. In fact, the SOEs have already implemented the GCG principles in their management and control as the effort to optimize the role of SOEs. Second, the role of SOEs to promote the development of the farmers’ small scale industries/cooperatives through the implementation of CSR can at least help create the independence economic of the farmers as long as the implementation is sustainable and involve the participation of all farmer community.
The Internationalization Of Anti-Money Laundering and The Compliance Of States Author: Hanafi
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 3: Juli 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss3.art1

Abstract

Money laundering has a cross-border character and multifaceted nature of criminal activities. In responding to it, trend in anti-money laundering strategy has moved from a domestic to an international level. This trend was marked by the establishment of international legal instruments which were manifested into the internationalization in preventing and controlling this type of crime. At the same time, international standards as well as global regulations have also emerged into global administrative laws and institutions. The question is how far those countries that are involved in the formulation of the international standards have complied with their obligations? This article takes an analytical approach towards the internationalization of anti-money laundering and some of the key issues surrounding the compliance of states. This research was done by using a normative legal approach, sources of data used in this study are primary and secondary legal resources. This research has concluded the internationalization is one of dynamic aspects of anti-money laundering in responding the global character of money laundering practices. Through this feature, anti-money laundering has manifested into ‘international standards’ which involve binding and non-binding rules
Filosofi Larangan Bunga dalam Kontrak Syariah Author: Nurjihad
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 3: Juli 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss3.art6

Abstract

This research discusses the problems as follows: First, what main principles acting as the legal source of sharia contract law are; and, second, what the philosophical basis of the prohibition of taking interest in sharia contract law is. The method used in this research is normative juridical. The legal materials used are primary and secondary materials. The method of the research is philosophical approach. This research concludes that first, religious practice principle/basis acts as the main foundation of the legal source of the sharia contract law, and other principles act as the supporting factors to complete it. The principles of goodness and justice have ultimate position as the elaboration of religious practice principle since the values of goodness and justice are the soul and objective in all contracts made by the related parties; second, the philosophical basis of the prohibition of taking interest is subject directly to Al Qur’an. The prohibition of taking interest in sharia contract is the manifestation of the equality between the capital owners, and the consequence to take the risks and results courageously and responsibly. The prohibition agrees with the principles of goodness and justice, where there is no action of taking side at one of the related parties that are involved in a contract which means that both parties are in the equal position.
Perbuatan Melawan Hukum Komisaris terhadap Pemberhentian Sementara Direksi Perseroan Terbatas Eko Rial Nugroho
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 3: Juli 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss3.art8

Abstract

The A Limited Liability Company has a company organ which runs the company functions, and the activities of the staff of the organ are not for the interest of themselves but for, on behalf of, and as a form of responsibility of the company as a legal entity. The problems discussed here are: First, is the legal action of the board of commissioners of PT. JOBS DB to temporarily suspend the board of directors of PT. JOBS DB categorized as illegal? Second, what are the legal effects of the action of the board of commissioners of PT. JOBS DB to temporarily suspend the board of directors of PT. JOBS DB which is categorized as illegal? This research aims to find out if the legal action of the board of commissioners of PT. JOBS DB to temporarily suspend the board of directors of PT. JOBS DB is categorized as illegal and the legal effects of the action of the board of commissioners of PT. JOBS DB to temporarily suspend the board of directors of PT. JOBS DB which is categorized as illegal. This research is a normative legal study using qualitative analysis. This research concludes that Sung Samuel Ham Wing as the commissioner of PT. JOBS DB and PT. JOBS DB have violated the provisions regulating the procedures of the termination of the member of the board of directors in both the Laws of Limited Liability Company and the Articles of Establishment of the company, and they have performed the illegal action in accordance to the Article 1365 of Civil Law Code. Therefore, the action of the termination is illegitimate and must never be considered exist.
Pemenuhan Kewajiban Adat sebagai Pidana Tambahan dalam RUU KUHP Lidya Suryani Widayati
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 3: Juli 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss3.art2

Abstract

“The fulfillment of local traditional obligation or obligation prevailing in the local community” as an additional crime in the Draft Plan of Criminal Code means that the law allows the regulation existing in the community (indigenous criminal law) which does not have an equivalent in the prevailing regulations of law to be a legal source”. In this matter, the law enforcers must be able to assess whether there is really a traditional crime reported by the victim. The difference between the criminal code and the indigenous criminal law principles must also be known and anticipated by the law enforcers. This research studies the additional criminal sanction from the perspective of restorative justice that is the indigenous law concept which requires the willingness and participation of the victim, perpetrator, and the community in order to find solution for the crime conducted. This research which uses the secondary data by literature study and the primary data using interview concludes that “the fulfillment of the local traditional obligation or obligation prevailing in the local community” meets the restorative justice principles. However, a comprehensive study is needed to include the restorative justice system into Draft Plan of Criminal Code and Draft Plan of Civil Code to create the synchronization and harmony between material criminal law and normative criminal law.
Hukum Masyarakat Nelayan Saka dalam Sistem Hukum Nasional Sabian Utsman
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 3: Juli 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss3.art3

Abstract

This research discusses the problems as follows: First, how Saka fisherman community understands the mastery concept and the ownership of Saka (Hp2S) that are socially constructed from generation to generation as the legal system existing in the traditional fisherman community in the Regency of Tumbang Nusa of Pulang Pisau, Central Kalimantan; second, how Saka fisherman community manages the conflicts; and third, what attempts can be performed in order that the legal norms of Saka fisherman community can be acknowledged in the legal system development process. This research uses the sociology of law study type with emic perspective. The research result concludes that: first, the mastery of Saka is temporary before the decision on acknowledgement as the owner is made. The process of Saka ownership is initiated from the invention of Saka which is not yet owned by anybody. Later, that Saka is confirmed as owned property and gets the acknowledgement from the community. Second, from generation to generation, they manage the conflicts using deliberation to reach consensus. The form of conflict management of Hp2S using “deliberation to reach consensus” is mostly dominated by men as the role models (the elders) in each group owning Saka. Third, the effort which can be done by the government is creating the new regulations of law or reconstructing the normative bases, or at least creating the regulations of the protection of Hp2S values in the national legal system.

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