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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.
Arjuna Subject : -
Articles 8 Documents
 1 
Search results for , issue "Vol. 20 No. 4: Oktober 2013" : 8 Documents clear
Kedudukan BUMN Persero sebagai Separate Legal Entity dalam Kaitannya dengan Pemisahan Keuangan Negara pada Permodalan BUMN Inda Rahadiyan
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art7

Abstract

The problems studied in this research include: first, what is the conception of the independence of BUMN Persero (State Owned Enterprise) as separate legal entity based on the theory and legal doctrine of Liability Company and all of its legal consequences? Second, what is the status of state  assets in regard to the capital of State Owned Enterprise? Third, how is the relation of State Owned Enterprise and its subsidiaries in accordance with the theory and doctrine of regulation of limited company? This research is conducted using legal normative. The findings in this research show that : first, BUMN Persero as separate legal entity is entitled to have its own assets that are separated from the assets of its management including the personal assets of its share holders, second, in the context of State Owned Enterprise, the inclusion of state assets into the capital of BUMN is a result of separating the state owned assets as regulated in Law Number 19 Year 2003 about BUMN, and third, State Owned Enterprise along with its subsidiaries is an independent legal entity in which its management must be done in accordance with certain rules (good corporate governance) without any interfere from any parties.
Legal Aid Scheme In Indonesia: Between The Policy And The Implementation Elisabeth Sundari
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art3

Abstract

In the legal policy level, the government of Indonesia has already had the policies to assist the justice seekers who are financially weak to have an access to justice through court. There are two research problems in this matter. First, does the policy on the legal assistance as stipulated in Law Number 16 of 2011 work optimally for the justice seekers who are financially weak? Second, how is the implementation of the policy on the legal assistance in the practices? The normative research was conducted to answer those two questions, through document data such as Law No.48 of 2009 on The Principles of Justice Power, Law No. 8 of 2003 on Advocate, and Law No. 16 of 2011 on Legal Assistance, and the implementation of those regulations in the practices in several places. The conclusion obtained from the research is: First, it is not yet optimum since the policy especially in terms of budget allocation of the legal assistance is still low. The professional lawyers tend to avoid their obligation to free give legal assistance to the poor. Second, in practice, the legal assistance is not yet enjoyed by the poor justice seekers. The economic and good will are the influencing factors.
Dinamika Pemilihan Gubernur Jawa Timur R. Nazriyah
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art8

Abstract

This research is aimed at finding the reasons of the Board of Trustees of the General Election Committee (DKPP) in granting the charge of Khofifah Indar Parawansa and the reasons of the Constitutional Court in rejecting the charge related with the Regional Head Election of East Java in 2013. This research is a normative research with the approaches used consisting of Acts and Case studies. The data used are secondary data involving primary legal material, secondary legal material, and tertiary legal material. The data collected were then analyzed qualitatively. The result of the research concludes that according to the Costitutional Court, the Jalan Lain Menuju Kesejahteraan Rakyat (Jalin Kesra) program conducted by Soekarwo is not a fatal mistake in the Regional Head Election. According to the Constitutional Court, the program is a sustainable program initiated and conducted since 2010. Meanwhile, the consideration of DKPP to grant the charge of Khofifah-Herman is because the General Election Committee was proven of diminishing the party constitutional right to suggest a candidate in the Regional Head Election of East Java including Khofifah-Herman for the candidate for governor and deputy governor. The grant and social assisstance (bansos) program must be conducted in the first three years of the regional head governance so that there will not be an allegation of the grant and social assistance manipulation for campaign activities if the incumbent plans to be reelected.
Dialektika antara Aliran Hukum Alam dan Hukum Positif dan Relevansi dengan Hukum Islam Hajar M.
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art4

Abstract

The main research questions in this study are: First, how is the dialectic between the positive law and the natural law? and second, how is its relevance with the Islamic law? The purpose of this study is to understand the dialectic between the positive law and the natural law and its relevance with the Islamic law. The method used in this study is philosophycal approach. The discussion is presented using descriptive analityc method which is then analyzed using juridical qualitative and juridical normative methods. The result concludes that: First, the natural law is both based on the principle of justice and related with the proper law. The positive law is inspired by the insight on the opposite law. The positive law is separated fron the justice and ethics, while the natural law is ideal and higher in its position as the standard of justice. Since the natural law is based on the conscience, it cannot prevail. Second, Islamic law consisting of revelations as well as positive law and natural law can be combined yet still harmonious in nature.
Gender dan Korupsi (Pengaruh Kesetaraan Gender DPRD dalam Pemberantasan Korupsi di Kota Yogyakarta) Aroma Elmina Martha; Dwi Hastuti
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art5

Abstract

Gender Gender and corruption are the recent problems in the anti-graft issue. This research is aimed at understanding the profile and gender equality influence in the corruption eradication attempts in DPRD Kota Yogyakarta. The research uses the combination method between quantitative and qualitative data. The result of the research shows that: First, the aspects of values, state governance ethics, attitude guidance and accountability of women are better than those of men. Women have nine indicators of excellence, while male members of the legislatives only have seven indicators of excellence. However, there is a gender inequality in DPRD Kota Yogyakarta. The large gap of inequality occurs in the control of and benefit for the women in each activity they follow. Second, the superiority of woman in the corruption eradication attempt will not be meaningful without gender equality.
The Role Of The Host State To The Protection Of Human Rights And The Environment From The Violation Done By Transnational Corporations Sri Wartini
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art1

Abstract

Transnational Corporations (hereinafter TNCs) have great influence in the economic development and social welfare in host states. Due to the strong economic power owned by TNCs, they are able to influence the government of the host states. However, to certain extent, in order to gain a great profit, they often violate human rights and the environment in the host states. Unfortunately, the TNCs are not the subject of international law, thus international environmental law and International human rights law cannot be applied to TNCs. It seems that TNCs are out of the ambit of Law. However, it is essential to enhance the role of the host state government to enforce the law in order to protect human rights and environment in the host state. This paper undertakes a critical examination of the issues relating to human rights violations and environmental damage done by TNCs in developing countries. The research method of this article is qualitative and the approach of the research is normative. The research finds that the role of the host sate to enforce the law to protect human rights and environment from the violation done by TNCs is paramount.
Strategi Hukum dan Penerapan Partisipasi Masyarakat dalam Penyelesaian Sengketa Batas Daerah di Sumatera Selatan Iza Rumesten RS.
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art6

Abstract

The long conflict on the regional border causes loss to a country, especially in terms of economic, and threatens the defense and security of the country. The purpose of this study is to analyze and formulate the legal step that can be taken to resolve the regional border conflict resulting from the regional expansion and to formulate a model for the community participation in resolving the border conflict in their region. The method used in this research is legal normative by analyzing and studying the regulations of law related to the regional expansion and by studying and analyzing the legal materials used by each party conflicting to claim the border in dispute. The result of the research concludes that: First, the legal strategies that can be taken to resolve the border conflict can refer to the Law No. 12 of 2008 on Regional Government and the Regulation of the Minister of Home Affairs No. 76 of 2012 on the Guidelines on the Regional Border Confirmation and the last measure that can be taken is the settlement through the Constitutional Court. Second, the active involvement of the community in the region in dispute must be encouraged in each process of the regional expansion proposition.
Pemberian Legal Standing kepada Perseorangan atau Kelompok Masyarakat dalam Usul Pembubaran Partai Politik Allan Fatchan Gani Wardhana; Harry Setyanugraha
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art2

Abstract

Political party and corruption in Indonesia can be allegorized as two sides of a coin, both of which relate closely to each other. Law No. 2 of 2008 in conjunction with Law No. 2 of 2011 on Political Party mentions one of the reasons of the political party dismissal, namely conducting an activity which violates the regulations of law. The proposition to dismiss a political party comes only from the Government. This fact closes the opportunity of other parties like individual or community group to propose a political party dismissal. The problems studied in this research are: First, the reason why an individual or a community group should be given the legal standing in the proposition of the political party dismissal. Second, the relevance of the legal standing provision to an individual or a community group in the proposition of the political party dismissal. Third, what attempt that can be conducted to provide the legal standing for an individual or a community group in the proposition of the political party dismissal. The method used in this research is normative juridical method employing law material approach. The result of the research concludes that: First, the urgency to provide the legal standing for an individual or a community group in the proposition of the political party dismissal to interpret the implementation of the people sovereignty in the law state principle. Second, by the provision of legal standing for an individual or a community group, the citizen monitoring toward the political parties will be more effective. Third, the attempt that can be conducted to provide legal standing for an individual or a community group in the provision of the political party dismissal is by revising the Constitutional Court Law.

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