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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. 21 No. 2: April 2014" : 8 Documents clear
Perubahan Undang-Undang Dasar Negara Republik Indonesia 1945 Melalui Putusan Mahkamah Konstitusi: Studi Terhadap Putusan Nomor 92/PUU-X/2012 Allan Fatchan Gani Wardhana
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art5

Abstract

After the reform, the amendment of 1945 Constitution of Republic Indonesia, in fact, keeps taking place. The material of 1945 Constitution of Republic Indonesia was amended not only through the formal mechanism of People’s Consultative Assembly conventions, but also through informal mechanism or the mechanism outside the formal context, in this case, through the interpretation of the judges of Constitutional Court. This research studied the problems about: first, did the Act of Constitutonal Court Number 92/PUU-X/2012 amend 1945 Constitution of Republic Indonesia? Second, what were the juridical implications of the Acts of Constitution Assembly? The research method used was normative juridical using case study. The result of the research concluded that first, there was an amendment of 1945 Constitution of Republic Indonesia through the Act of Constitutional Court of Republic Indonesia Case Number 92/PUU-X/2012 regarding the process of the formulation and discussion of draft law on Regional Representative Council (DPD) authority. Second, the Act of Constitutional Court had an implication on the position of DPD which is now equal to House of Representatives and President in suggesting draft law and in formulating Prolegnas, DPD must be involved.
Recent Development on Tobacco Control Policy in Indonesia: Analyzing Obstacles Faced by Indonesia in the Ratification of Framework Convention on Tobacco Control Dodik Setiawan Nur Heriyanto
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art1

Abstract

World Health Organization Framework Convention on Tobacco Control (the FCTC) was adopted on 21st May 2003 and came into force on 25th February 2005. Since its adoption, Indonesia has never signed and ratified this Convention. Currently, Indonesia is the fifth largest tobacco market in the world and the third largest cigarrete consumer (WHO data in 2008), thus it is obligatory for Indonesia to obey the minimum standards of tobacco control under the FCTC. There are two problem formulations that will be answered by this writing: first, what are the obstacles faced by Indonesia during the ratification’s plan of the FCTC? Second, how far the FCTC ratification is effective in protecting public health in Indonesia? This study is normative research by using statute and comparative approaches. Indonesian policy on tobacco control always face with obstacles in the area of politic, economic, and human rights side. Most of the laws are still abstract to support public health in general. Particular researches prove that ratification efforts done by Indonesia would not cause adverse impacts to the economic advantages of tobacco but yet would be able to give effective implementation and legal certainty to protect the public health.
Disclosure of Origin pada Pengakuan dan Publikasi Traditional Knowledge dalam Upaya Perlindungan Hukum Endang Purwaningsih
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art6

Abstract

The precise formulation of disclosure of origin as an attempt of international publication and recognition still faces big challenges. In addition to comprehending the philosophical values contained in the traditional knowledge, the evidence of historical originality of the traditional knowledge must be presented. The objectives of this research were to build the community empowerment model and legal awareness of promoting and protecting Indonesian traditional knowledge (first year) and to suggest a form of legal protection as well as national and international publications of disclosure of origin of Indonesian traditional knowledge (second year). The research method used was normative using sociological approach. Based on the research result, it was concluded that to precisely formulate the disclosure of origin, the Indigenous community must be a proactive subject as well as an agent to promote and protect. The legal protection for traditional knowledge could be realized by accommodating the traditional knowledge into the intellectual rights as a geographical indication and international recognition for the indigenous community communal ownership of the traditional knowledge since the developed countries tended to see it as a common heritage of mankind.
Can International Law be Enforced Towards its Subjects Within the International Legal Order? Fajri Matahati Muhammadin
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art2

Abstract

Can international law be enforced? This begs a question, thus problem, in the theory of law: whether there can be enforcement of law in absence of sovereign authority, as is the case of International law. International law has become its own legal order with its own unique way of operating. This writing is a normative research on the sources and reality of the actors of international law. It is found that international law is enforceable and that there are two ways that international law can be enforced, i.e. enforcement by “authorities” formed by treaty regimes, and by non-authorities (including enforcement individual states and by the international community). It is also found that these enforcement means have their weaknesses.
Upaya Memulihkan Kewibawaan Mahkamah Konstitusi Pasca Tertangkapnya Akil Mochtar Tundjung Herning Sitabuana
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art7

Abstract

This research was to study and find an attempt to recover the authority of Constitutional Court after the apprehension of Akil Mochtar. The method used in this research was normatif legal research which was descriptive qualitative with statute approach. The secondary data were primary and secondary legal materials which were collected by literature study and analyzed normatively and qualitatively. The research result showed that the recovery of the authority of Constitutional Court must be conducted in a correct way, namely by using 1945 Constitution of Republic Indonesia as the guideline in order to ensure the implementation of the norms contained in 1945 Constitution as the standard. This was in accordance with the principle of constitution supremacy applied in Indonesia.
Hak Politik Tentara Nasional Indonesia dan Kepolisian Negara Republik Indonesia Pasca Reformasi Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art3

Abstract

The government policy to temporarily ‘postpone’ the voting right of the army and police after the reform has become an interesting topic of discussion among the people. This study discussed: first, what are the implications of the political and state administration reform 1998 on the national army dual function? This study was a normative research using primary and secondary research materials. This study employed statute and historical approaches. This study concluded that first, the implications of the political and state admisnistration reform 1998 on the national army dual function were the institutional separation between army and police, the abolishment of army membership in People’s Consultative Assembly, and the temporary postponement of voting right of national army and police until General Election of 2014. Second, national army and police were not allowed to use their rights to vote in the General Election after the reform due to the fact that the dual function of army during the New Order had weakened the democracy functions.
Perbandingan Penyelesaian Sengketa Perceraian Secara Mediasi di Pengadilan dan di Luar Pengadilan di Kabupaten Kampar Rika Lestari
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art8

Abstract

The problems studied in this research were: first, how is a divorce settlement through mediation in Religious Court of Bangkinang, Kampar Regency? Second, how is a divorce settlement through mediation outside the court of Kampar Regency? Third, what are the advantages and disadvantages of a divorce settlement through mediation outside and inside the court of Kampar Regency? The method used in this study was juridical sociological. The result concluded that first, the divorce settlement through mediation in Religious Court of Bangkinang had not yet optimally conducted. Second, the divorce settlement through mediation outside the court of Kampar Regency might take place due to good emotional bound between the parties in dispute and the mediators. Third, the advantages of the mediation process in divorce settlement in the court of Kampar Regency were confidential, low cost, and the existence of family spirit. Meanwhile, the disadvantages were the embarassment to the older members of the family and the indirect way of problem solving in which the elders dominantly put their opinions more than the parties in dispute. Moreover, the schedule to meet was uncertain because it needed to be synchronized to the schedules of the elders of each party in dispute. Also, there was no sytematic recording since it was usually conducted verbally.
Politik Hukum Pengaturan Masyarakat Hukum Adat (Studi Putusan Mahkamah Konstitusi) Zayanti Mandasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art4

Abstract

This study discussed the problem of the indigenous law community existence in Indonesia, and the dynamics of the indigenous law community viewed from the Acts of Constitutional Court. This study was focused to analyze two matters, namely: First, how is the existence of the indigenous law community in Indonesia? Second, how does the indegenous law community take the Acts of Constitutional Court? This study used the statute approach. In addition, case study approach was also used to find the ratio decidendi used by the judges of Constitutional Court in adjudicating the statute test case related to the indigenous law community. The result of the research concluded that: first, the existence of the indigenous law community in Indonesia had already been accomodated in the prevailing laws of regulations including the 1945 Constitution of Republic Indonesia, Acts, Regional Regulations, Governors’ Decrees, and Heads of Regions’ Decrees. Second, the law politics of the indigenous law community took the Acts of Constitutional Court as strengthening the existence of the indigenous law community in Indonesia by providing the interpretation or explanation.

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