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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
 1 
Search results for , issue "Vol. 21 No. 3: Juli 2014" : 8 Documents clear
Perkembangan Prinsip Tanggung Jawab (Bases Of Liability) dalam Hukum Internasional dan Implikasinya terhadap Kegiatan Keruangangkasaan Neni Ruhaeni
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 3: Juli 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss3.art1

Abstract

This research discusses the development of bases of liability in international laws and its implications to any outer space activities. The research method was normative-juridical. The findings show that: first, based on the development history, there are three bases of liability in international laws; each has its own characters and implementation mechanisms. Second, the important implications of the development of bases of liability in international laws of outer space activities are written in Article II and Article III Liability Convention 1972 which are the elaboration of the stipulations in Article VII of the Outer Space Treaty 1967. As a consequence of Indonesian’s participation in international outer space laws, bases of liability which is mentioned in Article II and Article III Liability Convention 1972 should be implemented in national legislation related to the liability in any outer space actitivies in Indonesia.
Hak Kewarisan Cucu (Analisis Yurisprudensi Mahkamah Tinggi Syariah di Selangor, Malaysia dan Mahkamah Agung di Indonesia) Hajar M.
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 3: Juli 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss3.art6

Abstract

The problems in this research are: first, how is grandchildren’s inheritance right in the jurisdiction of Islamic Supreme Court in Selangor, Malaysia and Supreme Court in Indonesia? Second, how is the comparison of grandchildren’s inheritance right in those two jurisdictions; and how is the pattern of the distribution of inheritance to grandchildren? This research used comparative approach. The discussion was presented in descriptive analysis. The data analysis was qualitative and normative-juridical. The findings show that: first, grandshildren’s right mentioned in the old fiqh mujtahid is revised in fiqh of consitutions in Selangor and in Indonesia. Grandchildren’s inheritance right, based on the jurisdiction in Selangor, is called as wajibah, and in Indonesia it is called as heir substitute (ahli waris pengganti). Second, there are both similarities and differences between those two jurisdictions. The one in Selangor is a result of ijtihad tatbiqi which is in line with Islamic law principles. Grandchildren from the male side whose parents pass away first will receive inheritance right. Grandchildren from female side do not receive any right. The portions that grandchildren receive can be governed in inheritance status or last will which maintains justice. The jurisdiction of grandchildren’s inheritance right in Indonesia is resulted from customary law which is adopted from Netherland’s civil law. It is a part of culture which is not based on religious principle (syahadat), is against justice principle, ijbari principles, is not in line with inheritance elements, and is against the priority principle and hijab.
TRIPS-Plus Provisions on Patent under Indonesia’s Bilateral Free Trade Agreement Nurul Barizah
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 3: Juli 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss3.art2

Abstract

The protection for Intellectual Property Rights (HKI) with higher standards than the one mentioned in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), known as TRIPs-Plus, has become a crucial legal issue in bilateralism era nowadays. This research is aimed at analyzing the stipulations in TRIPs-Plus in the case of Patent which is mentioned in several Bilateral Free Trade Agreement (BFTAs), analyzing the existence of TRIPs-Plus in BFTA between Indonesia and its business partner countries, and analyzing whether Indonesia needs to revise its Constitution regarding Patent to fulfill such commitment. This was a normative legal research which used constitutional, conceptual, and comparative approaches. The findings show that most of BFTA which are already agreed by developed and developing countries with their business partner countries , in the case of Patent, contain the standards of TRIPs-Plus. Such stipulation is also found in Indonesian Japan Economic Partnership Agreement (IJEPA). However, the revision of Constitution about Patent should be based on not only bilateral commitment, but also national interests.
Bantuan Hukum terhadap Kaum Difabel Korban Tindak Pidana Upaya mewujudkan Acces to Justice Anggun Malinda; Ekha Nurfitriana; M. Yasin Al Arif
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 3: Juli 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss3.art7

Abstract

Legal aid and protection for disabled people are still difficult to get. Worse, there are not any legal institutions which protect them. The problems discussed in this research are: first, how is the issue of legal aid to disabled people as criminal victims and its challenges? Second, what kinds of legal aid that should be given to disabled people as criminal victims in order to bring access to justice? This was an empirical and normative legal research. The research findings show that: first, the advocacy of disabled people as the victims of violence has been handled by several LSM (Non-Governmental Organizations) in the field of legal aid. Most of the handled cases are discontinued in the middle of the process due to some issues regarding the legal aids, such as issues related to legal aid agencies, disabled victims, victims, and law enforcement apparatus. Second, the ideas suggested to legal aid agencies are to provide supervision from psychologists, translators, and special advocates to handle disabled victims. The ideas suggested to the police are to provide special investigating officers for disabled people, such as assigning police woman for rape and violence cases involving disabled woman victims; and in the judicial proceedings i.e. by one time investigation system in the investigation step in which judges review the victims’ testimony based on police investigation report in the investigation step.
Studi Kritis Mengenai Kewenangan Dewan Kehormatan Penyelenggara Pemilu dalam Mengawal Electoral Integrity di Indonesia M. Imam Nasef
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 3: Juli 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss3.art3

Abstract

Honorary Council Election (DKPP) is considered very progressive because in less than two years from its inauguration, it has solved around 127 cases. However, there are several decisions made by DKPP which are controversial because they make decisions and give sanctions to not only violations of ethical codes,  but also administrative sectors and conflicts related to general elections. The problems of this research are: first, what are the limits of DKPP’s authority in investigating and making decisions on ethical code violation during general election? Second, how is the relationship pattern among KPU (Election Supervisory Committee), Bawaslu (Election Watchdog), and DKPP which is based on electoral integrity in conducting general election? This research employed statute and conceptual approach as well as qualitative analysis. The findings show that: first, the limits of DKPP’s authority have been governed in the Constitution of Elections. DKPP only has authority to investigate and make decisions on the notions of ethical code violations which are done by election committee. Second, the pattern of the relationship among election committees in Indonesia has actually adopted the electoral integrity principles, but it will be better if DKPP, in doing its duties, does not overlap with the authority of other agencies or institutions so that they can work professionally.
Politik Hukum Pembaharuan Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas (Kajian Pasal 74 beserta Penjelasannya) Eko Rial Nugroho
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 3: Juli 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss3.art8

Abstract

The change of Corporate Social Responsibility (CSR) to be a legal obligation has made CSR become formality to fulfill certain obligations. The drafting process of the Constitution of Limited Company (UU PT), especially related to CSR regulations, has not fully reflected the characteristics of laws which are responsive in the middle of democratic political configuration. Therefore, this research focuses on discussing how the legal politics in the amendment of Consitution No 40 Year 2007 regarding Limited Company especially related to Article 74 which is about Corporate Social Responsibility and its explanations are. This was a normative legal research which was analyzed by using qualitative analysis. The findings show that the drafting process of UU PT has not fully reflected the characterstics of laws which are responsive in the middle of democratic political configuration. CSR regulations in UU PT, practically becoming the characteristics of Indonesian corporation laws, overlap with other existing laws.
Penyelesaian Sengketa Kewenangan Konstitusional Lembaga Negara sebagai Salah Satu Kewenangan Mahkamah Konstitusi Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 3: Juli 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss3.art4

Abstract

The problem formulations of this research are: first, how is the structure of state institutions in Indonesian constitutional system according to the 1945 Constitution of Indonesian Republic? Second, what are the issues in dealing with the conflicts related to state institutions’ authority in Constitutional Court of Indonesian Republic? This research is aimed at: first, analyzing the structure of state institutions in Indonesian constitutional system according to the 1945 Constitution of Indonesian Republic. Second, analyzing and identifying the issues in dealing with any conflicts related to state institutions’ authority in Constitutional Court of Indonesian Republic. This research was a normative legal research. The data analysis was done by using descriptive-qualitative approach. The findings show that: first, the structure of state institutions in Indonesian constitutional system after the amendment of the 1945 Constitution of Indonesian Republic has equal positions since the position of MPR (People’s Consultative Assembly) as the highest state institution has been abolished. After the amendment of the 1945 Constitution, Indonesian constitutional system no longer upholds the teaching of distribution of power, but separation of power. Second, the issues in dealing with the conflicts related to state institutions’ authority in Constitutional Court are the fact that there are differences in each decisions in SKLN, i.e. Decision No. 068/SKLN-III/2004, Constitutional Court Rejects the Petitions of Petitioners. Decision No. 3/SKLN-X/2012, Constitutional Court Grants. And Decision No. 2/SKLN-X/2012 Constitutional Court states Not Granted.
Eksistensi Hakim dalam Pemikiran Yuridis dan Keadilan Rusli Muhammad
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 3: Juli 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss3.art5

Abstract

The researched problem is how the existence of court judge seen from juridical thinking and justice concept through time is. The research method was normative research with philosophical and conceptual approach. The findings of this research are: first, judges are responsible for judicial proceedings and decision related to all the cases they handle, by using legal logic and thinking as well as justice principles. Second, judges who act as a part of law enforcement are responsible for upholding justice by finding the legal principles by digging, obeying, and understanding any values existing in societies. Third, judges should always make judiciary as a primary institution which is independent and decisive, and as a central institution, not as a marginal institution which is dependent and controlled by any political, financial, and authority influences. Fourth, in the future, judges must be willing to participate actively in eradicating and preventing any occurrence of judicial mafia and making the judiciary free from any judicial mafia. Fifth, maintaining the existence of judges is determined by work performance, professionalism, idealism, and sufficient facility as well as internal and external supports.

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