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INDONESIA
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
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Search results for , issue "Vol. 23 No. 3: JULI 2016" : 8 Documents clear
Penyelesaian Sengketa Batas Daerah Menggunakan Pendekatan Regulasi Saru Arifin
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 3: JULI 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss3.art5

Abstract

One of the increasing trends in the era of regional autonomy is the regional extension both at the provincial level and at district/city level. However, such situation in some cases has emerged some new problems, such as: social conflict, conflict on natural resources and conflict in the regional boundaries. This study examines the problems; first, what factors are causing the dispute on the boundaries in the extension of new autonomous region? Second, how is the pattern of the settlement of boundary dispute provided in the Indonesian legal system? Third, what is the role of the Government in solving the boundary dispute? This is a juridical-empirical research. The study concluded that: First, the boundary dispute has been triggered by the area extension process not requiring the border as a legal requirement in the area expansion. The requirements fulfilled were more technical, physical and political. Second, the pattern of the boundary dispute resolution generally is through two ways: the non-legal border dispute resolution, and legal settlement. In non-legal resolution, it was mediated by MOHA and Governors; while, in the legal dispute resolution it reached through a judicial review to the Supreme Court or the Constitutional Court. Third, in the dispute of area border, the government's role was the facilitator in accordance with the level of its dispute case.
Public Participation in Establishing Legal Policy to TNCs’ Responsibility Upon the Violation of Right to Enjoy Healthy Environment in Indonesia Sri Wartini; Jamaludin Ghofur
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 3: JULI 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss3.art2

Abstract

Public participation needs to be improved to promote an access to justice when the right to enjoy a healthy environment is violated by TNCs. This article has two problem formulations: first, how is public participation in making legal policy for the responsibility of TNCs. Second, why is it necessary to design a legal policy against the responsibility of TNCs for violating the right to enjoy a healthy environment is necessary to promote an access of justice. This research is normative. The approach used was the legislation and conceptual approach. The results of this study concluded that: first, public participation in the process of issuing a legal policy for the responsibility of TNCs in Indonesia has not been implemented properly. Second, the public participation in making the legal policy against the responsibility of TNCs for violating the right to enjoy a healthy environment is necessary to promote an access of justice
Diskresi dalam Penanggulangan Bencana di DIY dengan Paradigma Kontinjensi Ishviati Joenaini Koenti
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 3: JULI 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss3.art6

Abstract

The main problem in this study is to examine the developments of the contingency plans that have not or have been made and whether it is activated or not. If it is activated, how is the evaluation of its implementation and if not activated, how is its monitoring and how is the supervision of its budget? The method used in this research is normative-juridical. The study concluded that not all contingency plans have been made in the types of disaster. Some contingency plans have been made. in Yogyakarta there are 4, 3 are in Sleman Regency, 3 in Kulonprogo and in Gunung Kidul. Overall, there are 8 contingency plans already implemented. For the places that have not been activated, the state is returned to the original condition. To follow-up and evaluation of post-contingency plan, the activation or inactivity should be uniform. It is necessary to put in the draft of Raperda on the changes in the draft of Regional Regulation About Disaster Management.
Hukum dan Teknologi: Model Kolaborasi Hukum dan Teknologi dalam Kerangka Perlindungan Hak Cipta di Internet Budi Agus Riswandi
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 3: JULI 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss3.art1

Abstract

The main issues in this research include: first, what the legal issues and cases are related to the protection of copyright on internet? Second, how is the development of the copyright protection recently? Third, is the collaboration of law and technology as the model of copyright protection on internet? This research was conducted by using the normative legal method. The result of the research showed some conclusions: first, the presence of internet has brought a negative impact on the attitude and behavior of human.  Such negative impact is reflected with the increasing cases of copyright infringement. Therefore, the issue of copyright protection on internet becomes one of crucial issues. Second, recently, the copyright protection on internet can be done through technology approach or legal approach. If these two approaches are conducted separately, then the copyright protection on internet is found very difficult to be realized. To realize the copyright protection, then the model of the collaboration between the technology approach and legal approach becomes something certain. Third, the instrument of the copyright protection in internet collaborates between the technology and legal approach as seen in the regulation in Article 11 and 18 WIPO Internet Treaties and in some other countries such as United States and Indonesia.
Urgensi dan Efektifitas Sanksi Administrasi dalam Pengelolaan Limbah Bahan Berbahaya dan Beracun Siti Ruhama Mardhatillah
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 3: JULI 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss3.art7

Abstract

The implementation of administrative sanctions in Government Regulation No. 101 of 2014 on the Management of Hazardous and Toxic Waste (B3) has emerged a polemic in the form of inconsistency in the sanction enforcement under Act No. 32 of 2009 on the Protection and Management of the Environment (Law PPLH). Under the provisions concerning with the management of B3 waste as regulated in the Act of PPLH, criminal sanction is enforced as premium-remedium without any first enforcement of administrative sanctions. This study observed two issues: first, the urgency and the strategy of sharpening the existence of the administrative sanctions in the Regulation No. 101 of 2014 of the Law No. 32 of 2009. Second, it concerns with the effectiveness of the administrative sanctions in the management and supervision of B3 waste. This is a normative juridical law research. The study concluded that: first, although based on the law of PPLH criminal law is enforced in medium premium, but the role and presence of the administrative sanctions in the B3 waste management is necessary especially to develop any preventive measures against environmental pollution caused by the B3 waste. Second, although the Act of PPLH has applied the criminal sanctions in premium remedium, but the implementation of administrative sanctions is more effective and provides a protection against the threat of environmental pollution from waste B3.
Model Perjanjian Baku Pada Kontrak Berlangganan Sambungan Telekomunikasi Telepon Selular Pasca Bayar Elis Herlina; Sri Santi
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 3: JULI 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss3.art4

Abstract

The contract to subscribe to the telecommunication connection of postpaid cellular phone is a standard contract made by the business actor by almost not giving freedom at all to other parties to do negotiation for the requirements offered. This research is to study: first, is the implementation of standard contract for the subscription contract of telecommunication connection of postpaid cellular phone suitable with the legal principles of the contract? Second, how the model of standard contract in the contract of subscription for the telecommunication connection of the postpaid cellular phone is viewed from the contract laws and Law Number 8 of 1999 on the Consumer Protection? This is a normative-juridical research. The result of the research concluded that first; the   subscription contract for the telecommunication connection of postpaid cellular phone theoretically has fulfilled the provisions of the Article 1320 Civil Law on the requirement of the contract legality. Second, the model of the subscription model of telecommunication connection of postpaid cellular phone must provide the clauses in accordance with the Law of Consumer Protection particularly limited with the Provision of Article 18 of Laws of Consumer Protection.
Peran Negara Dalam Pengembangan Sistem Ekonomi Kerakyatan menurut UUD 1945 Zainal Arifin Hosein
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 3: JULI 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss3.art8

Abstract

The concept of people economy cannot be separated with the concept of people's welfare. Both concepts, explicitly and implicitly, are contained in Article 33 of the 1945 Constitution. Referring to Article 33 of the 1945 Constitution, it is clear that the national economic system Indonesia is intended for social welfare. The problem in this research is how legal policy able to clarify the people's economic as intended in the principles of Article 33 UUD 1945? By using qualitative research method with normative-juridical approach, the study was emphasized by analyzing a variety of resources related to the issues discussed in this paper. The research concludes that the policy of people economic development becomes essential and a priority in order to realize the people prosperity. This can be achieved if the policy of people economic development is supported by the law in the form of legislation which is able to develop micro, small and medium-scale enterprises to take a part in the national business world.
Model Pemberdayaan Konsumen terhadap Ancaman Bahaya Produk Pangan Tercemar Bahan Berbahaya Beracun di Provinsi Lampung Ahmad Zazili; Hartono Hartono
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 3: JULI 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss3.art3

Abstract

One of the consumer rights is the right for food security. In fact there are still many food products distributed for people not fulfilling the health standard. This research is to study the issues of first: what are the measures taken by government in controlling the food products contaminated by the chemical substances? Second, how is the model of consumer empowerment from the threat of food products contaminated by the chemical additives?  The research method used is the empirical-normative law research. Through the library research and elucidation, the result of the research showed first; the controlling measures of government were by prohibiting the use of Formalin, Borax, Rhodamine B, Methyl Yellow as the food additives, and by controlling the distribution of food products. Second, the model of consumer empowerment that can be done is the education for the consumers by spreading the information and elucidation.

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