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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
 1 
Search results for , issue "Vol. 23 No. 4: OKTOBER 2016" : 8 Documents clear
Kajian Filsafat Ilmu terhadap Pertambangan Batubara sebagai Upaya Meningkatkan Kesejahteraan Rakyat Indonesia Irsan Irsan; Meria Utama
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The major issue in this research is about the study on the general philosophy (ontology, epistemology and axiology) towards the use of natural resource of coal mining as an effort to improve the Indonesian people welfare.  This is a normative research in which the research approach used the approach of philosophy of laws examining the legal values embedded in the law and regulation related to the use of natural resource of coal mining in Indonesia.  the result of the research showed that first, in the study of ontology, coal mining has contributed to the national economy that is supposed to be run in harmony with the Article 33 sentence (3) and (4) of Constitution 1945. Reflection now is the governance of state is more dominant in its use; thus, it needs a new balance in the form of national management policy. Second, in the study of epistemology, there is a need to use the principle of sustainable development in the coal mining with people economic system and even distribution; and third, in axiology, there is a need of the direct and indirect use in improving the welfare of Indonesian people.
Perilaku Menyimpang Praktik Bisnis Periklanan dalam Perspektif Hukum Pidana dan Penegakan Hukumnya Hanafi Amrani
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research is aimed to analyze the criteria and form of deviation behaviour in business practice of advertisement and the deviation behaviour in business practice in the perspective of criminal law and its legal enforcement. This is a normative legal research using the regulation approach and concept approach. The data was collected and analysed using the descriptive – qualitative method. The result of the research showed that first; there are two criteria to show the deviation behaviour: fact of material and rationale consumers. Meanwhile, a number of deviations in presenting the information of advertisement through mass media including presenting the information falsely (false statement), revealing the fact misleadingly (mislead statement), giving the description incompletely (omission), giving the exaggerating opinion without any support of fact (puffery), and advertisement is contradicting with politeness, moral and ethics. Second, in the perspective of criminal law, the deviation behaviour can be categorized as the criminal act.  The problem in this research is related to the legal enforcement particularly related to the unequal perception between society and the law enforcers in responding the deviation behaviour in the business practice of advertisement whether it is included in business tort or business crime. Other factor that is also impacting the enforcement of criminal law is related to the evidence, mentality of the law enforcers and society and political will of government in doing an action towards the business activity of deviating advertisement.
Death Penalty Legislation in China and Indonesia Under International Human Rights Law Perspective Dodik Setiawan Nur Heriyanto; Huang Gui
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Most of countries in the world have terminated the death sentence for the sake of respecting the human rights internationally as the universal human rights. In fact, China and Indonesia have the different practice in the executing the death penalty for certain crimes.  Using the normative legal research method, this research analysed two core issues including to what extent of the international protection of human rights in China and Indonesia. This study is to analyze two main issues: to what extent the international protection of human rights in China and Indonesia and how the law and the international protection of human right impact the policy of implementation of death sentence in China and Indonesia. This study concluded two points: first, there was a difference in the implementation of human rights both in China and in Indonesia particularly in implementing the death sentence in both countries in which both apply certain limitation in implementing the death sentence. Second, the approval of the International Kovenan about the civil right and political right becomes the basic parameter to what extent those two countries regulate the policy of death sentence and to what extent of the attempt of those two countries in making its domestic law harmonious with the international human right.
Implementasi Pasal 38 ayat (1) Undang-Undang Nomor 28 Tahun 2014 terhadap Ekspresi Budaya Tradisional di Kabupaten Sleman Dyah Permata Budi Asri
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The issues in this research include first, how is the protection for the traditional-cultural expression recently done in Sleman Regency? Second, how is the attempt of Department of Culture and Tourism of Sleman Regency towards the legal protection to the traditional cultural expression in Sleman Regency? This is a juridical-empirical research by taking the primary data from the research field through observation and interview done to the informants (Department of Culture and Tourism of Sleman Regency and Ministry of Law and Human Rights, Regional Office of Special District of Yogyakarta) and supported with the secondary data. The result of this research concluded that first the protection given by the Local Government related to the obligation mandated by regulation of Copy Right is through the inventory, documentation and other activities regarding the cultural affair of speciality of Yogyakarta. Second, the further attempt to give the protection for the traditional culture expression in Sleman Regency is by making the database of culture based on the information system; thus, it can be accessed by all parties and as a media to promote the tourism in Sleman Regency.
Urgensi Perluasan Permohonan Pembubaran Partai Politik di Indonesia Sri Hastuti Puspitasari; Zayanti Mandasari; Harry Setya Nugraha
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885//iustum.vol23.iss4.art2

Abstract

This research is to analyze the issues of: first, the urgency of extension of petition of the dispersion of political party in Indonesia. Second, it is related to ius constituendum of the procedure of petition of dispersion in Indonesia. The research method used was the juridical normative method using the philosophical approach, regulation approach, and sociological approach. The result of the research concluded that first: the urgency of the extension of the petition for the dispersion of political party breaking the General Election both in terms of the reason of its petition and the parties involved as the petitioner is in order to create a democratic general election in Indonesia. Second, the procedure of the court session of political party dispersion for doing the violation in general election through 5 phases of court session: 1) examining the introduction to examining the administrative completeness of the petitioner. 2) the further court to listen the petitum of the petitioner; 3), The further court session is to listen the explanation of the one reported; 4) the court of evidence including the document evidence, fact evidence and listen to the witnesses of the experts and other related parties and 5) it is about the court of reading the decision.
Perlindungan Hukum terhadap Disabilitas dalam Memenuhi Hak Mendapatkan Pendidikan dan Pekerjaan Jazim Hamidi
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss4.art7

Abstract

As a law-based country, it becomes a must for Indonesia to protect the disability; one of constitutional rights as regulated in Article 28 I Sentence (2) Constitution 1945 of Indonesia Republic. This research is to study: first, the form of the legal protection in an attempt to fulfil the right for getting education and job for the disabilities; second, the formulation of the affirmative action policy for the accessibility in education and job for the disabilities in Indonesia. the typology of this research is the dogmatic legal research addressed to observe and formulate the legal argumentation through the analysis on the core of the issues. The technique of collecting the legal material was done through the library research and the approach used was the statute approach that is by analysing the valid legal regulation regarding the disabilities. This research concluded that first; the government tends to give the legal protection discriminatively for those with disabilities to obtain the proper education and job. Second, there was a bias in legal norm in the regulation on the accessibility of education and job; thus there is a need of legal renewal in the form of affirmative action policy on accessibility of education and job for the disabilities including: 1) completing (making something better); 2) changing to make it much better and 3) doing something unavailable before
Pergulatan Paham Negara Kesejahteraan (Welfare State) dan Negara Regulasi (Regulatory State) dalam Perkara Konstitusional Bisariyadi Bisariyadi
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/10.20885/iustum.vol23.iss4.art1

Abstract

The concept of Welfare State principally can be applied along with the Regulation State. Welfare refers to the dream of a nation and here carrying out the function of regulatory is a means to achieve it. The alignment of these two concepts is possible. The issue concerned in this study is a debate in the decisions of the Constitutional Court regarding the application to understand the Welfare State and Obligation State in Constitution. The issue is focused on the economic affairs and social welfare, especially in the formation of bodies that have power in ruling as stated in Article 33 and Article 34 of the 1945 Constitution. The issue of this research is regarding the Constitutional Court ruling to dissolve the Executive Agency for Oil and Gas but on the other hand there is the Constitutional Court decision confirming the existence of Social Security Agency. In fact, both are the legal entities established by the state to perform the control and regulation. This research used normative-juridical method and concluded that the Constitution insists on applying the concept of the Welfare State, but it does not mean that there is no space for the development of the concept of Regulation State. Today, granting a ruling authority to certain bodies is inevitable in order to lighten the State burden.
Rekonstruksi Pemidanaan Pelaku Tindak Pidana Terorisme di Indonesia Cipi Perdana
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol23.iss4.art8

Abstract

The issues taken in this research include first, the base of policy justification for the criminal sanction of terrorism; second, the formulation of the accurate criminal sanction of terrorism in the draft of positive law in Indonesia; Third, the forms of criminal sanction that can be offered as a form of reconstruction of criminalization for the terrorists. This is a juridical-normative research in which the result of the research concluded that: first, the justification in the implementation of sanction for criminal act of terrorism is based upon the philosophical sanction implementation supported by the positivism based upon the determinism and philosophically in line with the values as stated in Pancasila and the values of justice as a purpose of the mono-dualistic teachings in criminal law.  Theoretically, the implementation of criminal sanction is in line with a number of legal theories such as the modern/combination criminalization theory (Vereningings Theorien), Restorative Justice Theory and double Track System theory. Second, regarding the following regulation revision of the terrorism, there is a need of limitation and conditions of the implementation of criminal sanctions in terms of crime and criminal. Third, the form of criminal sanctions can be done in two ways: The normative form through the Brainwashing program and deradicalization program. Whilst, the social form is done by the way of: correlational separation and the establishment of special institution for the implementation of criminal sanction that is an institution under the Attorney General as the executor of court verdict.  

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