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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 10 Documents
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Search results for , issue "Vol. 25 No. 1: JANUARI 2018" : 10 Documents clear
Model Penyelesaian Sengketa dan Peradilan Adat di Aceh Nanda Amalia; Mukhlis Mukhlis; Yusrizal Yusrizal
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 1: JANUARI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss1.art8

Abstract

This research had two objectives: first to explore the opinions of Aceh community, especially those who lived in Gampong (village) area, about the implementation of customary court in Gampong and second to illustrate the dispute resolution models used by the Gampong Customary Court and any considerations underlying its judgment in making decisions. This was a qualitative research, using a socio-legal approach that specifically took place in Lhokseumawe, Northern Aceh, Meulaboh and Tapak Tuan. In addition to literature studies, the data collection was also done through field research. This study concluded that, first, the existence of Gampong customary court is perceived by the society to have an alternative and positive potential as the resolution of minor violations that could be resolved by the community. In addition, the existence of this customary court could reduce the accumulated cases in court as well as could help the community access the protection of their rights. Second, there are two models of dispute resolution in Gampong, namely a simple dispute resolution model with the involvement of Geuchik and the element of Tuha Peut Gampong. Another model is a dispute resolution model that resembles formal trials based on the customary court guidelines issued by Aceh Customary Board.
Towards Legal Coherence in Trademark Law and Investment Law of Asean Countries Post AEC (Asean Economic Community) Blueprint 2025 Tomi Suryo Utomo
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 1: JANUARI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss1.art3

Abstract

The blueprint of the ASEAN Economic Community (AEC) 2025 is adopted by ASEAN members on November 22, 2015. To discuss this issue, this paper focused on analyzing any challenges in achieving legal coherence in terms of brand and trade among the ASEAN countries and analyzing the principles and strategies to create legal coherence in terms of brand and investment laws in ASEAN countries. This was a normative research using statute approach and law comparison that analyzed secondary data qualitatively. This paper concluded that legal coherence in brand and investment laws can be achieved if ASEAN could overcome various challenges such as differences in legal, economic and technological systems, legal culture and infrastructure development. The principles required are the harmonization of laws and policies to abolish trade barriers related to borders. Some of the strategies of legal coherence are to make Blueprint as a guideline and to apply harmonization of law through standardization and technical regulation reformation.
Evaluasi Program Peningkatan Kompetensi Hakim Melalui Pelatihan yang Terintegrasi dan Berkelanjutan di Indonesia Indriati Amarini
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 1: JANUARI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss1.art9

Abstract

The ability of judges to make decisions is acquired from their experiences during the career that they have undergone. The problems formulated in this study were, first why is it necessary to improve the competence of judges through trainings of judges? Second, how is the model of judge competence improvement program aimed to create professional and authoritative judges with high integrity? This was a socio-legal or non-doctrinal research. The results of this study indicated that: first, judge training programs are highly necessary in order to create professional and authoritative judges with high integrity. Besides, these trainings also serve as a means to improve the quality of judge decisions and judge competencies, including professional competence, personal competence, social competence, and leadership competence. Second, the model of judge competence improvement program to create professional and authoritative judges with high integrity is through integrated and continuous trainings.
Harmonisasi dan Sinkronisasi Hukum terhadap Perbedaan Pengaturan Barang Impor dalam Keadaan Baru Leny Pratiwi
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 1: JANUARI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss1.art4

Abstract

The objectives of this study were to determine and examine the factors causing differences in the regulation of imported goods in the form of new goods as shown in the existing differences between the law and Regulation of the Minister of Trade with the Regulation of the Minister of Finance as well as the efforts to harmonize and synchronize the differences found in the regulations of imported new goods. This was a normative legal research, with statute approach. The results and discussion of this research showed that the factors causing the different arrangements of imported new goods are related to the background of the establishment of the legislations, namely the Trade Law, Regulation of the Minister of Trade No. 48/M-DAG/PER/7/2015, Regulation of the Minister of Trade No. 51/M-DAG/PER/7/2015, and Regulation of the Minister of Finance No. 6/PMK.010/PER/2017 and the fact that the theory of legal system is not implemented because such legal system contains the stages of the formulation of laws and regulations which include harmonization and synchronization among Pancasila, the 1945 Constitution, and legislation. Law is declared to be valid if it is sourced and based on norms established by higher norms, in this case the principle of lex superiori derogate legi inferiori. An effort to harmonize and synchronize the differences in the arrangement of imported new goods is to pay attention to the procedures for the establishment of legislation especially regarding the harmonization and synchronization stage that must be undertaken by the Directorate General of Legislation (DJPP)
Peran Pemerintah Daerah untuk Mewujudkan Kota Layak Anak di Indonesia Darmini Roza; Laurensius Arliman S
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 1: JANUARI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss1.art10

Abstract

The main problems in this research were, first, how is the participation of local governments in realizing children-friendly city/district (KLA) in Indonesia. Second, what are the factors that affect the local governments in realizing children-friendly city/district in Indonesia. This was a normative legal research; legal materials were analyzed using descriptive qualitative approach. The results of the research showed that: first, the forms of participation of the local governments in fulfilling children’s rights so that they deserve to be declared as KLA are: 1) Civil Rights and Freedom; 2) Family and Alternative Nursery; 3) Disability, Basic Health and Welfare; 4) Education, Utilization of Leisure Time and Cultural Activities; and 5) Special Protection. Second, there are several factors that affect how a region becomes KLA: 1) Legislation and policies on the fulfillment of children's rights; 2) Budget for the fulfillment of children's rights; 3) The number of legislations, policies, programs and activities that get input from children forum and other children groups; 4) Availability of KLA-trained human resources who are able to integrate children’s rights into policies, programs and activities; 5) Availability of children’s data by sex, age, and sub-districts; 6) Involvement of community institutions in the fulfillment of children's rights; and 7) Involvement of business in the fulfillment of children’s rights.
Menakar Justice for Peace dalam Penyelesaian Sengketa Konsumen Melalui Mediasi (Studi Keputusan BPSK No. Reg. 004/REG/BPSK-DKI/I/2016) Mia Hadiati; Mariske Myeke Tampi
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 1: JANUARI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss1.art5

Abstract

Consumers and business actors as seekers for justice for peace consider the decision of the Consumer Dispute Resolution Agency (BPSK) as a peace agreement letter containing the values of justice for peace. The problem analyzed in this research was the achievement of justice for peace in the decision of BPSK in Jakarta in decision No. Reg. 004/REG/BPSK-DKI/I/2016 dated January 22, 2016 between Andhie Saad as a consumer and Turkish Airlines as a business actor based on the principles of justice, benefit, and legal certainty. This research used qualitative method with statute approach and conceptual approach based on theories of Jeremy Bentham, John Rawls and Hans Kelsen as elements of justice for peace. The primary legal materials used were Law no. 8 of 1999 on Consumer Protection and Decree of the Minister of Industry and Trade of the Republic of Indonesia No. 350/MPP/Kep/12/2001 on the Implementation of Duties and Authority of Consumer Dispute Resolution Agency (BPSK). The analysis was carried out using philosophical-normative approach. The result of the research showed that, the resolution of Consumer Dispute through Consumer Dispute Resolution Agency (BPSK) in decision of BPSK No. Reg.004/REG/BPSK-DKI/I/2016 has met the values of justice for peace.
Kebebasan Memilih Pihak dalam Kontrak pada Asas Kebebasan Berkontrak dalam Sewa Menyewa Kamar Tinggal Annisa Syaufika Yustisia Ridwan; Sa’ida Rusdiana
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 1: JANUARI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss1.art6

Abstract

One of the scopes of freedom of contract is to freely determine with whom a person makes an agreement. In terms of renting a boarding house in Indonesia, it is often found that the owners of boarding houses only allow Muslim tenants by installing a sign saying "Terima Kost Muslim". The objective of this study was to examine the issues of: first, the meaning of freedom to choose partner in the principle of freedom of contract in the Installation of a Board saying "Terima Kost Muslim", and second, the restriction on freedom to choose partner in boarding house tenancy agreement related to the installation of a Board "Terima Kost Muslim". This was a normative legal research with literature study that aimed to obtain secondary data by reviewing legislation, literature, and other relevant legal materials. The data obtained were then analyzed qualitatively. The conclusions are, first, the meaning and freedom in choosing partner in a boarding house tenancy agreement are that everyone is free to bind him/herself in an agreement by mentioning an offer to a particular party. Second, things that restrict the freedom to choose partner in a boarding house tenancy agreement are the principles of anti-discrimination, legislation and propriety in society
Implementation of Trade Regulations on Fisheries to Prevent Fish Laundry in Indonesia Ika Riswanti Putranti
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 1: JANUARI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss1.art1

Abstract

Fish laundry or commonly known as fraud of fish origin or theft of fish in trade is to hide the origin and procedure of how fish is caught through unlawful processes such as IUU fishing or fisheries crime. The objective of this study was to answer two questions about: first, to what extent is the implementation of trade regulation in fisheries in order to prevent fish laundry in Indonesia and second, to analyze the shortcomings of Indonesia’s trade regulation in fisheries to prevent the penetration of fish laundry into domestic market. This was a normative study, using secondary data with statute approach, conceptual approach, and comparative approach, which was analyzed using descriptive qualitative approach. This study suggested that: first, fishery regulations are still focused on administrative procedures in disclosing the origin of fish, so that these are still less effective in preventing fish laundry. Second, the shortcoming of trade law is that it still prioritizes service function compared to supervision in fisheries, thus reducing the effectiveness of fish laundry monitoring
Proporsionalitas dalam Kebijakan Formulasi Sanksi Pidana Mahrus Ali
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 1: JANUARI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss1.art7

Abstract

This research focused on the idea of proportionality in criminal law and its implementation in the policy of criminal sanctions formulation in legislation. As a normative legal research, this study used a philosophical, conceptual, and statute approach. This study revealed that crime and punishment are an important element of proportionality of criminal law. The higher the crime, the more severe the punishment received by the perpetrators of the crime. In a sanction that integrates both elements, the severity of criminal penalties is based on the proportionality between the seriousness of the crime and the perpetrator's fault with the severity of the potential liability for criminal penalty. The idea of proportionality requires three things: parity, the rank of the seriousness of the crime, and the criminal gap among very serious, heavy, and mild crimes. The policy of criminal sanctions formulation in economic laws has not reflected the idea of proportionality of criminal law. The potential liability for formal crime is more severe than that of material crime. Among similar crimes of bribery, money laundering, and obstruction of justice, the potential liabilities for the penalty are also not proportional. The potential liability for the violations of permits in Banking Law is even more severe than that of corruption. Since the proportionality of criminal law is based on the creation of justice, legislators should rank the seriousness of crimes by using the values in a society as a scale.
Batasan Melawan Hukum dalam Perdata dan Pidana Pada Kasus Persekongkolan Tender Siti Anisah; Trisno Raharjo
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 1: JANUARI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss1.art2

Abstract

Resolution of alleged tender conspiracy based on Law no. 5 of 1999 and Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 has resulted in different decisions. This can be seen in the case of the conspiracies of the tender of the sales of two VLCC tankers Hull 1540 and 1541, Indomobil tender on May 30, 2002, procurement of legislative election ink in 2004, and electronic ID card in 2011 until 2012. This normative research analyzed the intercept between violating the existing laws in terms of criminal law and civil law, and the violation of laws both civil and criminal law in the case of tender conspiracy. The study concluded that, first, the shift in understanding about the unlawful nature (wederrechtelijk) occurs in criminal law, not only based on the criminal law (onwetmatige) but also involves the criteria of violating civil law (onrechmatige), which includes the violation of propriety in community. This is used in criminal law to interpret law violation in a material sense. Nevertheless, there are still different opinions among criminal law experts whether the nature of material law violation only has negative function or has positive function as well. Second, the violation of law that is generally defined in civil law and known in criminal law as a crime in material sense, can be limited by interpretation to determine forbidden acts known as schutznormtheorie or doctrine of relativity. Along with the understanding of law enforcement personnel and jurisprudence, it can be said that the barriers of law violation in criminal law and civil law have gone when the tender conspiracy case already violates the sense of justice in society.

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