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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 10 Documents
 1 
Search results for , issue "Vol. 26 No. 2: MEI 2019" : 10 Documents clear
Kompleksitas Otonomi Daerah Dan Gagasan Negara Federal Dalam Negara Kesatuan Republik Indonesia Ni matul Huda; Despan Heryansyah
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 2: MEI 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss2.art2

Abstract

The 1998 reforms opened a new discourse on the direction of the Indonesian constitutional system. There were six aspects that became the demand for the reform at the time, one of which was the rearrangement of central and regional relations, by bestowing autonomy to the regions to the broadest extent possible. In relation to this particular issue, the formulation of the problems in this paper is as follow: first, how is the complexity of the problem of regional autonomy in Indonesia, especially in terms of authority? Second, what are the implications of the complexity of the problem for the existence of the Unitary Republic of Indonesia. The method used in this research is juridical normative, where the focus of data collection and exploration is through literature study and supported by interviews. This study concludes, firstly, the complexity of the problem of regional autonomy is triggered by, among others, the efforts of decentralization in the Regional Government Law after reform. Whereas Indonesia with a very broad cultural background and regional reality, is more suitable to be managed in the form of an expanded asymmetric decentralization model. Secondly, if the relationship between the central government and the regions is managed centrally it has the potential to cause resistance from the regions, it can threaten the existence of the Republic of Indonesia.
Pelaksanaan Kebijakan Reformasi Peradilan Terhadap Pengelolaan Jabatan Hakim Setelah Perubahan Undang Undang Dasar 1945 Idul Rishan
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 2: MEI 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss2.art3

Abstract

In most countries undergoing a political transition phase, judicial reform is one of the strategic agendas in amending the constitution. In the amendment to the Indonesian Constitution of 1945, the idea of judicial reform in the management of judges gave birth to two patterns. The first pattern guarantees judicial independency while the second pattern refers to the institutionalisation of the Judicial Commission. Each of these ideas was followed by a number of other legal policies, including the one-roof system. This study is focused on the implementation of judicial reform in the management of the magistracy after the amendment of the 1945 Constitution. It aims to provide a prescription for the implementation of the judicial reform policies. This is a normative juridical research that uses the historical, statutory, and conceptual approaches. The results conclude that the implementation of judicial reform policies are still looking for the definitive form. The significance of this phase in which interests are being pushed and pulled for nearly two decades has caused judicial reform policies tend to deviate and operate without patterns.
Klausula Akad Rahn Dari Perspektif Hukum Islam Dan Urgensi Notaris Dalam Penyusunannya Ihyannisak Zain; Syahrizal Abbas; Zahratul Idami
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 2: MEI 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss2.art10

Abstract

The practice of Shari‘a Court, especially rahn contracts in the form of standard clauses, still have a number of problems, including the norms of the contents of the contract. This study discusses first, whether the norms in the contents of the rahn contract on Sharia Pawnshop (pegadian Syariah) are in accordance with the provisions of Islamic law. Second, the urgency of notary involvement in the formulation of the Sharia pawnshop rahn contract clause in an effort to guarantee consumer protection. The methodology used in this research is a normative study with secondary data sources derived from legal materials, with a statutory and conceptual approach. This research concludes: first, the norm contained in the contents of the rahn contract on Sharia Pawnshop is not in accordance with the provisions of Islamic law because it contains the invalid (fasid) conditions of a contract. Second, the need for the involvement of a Notary Public to safeguard any predetermined rules regarding rahn contracts to be carried out, as well as efforts to ensure legal protection for consumers to secure the position between rahin and murtahin for it to become balanced for the rahn contract clause to be based on justice.
Disfungsi Peraturan Perundang-Undangan Tanggung Jawab Sosial dan Lingkungan di Indonesia Lego Karjoko; Josephine Santosa; I Gusti Ayu Ketut Rachmi Handayani
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 2: MEI 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss2.art5

Abstract

This study is aimed to analyse various Indonesian national regulations that govern about the implementation of social and environmental responsibility (SER) in the actualisation of its objectives for the equitable distribution of natural resources in Indonesia. The analysis is undertaken in terms of the phrases used, the subjects who are obliged to perform SER, the funding sources, the allocation of the funds, the instructed programs, as well as the course of the SER itself. By using normative legal research, this study concludes that the existing regulations have not consistently governed the implementation and standards of SER as expected by the Government. Additionally, according to Fuller, this kind of multi-interpretation will result in the malfunction of legal products, and ultimately frustrate the achievement of the SER objectives. On this matter, it is proposed that the Indonesian government needs to formulate a regulation that comprehensively and specifically govern about the SER to become a guideline for all the existing stakeholders.
Kepailitan Terhadap Anak Perusahaan dalam Holding Company Badan Usaha Milik Negara Chintya Dewi Restyana S; Nikmah Mentari; Sri Eka Wulandari
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 2: MEI 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss2.art7

Abstract

Bankruptcy is a risk that can occur to both a subsidiary or a parent company in a state-owned holding enterprise. It is not a trivial matter for the state-owned holding company if its subsidiary suffers from bankruptcy, considering the position of the subsidiary and the parent company are separated, yet in some cases, the subsidiary is instead treated equally as a state-owned enterprise. The first issue would be, what is the legal relationship between the parent company and its subsidiary in the state-owned holding company; and second, how is the responsibility towards the bankrupted subsidiary. This research uses the normative juridical method. In which, it is concluded that first, as separate and independent entities, both the parent company and its subsidiary are restricted by the nature of separate legal entities and limited liabilities in carrying out their respective activities, even though they are bound under the same holding company. Second, the bankruptcy of a subsidiary of the state-owned holding company can occur and the responsibility of the parent company is limited to the shares that it owns, and if it is discovered that in its financial management, the parent company contribute in the bankruptcy of the subsidiary, then the responsibilities can expand.
Politik Hukum Hak Asasi Manusia Tentang Kebebasan Beragama Pasca Orde Baru Suparman Marzuki
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 2: MEI 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss2.art1

Abstract

This research aims to uncoven and describe: first, the policy of state regulation in order to fulfil the right to religious freedom. Second, the concrete actions of state in taking legal steps against violations of religious freedom. This research utilizes a normative juridical method where data is collected from documents. The outcome of this research concludes that: first, Political Human Rights on the freedom of religion in Indonesia following the new order at the level of fulfilment in the form of legislation is relatively more advance and protective. Second, the strengthening of Political Human Rights at the regulatory level is not followed by changes in the legislation below it such as PNPS Law No.1 of 1965 and Article 156(a) of the Indonesian Criminal Code regarding blasphemy. Therefore, it can be concluded that Political Human Rights in Indonesia, particularly relating to the freedom of religion is a paradox. On one side it supports the products of laws and regulation which further strengthen the rights to the freedom of religion and beliefs, but on the other hand, realistically, the State actually fails to protect various forms of violations of the right to the freedom of religion and beliefs. This research aims to uncoven and describe: first, the policy of state regulation in order to fulfil the right to religious freedom. Second, the concrete actions of state in taking legal steps against violations of religious freedom. This research utilizes a normative juridical method where data is collected from documents. The outcome of this research concludes that: first, Political Human Rights on the freedom of religion in Indonesia following the new order at the level of fulfilment in the form of legislation is relatively more advance and protective. Second, the strengthening of Political Human Rights at the regulatory level is not followed by changes in the legislation below it such as PNPS Law No.1 of 1965 and Article 156(a) of the Indonesian Criminal Code regarding blasphemy. Therefore, it can be concluded that Political Human Rights in Indonesia, particularly relating to the freedom of religion is a paradox. On one side it supports the products of laws and regulation which further strengthen the rights to the freedom of religion and beliefs, but on the other hand, realistically, the State actually fails to protect various forms of violations of the right to the freedom of religion and beliefs.
Kriteria Keseimbangan Dalam Perjanjian Kredit Bank Untuk Mewujudkan Keadilan Komutatif Tiar Ramon
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 2: MEI 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss2.art8

Abstract

Commutative justice is an embodiment of balance in an agreement, including a bank credit agreement as the standard. There needs to be a balance criterion proving the fulfilment of commutative justice. This study aims to determine the threshold of the balance in bank credit agreements to realize commutative justice. This research is a normative legal research, with the agreement norm system approach as the object of the research by using secondary data. The results of the study concluded that there are 3 (three) balance criteria: the absence of dominance, the harmonization of the contents of the agreement, and non-violation of the principle of justice. If these criteria are not sufficed when a lawsuit is filed, it may be used as a basis or reason according to the law, for the court to annul the agreement for violationg the principle balance.
Persoalan Pengaturan Kewajiban Pemegang Paten untuk Membuat Produk atau Menggunakan Proses di Indonesia Muh Ali Masnun; Dina Roszana
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 2: MEI 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss2.art6

Abstract

The regulation of the obligation to implement patents by patent holders to create products or use of the processes in Indonesia is still relatively problematic. For example, the Regulation of the Ministry of Law and Human Rights No. 15 of 2018 concerning the Use of Patents by Patent Holders (Permenkumham No. 15 of 2018), actually negates Article 20 of Law No.13 of 2016 concerning Patents (2016 Patent Law). This study examines and evaluates the issue of regulating the obligations of patent holders to create products or the use of processes in Indonesia. This research uses the normative juridical method by using secondary data. The results of the study concluded that the 2016 Patent Law and Permenkumham No. 15 of 2018 as a basis for its implementation is still relatively short and has several weaknesses. Such as the unclarity of when the patent starts, the scope and type of patents that must be implemented, the implementation delay is not accompanied by criteria (reasons) whether or not a delay can be made, the time limit for submitting the application for a delay that does not pay attention to the duration of patent protection, the absence of anticipatory provisions to overcome the conditions of delay request rejection from the Ministry, as well as arrangements for the extension of the delay that is not paired with a deadline and criteria for the extention allowance.
Pengelolaan Flight Information Region Di Wilayah Kepulauan Riau Dan Natuna Mahfud Fahrazi
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 2: MEI 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss2.art9

Abstract

This article focuses on the study of Flight Information Region (FIR) management in the Riau and Natuna Islands, which since 1946 is still controlled by Singapore. Although various attempts to take over the control have been carried out by the Indonesian government, it is yet  to produce any meaningful results. The limitation of the problem in this study is first, the implications that arise from the management of FIR by Singapore on the Riau Islands and Natuna airspace. Second, the efforts that have been made by the Indonesian government to take over the management of FIR by Singapore over the Riau Islands and Natuna airspace. This research uses a normative legal research by analysing the legal issues through international treaties, legal regulations and other literature related to FIR management. The results of the study concluded first, the management of FIR by Singapore over the Riau Islands and Natuna influenced the enforcement of Indonesia's airspace sovereignty and national defence. Secondly, Indonesia's efforts and readiness to take over aviation navigation services include the formation of a special team from several ministries and other relevant institutions to prepare technical and operational steps as well as diplomatic steps in the framework of restructuring the FIR.
Relasi Konseptual Oposisi Makna Sumbangan Korporasi Pada Partai Politik Dalam Semiotic Square Tashya Panji Nugraha
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 2: MEI 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss2.art4

Abstract

Legal language can be utilised as a means to manipulate interests. A specific approach is needed to identify the potential distortion behind the text of positive legal norms. This study applies a legal semiotics approach. Through the semiotic square model, the potential for distortion at the conceptual level can be brought up to the surface. The result of the interpretation shows that Article 35 paragraph (1) letter c of Law Number 2 of 2011 on Political Parties has the potential to be a means for corporations to infiltrate their interests. The opposing conceptual relations of meanings that can come up include: the corporate contributions to political parties which can be used as a means to influence the economic policies that would only favour the corporations; demanding the regulations that only protect, facilitate and benefit corporate activities; as well as investment field for the corporations to request the licensing and project or tender facilities. In the end, political parties do not have the sovereignty, independency and integrity.

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