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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 10 Documents
 1 
Search results for , issue "Vol. 26 No. 3: SEPTEMBER 2019" : 10 Documents clear
Politik Hukum Pertanian Indonesia Dalam Menghadapi Tantangan Global Tity Wahju Setiawati; Mardjo Mardjo; Tutut Ferdiana Mahita Paksi
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 3: SEPTEMBER 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss3.art8

Abstract

The structure of agricultural policy in Indonesia is still reaping with many problems which include the conversion of agricultural land to non-agricultural land, the low level of the farmers’ welfare, as well as the land reform policy. To unravel the causes of these problems, this research intends to first, discuss the politics of agricultural law in Indonesia from the Old Order era to the Reformation, and second, to offer ideas for improving the development of agricultural law politics in order to face the global challenges. This study uses a normative legal research method by reviewing the statutory approach and historical approach. The research concluded that, first, during the Old Order the political direction of the agricultural sector was emphasized on the i1nventory of agricultural and plantation land. During the New Order era, the political direction of the agricultural sector was divided into two, namely, the direction of food sovereignty and semi-industrial agriculture. During the reform period, the dominance of the influence of foreign capitalism in the legislation. Second, the ideas offered to face the global challenges are by building a legal policy for agriculture based on economic democracy as initiated by Bung Hatta.
Pertentangan Antara Diskresi Kebijakan Dengan Penyalahgunaan Wewenang Dalam Tindak Pidana Korupsi Nur Kumalaningdyah
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 3: SEPTEMBER 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss3.art3

Abstract

This study aims to determine the relationship between policy discretion and abuse of authority by public officials that lead to corruption. This is a normative legal research that was conducted through literature study that is relevant to the problem at hand. The results of the study concluded that in accordance with the unlawful nature (wederrechtelijkheid) as a limitation of the authority of public officials in carrying out policies (discretion) without relying on the legislation; discretion may be considered an abuse of authority if it defies Law Number 30 of 2014 on Government Administration.
Problem Teoritik Dan Implikasi Praktis Atas Perubahan Keputusan Tata Usaha Negara Tohadi Tohadi; Frieda Fania; Dadang Gandhi
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 3: SEPTEMBER 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss3.art4

Abstract

The change in the meaning of the State Administration Decree (KTUN) as stipulated in Article 87 of the Government Administration Act raises academic questions when the change had not been made through the amendment to the PTUN Law. This study discusses first, analysis on the change in the meaning of KTUN according to Law No. 30 of 2014 in terms of the theory of repeal and changes in legislation. Second, change in the meaning of KTUN according to Law No. 30 of 2014 in terms of the principles of the statutory rules. Third, implications of changing the meaning of KTUN according to Law No. 30 of 2014 against the absolute competence of PTUN. This is a normative study with qualitative analysis. The results of the study concluded, firstly, based on the theory of changes in legislation, the amendment to the provision of KTUN is not at all appropriate. Because it is done through a law that (the substantive content) is different. Second, the principles of statutory rules, namely lex specialis derogat legi generali, and lex posteriori derogat priori legi are not applicable to the enactment of Article 87 of Law No. 30 of 2014. Third, amendment to the provision of the KTUN according to Article 87 of Law No. 30 of 2014 has expanded the absolute authority of the PTUN to examine, to prosecute, and to decide the unlawful acts committed by the state officials that were previously the authority of the general court.
Asuransi Kecelakaan Kendaraan Bermotor Roda Dua Sebagai Moda Transportasi Umum Berbasis Online Hezron Sabar Rotua Tinambunan; Bagas Waskito; Muhammad Bayu Rizhaldi; Athia Fadzri K.R. Uno
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 3: SEPTEMBER 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss3.art10

Abstract

This research focuses on two discussions, first, to analyze the arrangement of accident insurance for two-wheeled motor vehicles as a mode of online-based public transportation in Law No. 22 of 2009 on Traffic and Road Transportation (LLAJ Law). Second, to analyze the mechanism of insurance fulfillment for losses arising from the accidents of two-wheeled motor vehicle as an online-based public transportation mode. This research is a normative legal study. It concludes that first, PT. Jasa Raharja cannot provide protection for people who take the two-wheeled motor vehicles as a means of public transportation, because such vehicles are not included as the public motor vehicles according to the LLAJ Law. However, the providers of public transportation services with two-wheeled motor vehicles as the means of transportation can partner-up with the private insurance companies, or they can provide their own insurance system. Second, if the insurance is not provided, then public transportation service providers can be deemed as default based on the terms and conditions that have been made. Improvements to the LLAJ Law are necessary especially regarding the unclear provisions relating to the accountability of public transport companies and technology-based application provider companies.
Prinsip Netralitas Aparatur Sipil Negara Dalam Pemilihan Kepala Daerah Sutrisno Sutrisno
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 3: SEPTEMBER 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss3.art5

Abstract

This study aims to determine the factors, weaknesses and components that affect the neutrality of the State Civil Apparatus (ASN) in the recent regional election. This research is a non-doctrinal legal research/socio-legal research/sociology of law study by using the statutory and case approaches in the recent elections in Surakarta City, Sragen Regency and Bantul Regency. The nature of this research is descriptive analysis which intends to provide an overview of the existing condition of the neutrality of ASN in carrying out tasks related to the operation of law in the community. The results of the study concluded that in Surakarta, Sragen, and Bantul, some ASN were not neutral with several contributing factors including personal loyalty, familiar relations, career ambitions, ambiguity of regulations, ineffective law enforcement and low awareness of the community in civilizing the law. The embodiment of the neutrality of ASN in the regional elections can be done by optimally involving the role of several related institutions, including the State Civil Apparatus Commission (KASN), Bureaucratic Leadership, Regional Inspectorate, the Regional Civil Service Agency, the Election Commission and the Election Supervisory Body.
Kepastian Hukum Eksekusi Dan Pembatalan Putusan Arbitrase Syariah Dalam Perspektif Politik Hukum Ainun Najib
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 3: SEPTEMBER 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss3.art7

Abstract

This study examines two main problems which are, firstly, to describe the juridical construction of granting the authority to execute and to annul an sharia arbitration award in the perspective of legal policy. Secondly, to provide the better alternatives for the development of national law in the future. This is a normative legal research, which studies the written legal sources to be analyzed by using both the statutory and conceptual approach. Through this study, it was concluded that first, legally, the granting of authority to carry out the execution and the annulment of the sharia arbitration award is still affected with dualism, which could lead to legal uncertainty. Second, it is necessary to synchronize the legislation regarding the authority to execute and to annul the sharia arbitration award to ensure the legal certainty, so that it will not conflict with one another. In the future, the execution and annulment of sharia arbitration should be placed in the Islamic Court, as they both apply the sharia principles.
Bentuk-Bentuk Perampingan dan Harmonisasi Regulasi Ibnu Sina Chandranegara
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 3: SEPTEMBER 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss3.art1

Abstract

Since the reformation era, the number of laws and regulations has continued to increase. In the period 2000-2017 there have been 35,901 regulations. The highest number is Regional Regulation (Perda), which has reached 14,225 Perda. Followed by Ministerial Regulation (Permen) as many as 11,873 regulations. While on the third place, sit 3,163 non-ministerial regulations. This research has the main objective of finding the best alternative policy to simplify and rearrange the regulations as an agenda for the law reform. This is a normative juridical research. The data used are secondary data that includes primary and secondary legal material in the form of relevant laws and regulations used as samples as examples of regulations that are out of sync, incoherent, and potentially overlapping. The results concluded that the arrangement of the regulations can be carried out on three sectors, which are the simplification of regulations, reconceptualization in order to understand the regulatory requirements, and creating synergies amongst the the law-makers.
Asas Umum Pemerintahan Yang Baik Berlandaskan Pancasila Sebagai Dasar Penggunaan Diskresi Muhammad Aziz Zaelani; I Gusti Ketut Ayu Rachmi Handayani; Isharyanto Isharyanto
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 3: SEPTEMBER 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss3.art2

Abstract

This study aims to answer two problems: first, classifying and describing the antinomy of discretionary regulation in Law No. 30 of 2014 concerning Government Administration; and secondly, carrying out the construction on AUPB that has been filtered with Pancasila. Antinomy is the root of the conflict between freedom and responsibility. In this paper, antinomy is used as a way of thinking to examine the legality of limiting discretion. This is a doctrinal legal research. The sources information used in the study are primary legal materials (relevant regulations and documents) to be further analysed in a qualitative manner. Conceptual, historical and comparative law approaches are used to help solve problem formulations. The results showed that first, the antinomy that is governed under Law No. 30 of 2014 is irrelevant to the rule of law principles, thus creating confusion in the praxis realm of of the government; Second, the construction of a regulation is needed to formulate AUPB based on Pancasila as the basis for regulating discretion.
Pemaknaan Dan Penerapan Prinsip Resiprositas Berdasarkan ASEAN Banking Integration Framework Inda Rahadiyan
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 3: SEPTEMBER 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss3.art6

Abstract

The reciprocity principle is the main principle in the integration of banking service in the ASEAN region, where it is scheduled to take place in 2020. The banking industry is complex and strictly regulated, therefore, research on the meaning of reciprocity in the ASEAN Banking Integration Framework (ABIF) becomes an interesting and relevant study. The problems examined in this study include: first, how are the meaning and the legal binding power of the reciprocity principle based on ABIF? Second, how is the Indonesian Government's effort to implement the reciprocity principle based on ABIF? This research was conducted by using normative method. The results of the study concluded that, first, the reciprocity principle based on ABIF is a basic principle of reciprocal treatment between member countries aimed at realizing ease of access and banking operational flexibility. This principle does not apply automatically and without conditions, but is based on the commitment and readiness of each country. Second, the Indonesian Government's efforts to implement the reciprocity principle have been carried out through the issuance of Law Number 4 of 2018 on the Ratification of the Protocol to Implement the Sixth Commitment Package in Financial Services in the ASEAN Framework in Services.
Perlindungan Hukum Ahli Waris Dan Kreditur Persekutuan Komanditer Ketika Meninggalnya Sekutu Komplementer Riky Rustam; Rizky Miraningsih
Jurnal Hukum IUS QUIA IUSTUM Vol. 26 No. 3: SEPTEMBER 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol26.iss3.art9

Abstract

This research is motivated by the conceptual conflict between civil inheritance law and company law in the form of commercial partnership (CV). The problems to be examined are first, the concept of legal protection of the rights of the heir to the complementary partner on the inheritance which has become a collateral for the debt of the CV, and second, the formulation of the concept of legal protection given to creditors of the CV for the death of the complementary partner whose heir is not willing to take responsibility for replacing their predecessor. The method used in this research is normative legal study by collecting library data. The results of this study concluded that first, the new complementary partner must be responsible for the debt of CV. Therefore, the new complementary partner must return the inheritance guarantee to the heir. Second, concurrent creditors must have a copy of the deed of CV to examine who is responsible if undesirable things happen in the CV, as a form of legal protection for themselves.

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