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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.
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Articles 10 Documents
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Search results for , issue "Vol. 27 No. 1: JANUARI 2020" : 10 Documents clear
Pengalaman Vietnam Melakukan Transplantasi Hukum: Persaingan Terhadap Kondisi Domestik Setempat Isharyanto Isharyanto
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art3

Abstract

This paper describes the problems and challenges as the effects of legal transplantation. As a policy alternative, legal transplantation is an appropriate short-term solution to immediately produce a new legal formulation. This study focuses on analyzing the characters of legal transplant in Vietnam which reflects the competition in local domestic conditions. This doctrinal legal research uses both conceptual and historical approach. The conceptual approach refers to the issue of legal transplantation while the historical approach refers to the historical course of law in Vietnam. Conclusively, in Vietnam's experience, the results of a legal transplant did not take place smoothly and immediately. The footprint of the legal transition and the combination of traditional order with the influence of colonial inheritance law causes the transplantation effect to not immediately contribute to positive conditions for legal development. Apart from the rigid communist system, which accommodates a market-friendly liberal economic system, the need for regulation in accordance with the development of contemporary social relations arises. However, party interference, including in controlling judges and courts, causes mixed forms of legal transplantation that have no equivalent in the mainstream legal system. Transplanted law in Vietnam does not only present a new face to the law and court system, but also influences the challenges of future development so that the transplantation effect can contribute to positive steps for legal reform.
Lembaga Negara Independen Di Indonesia Dalam Perspektif Konsep Independent Regulatory Agencies Rizki Ramadani
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art9

Abstract

This study aims to determine the independency of Independent State Institutions (LNI) in Indonesia with the perspective of the concept of Independent Regulatory Agencies (IRAs). In addition, it also analyzes the LNI model that is in line with the concept of IRAs. The number of Independent State Institutions (LNI) in Indonesia has relatively increased since the amendment of the 1945 Constitution. However, the need for institutions that are free from government interference is not accompanied by the formulation of standards and mature institutional design on the aspect of independence as the main characteristic of LNI. This study uses a normative method, with statutory and conceptual approaches. This study concludes that the independence of LNI in Indonesia tends to be non-uniformed. Some institutions meet the aspects of formal independence in the concept of IRAs, but some others still have aspects of regulation that are incomplete. The results of the study of de facto independence also concluded that there were interventions, politicization and resistance from various parties towards the presence and policy of LNI in Indonesia. The LNI model that is in line with the IRAs concept can be done by improving 3 aspects: first, minimizing the authority of the DPR in the selection of LNI leaders, second, providing independent authority, and third, emphasizing the non-partisan provisions in each institutional regulation of LNI.
Hukum Pidana Sebagai Last Resort Dalam Undang-Undang Perlindungan Dan Pengelolaan Lingkungan Hidup Mahrus Ali
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art4

Abstract

This study aims to analyze the theoretical problems in placing criminal law as a last resort only on offenses in Article 100 paragraph (1) of the PPLH Law and the notion is related to the characteristics of environmental offenses. As a normative legal research, this study uses the statutory, the history, and the conceptual approaches. The results of the study concluded that the placement of criminal law as a last resort only in Article 100 paragraph (1) of the PPLH Law is theoretically problematic. The offenses in the Article, as well as the offenses in Article 101, Article 102, Article 103, Article 104, Article 107, and Article 109 (businesses/activities that are mandatory to EIA), meets the criteria for a real danger model (concrete endangerment) which requires direct contact between contaminated material and the environment carried out in an unlawful manner. Criminal law as a last resort should apply to offenses that enter the abstract endangerment model as regulated in Article 109 (businesses/activities related to UPL-UKL), Article 110, and Article 111 because they are purely administrative violations, there is no direct contact between material polluted with the environment, and protect ecological values indirectly through the provision of intervention mechanisms for the government to prevent environmental losses.
Peradilan Berpancaran “Sinar Ketuhanan”: Mahkamah Konstitusi Dalam Masa Kepemimpinan Arief Hidayat (2015-2017) Bisariyadi Bisariyadi
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art10

Abstract

Almost every Chief Justice of the Constitutional Court has jargon carried during theis leadership. Arief Hidayat, during his reign, often put forward the term "divine light". This term is closely related to Pancasila as the ideology of the state and religion. Therefore, the purpose of expressing jargon during the leadership of a Chief Justice of the Constitutional Court must have strategic value. Moreover, when the discourse is concerned with the classic problem in finding the relationship between religion and the state. However, there is no academic study that traces the purpose of the term "divine light" as stated by Arief Hidayat. This paper intends to fill in the gap by using normative research methods and legal comparisons. The discussion in writing this article is divided into three parts. First, it reviews the normative and theoretical side of the relationship between religion and constitutionalism. Second, we will look at Arief Hidayat's background to be able to find the meaning of the term "divine light" that he uses. The last part of this paper is to examine the decisions of the Constitutional Court which contain the term "divine light" in order to seek an official interpretation of Arief Hidayat's thoughts about the divine light.
Kompleksitas Persoalan Pemenuhan Hak Penyandang Disabilitas Di Pengadilan Negeri Pekanbaru July Wiarti
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art5

Abstract

The population of persons with disabilities in Indonesia that continues to increase if not handled properly has the potential to cause discrimination even though there are several laws and regulations on persons with disabilities. Moreover, the social paradigm towards persons with disabilities is often likened to the person's medical inability, hence disability is considered as a sick person who always needs assistance and unable to receive education, let alone work like humans in general. It is not surprising if to this day, there are still many obstacles experienced by persons with disabilities in getting public services. Of the many obstacles that exist, the most common ones encountered, even though its existence is very important in human life is the obstacle in getting access to justice. Admittedly, persons with disabilities still often face discrimination when dealing with the law in court. Therefore, in this study the author analyzed the legal protection of persons with disabilities by dealing with the law and the empirical conditions of fulfilling their rights in Pekanbaru District Court. This is a form of juridical-normative research. The results of the study conclud that the state is quite appropriately protecting the rights of persons with disabilities through the legislation. However, from the implementation aspect in Pekanbaru District Court, there are still obstacles in physical facilities, regulation, and knowledge
Unifikasi Hukum Nasional Dalam Tindak Pidana Pembunuhan Berlatar Belakang Hukum Adat Andika Wahyudi Gani; Muhammad Takbir
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art6

Abstract

This research describes the form of unification of national law on legal plurality in Indonesia. This is a case study research conducted in two regions in South Sulawesi, namely Jeneponto and Gowa Regencies. The aim is to investigate the unequal legal relations between positivistic national law and customary law. The methods used Werner Menski socio-legal approach and legislation approach. The results of this study are, first, law enforcers, in this case the Public Prosecutor and the Panel of Judges, in deciding cases only refer entirely to the law while ignoring customary law. On the other hand the defendant believes instead that his actions to be the right actions and should not be regretted based on his customary law. This is because of its position as a community law enforcer. Second, national law stands very dominant from other laws, especially customary law.
The Implementation Of The First Pillar Of Responsibility To Protect In Indonesia: Critical Analysis Of Law On Social Conflict Management Sefriani Sefriani
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art1

Abstract

Responsibility to Protect Principle (R2P) is intended to accomplish the humanitarian intervention principle which considered has a failure in many aspects. However, the existence of this principle still leaves worry, especially for a developing country, over manipulation and politics in its implementation. The formulated problems for this research are (1) how is the development of the R2P principle in International Law? (2) how is the implementation of the first pillar of R2P to prevent mass atrocities crime in the Indonesian government? The result shows that R2P gained more supports and was adopted in General Assembly resolution, completed with three pillars and six thresholds for its implementation. The implementation of the first pillar of R2P in Indonesia as a state responsibility to protect the society from mass atrocities crime has not been conducted properly. Although Indonesia already had a law on social conflict management, however, minimum law enforcement arrangement; high impunity culture, lack of knowledge about R2P, revocation of law on CTR, the impartiality of governmenttowards some majority groups potentially make the implementation of the first pillar of R2P in Indonesia will be failed.
Perlindungan Hukum Hak Kekayaan Intelektual Bagi Produk Kreatif Usaha Kecil Menengah Di Yogyakarta Dyah Permata Budi Asri
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art7

Abstract

There is a rather large presence of Small and Medium Enterprises (SMEs) as part of creative industry in Yogyakarta, yet the Intellectual Property Rights management is still very minimum. The problems in this study are, first, why the protection of Intellectual Property Rights is important for small and medium business entities as creative industries in the Special Region of Yogyakarta. Second, how is the role of the regional government of the Special Region of Yogyakarta in order to provide legal protection for Intellectual Property Rights to small and medium businesses in the special Region of Region Yogyakarta. This paper applies a juridical-empirical approach by using primary data. This study concludes that firstly, the potential market for creative industries has a tendency to develop continuously, since SMEs in Yogyakarta contribute 59% of Gross Domestic Revenue in Special Region of Yogyakarta hence the protection of IPRs on creative economic products to guarantee the economic rights of the creators is crucial. Secondly, the role of local governments at the moment in the context of providing IPR protection for SMEs is carried out by establishing an Intellectual Property Management Center (BPKI), and developing a website to provide IPR services, namely "JogjaKI".
The Status Of Maritime Militia In The South China Sea Under International Law Perspective Novena Clementine Manullang; Achmad Gusman Siswandi; Chloryne Trie Isana Dewi
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art2

Abstract

In order to assert its geopolitical claims in the South China Sea region, China has used an unusual method, namely the use of its fishing industry as a reserve power called maritime militias. This research aims to analyze the status of civilian fishing vessels that play a dual role as Chinese troops, as China often sends maritime militias to carry out diplomacy with low-scale violence against other countries in the South China Sea. This research also analyzes the urgency of the legal framework that inevitably regulates the use of maritime militias. This study uses a normative juridical approach by analyzing relevant international instruments, in general the 1982 Law of the Sea Convention, ILC Articles on the Responsibility of States for Internationally Wrongful Acts, and ongoing negotiations between ASEAN and China in the formation of the South China Sea Code of Ethics . The analysis in this study concludes that: first, Chinese maritime militias only have the status and rights of private vessels; Second, the actions of the Chinese maritime militias can be imposed as actions of the state (China); and Third, there is an urgent need for specific regulations regarding maritime militias.
Hubungan Hukum Para Pihak Dalam Layanan Urun Dana Melalui Penawaran Saham Berbasis Teknologi Informasi Ratna Hartanto
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art8

Abstract

The development of information technology has provided many facilities for business entities to obtain funding. One way to obtain funding without going through an initial public offering process is through equity crowdfunding. Equity crowdfunding is a platform system developed and managed by a host company. The platform can be used by publishing companies to offer securities in the form of shares to buyers or investors. Equity crowdfunding investors need legal certainty and legal protection for their investments. On the other hand, equity issuers and platform operators also need to get legal certainty from the Financial Services Authority. The Financial Services Authority has issued Financial Services Authority Regulation (POJK) Number 37/POJK.04/2018 regarding Funding Services through Information Technology Based Shares (Equity Crowdfunding). The problem examined in this paper is how the construction of legal relations and legal protection for the parties in equity crowdfunding in Indonesia. This study uses a normative method by reviewing the laws and regulations related to the legal issues studied. The results of the study concluded that the parties in holding equity crowdfunding, namely share issuers, organizers, and investors, all three has a triangular relationship that is born based on agreements or laws and regulations. Even though the OJK has issued regulations relating to equity crowdfunding, the current regulations do not guarantee full legal protection especially for investors.

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