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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
 1 
Search results for , issue "Vol. 27 No. 2: MEI 2020" : 10 Documents clear
Reformulasi Eksekusi Kebiri Kimia Guna Menjamin Kepastian Hukum Bagi Tenaga Medis/Dokter Dan Perlindungan Hukum Bagi Pelaku Pedophilia Ari Purwita Kartika; Muhammad Lutfi Rizal Farid; Ihza Rashi Nandira Putri
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art7

Abstract

This research focuses on establishing chemical castration as additional criminal penalty. Chemical castration is intended to minimize sexual crimes against children. However, this additional punishment of chemical castration is conflicted with the ethics of the medical profession and the additional punishment of chemical castration is due to the lack of technical instructions for chemical castration. This is a type of normative legal research. This study concludes that: first, the regulation on the executor of the perpetrator of sexual crimes against children does not have legal certainty. A person who takes action on chemical castration is not only a person who does it, but a person who has knowledge in the field of chemical castration. This science is related to medical science which should be able to perform chemical castration. The act of chemical castration that should be done by a doctor conflicts with the professional code of ethics of a doctor. Second, the legislators must reconstruct the rules related to the implementation of chemical sanctions castration so that they are clearly regulated and do not conflict with other regulations.
Kompabilitas Penggunaan Metode Omnibus Dalam Pembentukan Undang-Undang Ibnu Sina Chandranegara
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art2

Abstract

Each legal system has its own theory of statutory formation, both countries that apply civil law and common law legal systems. The tendency to form laws in Indonesia after the realization of the need for regulatory reform has resulted in a growing awareness of making breakthroughs by using the omnibus method which is generally applicable in countries that apply the common law system. The question is whether this method is suitable to be adopted into the legal system of Indonesia? This article intends to examine the compatibility of the omnibus method and the solutions that need to be used to overcome its compatibility problems. This research concludes that if Indonesia is to adopt the omnibus method, it also requires a consolidation method before and after the enactment of legislation with the omnibus method, this is intended to consolidate it with the affected legislation.
Persoalan Kriteria Batasan Pertanggungjawaban Pidana Korporasi: Tinjauan Terhadap Peraturan Mahkamah Agung Nomor 13 Tahun 2016 Nur Aripkah
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art8

Abstract

The formulation contained in Article 4 paragraph (2) of Supreme Court Regulation (Perma)  No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations, especially those related to the element of determining errors in corporate criminal liability, still creates confusion and legal debate in it. As in addition to the element of actus reus (action) which is synonymous with criminal responsibility, there is an element of mens rea (error) which is also very essential and closely related to criminal liability. Thus in this research the study is focused on the problem of the criteria for limiting corporate criminal liability in accordance with Perma No. 13 of 2016 and the theory of corporate criminal responsibility contained in the Perma. The research method used is normative with a statutory, conceptual, and case approach. In the research it was found that the problem of the criteria for limiting corporate criminal liability as stipulated in Perma No. 13 of 2016 lies in the unclear and non strict standards of the criteria to regulate corporate criminal liability and this issue can be viewed from the vicarious liability theory and corporate culture model theory.
Potensi Penyimpangan Hukum Dalam Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2020 Ahmad Gelora Mahardika
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art3

Abstract

The development of the Corona Virus Disease-2019 (Covid-2019) was followed-up by the Government by issuing a Government Regulation in lieu of Law Number 1 of 2020 (Perpu Number 1 of 2020). The formulation of the problem to be answered in this research is what is the potential for legal irregularities in Government Regulation in lieu of Law Number 1 Year 2020? The research method used is normative juridical with a statutory approach. The results show that there is a potential for legal irregularities in this Perpu. The deviation in the form of a Perppu contradicts a number of Articles in the Legislation. These violations have the potential to give rise to legal uncertainty, because the Perpu is only temporary, namely until the completion of the Covid-19 pandemic outbreak phenomenon which cannot be ascertained when it will end. On the other hand, this Perpu provides enormous powers for a number of officials to take preventive measures that do not correlate directly with the Covid-19 pandemic problem, one of which is liquidity assistance to banks that are both systemically and non-systemically affected. In addition, all officials are given the right to immunity not to be prosecuted both criminal and civil and the decisions issued are not the object of the PTUN dispute, meaning that there is no checks and balances mechanism in the government. Thus, the suggestion given is to revise this Perpu.
Urgensi Plea Bargaining System Dalam Pembaruan Sistem Peradilan Pidana Di Indonesia: Studi Perbandingan Plea Bargaining System Di Amerika Serikat Ruchoyah Ruchoyah
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art9

Abstract

This study aims to answer two problems: first, how is the concept of implementing a bargaining system in the criminal justice system in the United States? Second, what is the urgency of implementing the Plea Bargaining System in reforming the criminal justice system in Indonesia. The research method used is juridical normative with a conceptual approach and comparison method. This paper intends to provide legal problem solving for the accumulation of criminal cases in Indonesia, namely by implementing a plea bargaining system in reforming the criminal justice system in Indonesia. This study concludes that, first, In the United States, the plea bargaining mechanism is carried out at the arraignment and preliminary hearing stages. Second, the plea bargaining system in the United States is regulated in the Federal Rules of Criminal Procedure rule 11. The urgency of implementing a plea bargaining system in the criminal justice system in Indonesia can be seen from several considerations, namely philosophical, juridical, sociological, and political-legal considerations. The conclusions and recommendations of the authors are implementing a plea bargaining system in reforming the criminal justice system in Indonesia in order to realize an effective and efficient criminal justice.
Pengaturan Dan Penerapan Mitigasi Risiko Dalam Penyelenggaraan Peer To Peer Lending Guna Mencegah Pinjaman Bermasalah Inda Rahadiyan; M. Hawin
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art4

Abstract

Public interest in financial technology in the form of peer-to-peer lending (P2PL) is growing rapidly as an alternative provider of loans. In addition, it is a promising investment platform. The process of lending and borrowing between the lender and the recipient of the loan takes place through a system provided and managed by the organizing company that it provides various conveniences. However, the implementation of P2PL is also inseparable from the occurrence of non-performing loans. Regulating and implementing the risk mitigation of non-performing loans is an important issue in the implementation of P2PL. So far, there is no specific regulation regarding risk mitigation of P2PL implementation for non-performing loans, which results in weak legal certainty and protection for lenders. Therefore, the problems examined in this study include: First, how is the risk mitigation arrangement for non-performing loans in the implementation of P2PL in Indonesia? Second, how is the implementation of risk mitigation by the companies that carry out P2PL as an effort to prevent non-performing loans? This research is a normative legal research with a statutory and a conceptual approach. The results of the study concluded that: first, the P2PL risk mitigation arrangements, especially the risk of non-performing loans in Indonesia, are still scattered in several Financial Services Authority regulations and Bank Indonesia regulations. Second, the organizing company implements non-performing loan risk mitigation based on their respective internal policies.
Restrukturisasi Perguruan Tinggi Swasta Sebagai Upaya Penyehatan Dan Peningkatan Kualitas Institusi Cita Yustisia Serfiyani
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art10

Abstract

The quantity of private universities in Indonesia that is not comparable with the fulfillment of higher education quality standards and the low quality of graduates is an important issue. Efforts to streamline the number of private universities can be pursued by restructuring legal entities, by means of mergers, consolidations, acquisitions and company separation which are of course adjusted to the character of foundations and private universities. Restructurisation is still experiencing problems that it is necessary to analyse the inhibiting and the supporting factors. This research aims to first, analyse the arrangements of legal protection for the restructurisation of private tertiary institutions, both between foundations and private tertiary institutions; second, formulating a method of restructuring private tertiary institutions that is appropriate for institutional restructurisation. This normative juridical research concludes that arrangements regarding obligation of restructurisation and the transfer of rights and obligations of the parties, first, both in restructurisation among foundations and restructurisation among private universities, need to be clarified in order to provide legal protection for the parties and the successful management of post-restructurised entities. Second, the appropriate restructurisation method to be applied is mergers and consolidations which must be supported by a new set of regulations that provide opportunities and obligation of restructurisation for private universities with certain indicators.
Hakikat Hukum Ekonomi (Internasional) Dalam Perspektif Teori Keadilan Bermartabat Jeferson Kameo; Teguh Prasetyo
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art5

Abstract

The legal issue that is raised and examined in this article is the concern that has recently emerged behind the development of (international) economic law. As if the (international) economic law would threaten the sovereignty of countries. This type of research is normative legal research. The results of the research and discussion conclude that the anxiety over such (international) economic law developments is excessive. Even though it is necessary to make efforts as a sign of caution. It is proven that in (international) economic law does not override national law. The theory of dignified as a pure legal theory becomes a tool kit to describe at a glance the “face” of (international) economic law that should not be worried about. Each sovereign state must give consent before the rules and legal principles are applied and enforced within and among the countries that are binding themselves in a form of international agreement. It is at this stage of the approval that the filter with legal values in the soul of the nation (Volksgeist) that safeguards the sovereignty of a nation and state can be used to select (international) economic law.
Model Pelindungan Hukum Terhadap Justice Collaborator Tindak Pidana Korupsi Di Indonesia Dwi Oktafia Ariyanti; Nita Ariyani
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art6

Abstract

The issue in this research is the regulation of legal protection against justice collaborators of corruption in Indonesia which is not optimal, and the absence of an appropriate protection model for optimum efforts of protection for justice collaborators in handling corruption in Indonesia. This needs to be studied because the role of justice collaborator is very much needed to disclose major cases such as corruption, whereas his testimony can pose a large risk that must be borne by the justice collaborator, hence legal protection for justice collaborators is crucial. The method in this study uses a type of juridical normative research that is focused on studying the norms of positive law. This research concludes, first, the regulations regarding the protection of justice collaborators are listed in various regulations, but there are no specific, clear and firm regulations regarding protection and procedural arrangements for determining a justice collaborator. Thus an appropriate legal protection model is needed to optimize protection for justice collaborators in criminal acts of corruption in order to fill the legal vacuum. Second, the legal protection model for justice collaborators in handling corruption in Indonesia can utilise a persuasive protection model.
Risiko Koalisi Gemuk Dalam Sistem Presidensial Di Indonesia Idul Rishan
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art1

Abstract

This study focuses on the risk of a fat coalition in the presidential system in Indonesia. This research aims to obtain three things. First, the reasons for the emergence of fat coalitions in the presidential system. Second, the risks that fat coalitions pose to presidential systems. Third, offer a concept to restore executive and legislative relations. The research method is a doctrinal legal research with a secondary database. The results of the study concluded: first, three things were the reasons for the formation of the fat coalition. 1) The results of amendments to the Constitution that are inconsistent with the strengthening of the presidential system. 2) Due to extreme multiparty system. 3) Due to the weak ideological basis of the party. Second, the risks posed include, among other things, compromise, unstable, and close to authoritarian temptation. Third, this study offers the purification of the presidential system through changes to the Constitution and simplification of political parties.

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