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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. 27 No. 3: SEPTEMBER 2020" : 10 Documents clear
Perspektif Hukum Pidana Dalam Polemik Pengajuan Sumpah Advokat: Telaah Putusan Mahkamah Konstitusi Nomor 35/PUU-XVII/2018 Atas Surat Ketua Mahkamah Agung RI Nomor 73/KMA/HK.01/IX/2015 Faisal Faisal; Muhammad Rustamaji
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art2

Abstract

The discussion regarding a single forum for advocates has been widely analyzed, but after the issuance of the Letter of the Chief Justice of the Supreme Court Number 73 / KMA / HK.01 / IX / 2015, the concept of a single container still leaves big questions. One of the questions in the realm of criminal law is whether the letter of the Chief Justice that allows an advocate organization other than PERADI to propose an Advocate oath to the High Court can be categorized as an act against criminal law and can be held criminally responsible at the same time? This type of normative legal research uses a conceptual approach and a case approach, especially with regard to judicial reviews. The collection of legal materials is carried out by studying the literature on primary legal materials and secondary legal materials. The results of the study concluded that the issuance of the Chief Justice of the Supreme Court No. 73/2015 which allowed advocacy organizations other than PERADI to propose an advocate's oath to the High Court could lead to acts against material criminal law. However, it is difficult to realize criminal liability for acts against criminal law due to the incomplete formulation, especially regarding the concept of contempt of court.
Pengaturan Ideal tentang Pengelolaan Daerah Aliran Sungai di Indonesia (Studi di Sungai Serang Kabupaten Kulon Progo) Nita Ariyani; Dwi Oktafia Ariyanti; Muhammad Ramadhan
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art8

Abstract

Watershed management is closely related to regulations on the affairs of local governance, water resources, spatial planning, as well as soil and water conservation. All forms of regulation relating to watershed management must be strictly regulated as the legal basis for watershed management in Indonesia. This study aims to identify, understand, and analyze the juridical constraints faced in managing watersheds in Indonesia and to analyze the ideal juridical regulatory model for watershed management in Indonesia. This research was conducted using normative juridical research, by focusing on testing the implementation of rules or norms in positive law. The results of the study show juridical constraints in watershed management in Indonesia relating to the Revocation and Substitution of the Water Resources Law; the lack of synchronization between the Water Resources Law, the Regional Government Law and the Soil and Water Conservation Law. Therefore, the authors formulate the ideal form of watershed management arrangements, among others by taking quick and effective steps through district / city regional policies while continuing to synchronize efforts through policies in the form of mandates and tasks of assisting watershed management sub-affairs.
Problem Pengaturan Upaya Paksa Penangkapan Terhadap Pelaku Tindak Pidana Narkotika Kholilur Rahman
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art3

Abstract

One of the highlights in Law Number 35 of 2009 on Narcotics, is that there are 2 institutions authorized to carry out investigations, namely the National Narcotics Agency (BNN) and the Indonesian National Police. BNN investigators in the authority to attempted forced arrest using the legal basis of Article 76 of Law no. 35 of 2009 on Narcotics, while the Police investigators use Article 19 paragraph (1) of the Criminal Procedure Code. Police investigators are only authorized to make arrests with a period of 1 x 24 hours, not 6 (six) days as the authority of BNN investigators. This difference in arrangement certainly creates legal uncertainty. This research will discuss, first, the implications of the difference in the regulation of the authority for forced arrest by BNN investigators and the National Police for narcotics offenders. Second, the harmonization of arrangements for the forced arrest of narcotics offenders by BNN investigators and the National Police. The research method used is normative, using a statutory approach and a conceptual approach. The results of the study conclude that first, the difference in the regulation of the authority for forced arrest between BNN investigators and the National Police has resulted in different interpretations in its implementation, resulting in legal uncertainty and violations of the principle of equality before the law against narcotics offenders. Second, the disharmony of regulating the forced arrest of narcotics offenders by BNN and Police investigators needs to be harmonized based on the Criminal Procedure Code outlined in the integrated criminal justice system.
Efektivitas Hukum Pelestarian Bangunan Dan Lingkungan Cagar Budaya Di Kota Denpasar I Putu Sastra Wibawa; Mahrus Ali
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art9

Abstract

The Regional Regulation on Cultural Heritage of Denpasar City has been in effect for 5 years, it is very important to assess its effectiveness. There are two problems raised in this study. First, how effective is the Denpasar City Cultural Heritage Regional Regulation? Second, what is the strategy to achieve the effectiveness of the Denpasar City Cultural Heritage Regional Regulation? Data analysis was carried out both from primary data from the results of interview data, and analysis of secondary data in the form of primary and secondary legal materials. Therefore, this research can be called a research that uses mixed methods or is categorized as a socio-legal research. The results of the study conclude, firstly, regarding the effectiveness of the Regional Regulation on Cultural Heritage of Denpasar City, it can be reviewed from three sides, namely the role of regional officials, the rule of law, and legal awareness of the community. Second, the Regional Regulation on Cultural Heritage of Denpasar City is still not effective in regulating and implementing it in supporting the preservation and management of cultural heritage in Denpasar City. To achieve the legal effectiveness of the Denpasar City Cultural Heritage Regional Regulation, several strategies can be pursued, among others, the legal aspect strategy, the institutional aspect strategy, the physical aspect strategy and the financial aspect strategy.
Optimalisasi Peran Penegak Hukum Dalam Menerapkan Pidana Kerja Sosial Dan Ganti Rugi Guna Mewujudkan Tujuan Pemidanaan Yang Berkeadilan Sahat Maruli Tua Situmeang; Musa Darwin Pane; Wahyudi Wahyudi
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art4

Abstract

This study aims to determine the obstacles in implementing social work sanction and compensation by law enforcers and the efforts that must be undertaken in order to achieve the objective of fair punishment. The approach method in this research is a sociological juridical approach. The research specifically used analytical descriptive method. The results of this study conclude that social work criminal sanction have not been implemented by law enforcers, this is because there is no clear regulation in the form of legislation as the legal basis, including the absence of an institution that functions to oversee the implementation of social work sanctiion and compensation. As for the efforts aside of the support for the establishment of laws and regulations so that social work sanction can be applied, is also by the courage of law enforcers to implement social work sanction, so that the objectives of fair punishment can be realized.
The Organisation For Economic Cooperation And Development Guidelines Dan Pengaruhnya Terhadap Pengaturan Pajak Pertambahan Nilai Atas Jasa Di Indonesia Fadhilatul Hikmah
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art10

Abstract

Research on the practice of collecting Value Added Tax (VAT/PPN) on service exports carried out in Indonesia uses two conflicting principles, namely the destination principle and the origin principle. The application of these two principles can eliminate the essence of VAT neutrality and lead to double taxation and unintended double taxation. According to the OECD, the most appropriate principle to apply in VAT collection is the destination principle. This normative research was conducted in order to obtain answers regarding the influence of the OECD Guidelines on International VAT/GST on VAT regulation on service exports in Indonesia. The results of the study conclude that although the OECD Guidelines on International VAT/GST is a type of soft law that is not binding on Indonesia, indirectly, by declaring itself to implement the BEPS action plan comprehensively, the government has voluntarily demonstrated its commitment to implementing the OECD guidelines which relating to VAT, including the International VAT/GST Guidelines. In other words, the destination principle is the only principle that should be used in collecting VAT on service exports in Indonesia.
Penggunaan Tentara Anak Oleh Aktor Selain Negara Ditinjau Dari Hukum Humaniter Internasional Rahadian Diffaul Barraq Suwartono
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art5

Abstract

The use of children as combatants is not only carried out by the state, but also by actors other than the state. Children aged 8 to 14 are armed, trained and fielded in combats. The recruitment of child soldiers is generally prohibited by international law. There are several international legal instruments that prohibit the involvement of child soldiers in armed conflict. However, so far international legal arrangements have emphasized obligations on state subjects. This results in unclear regulations and legal accountability for the use of child soldiers by non-state actors. This research answers two problem formulations, First, how is the practice of using child soldiers by non-state actors?; Second, what is the concept of the responsibility of non-state actors for the crime of using child soldiers in international humanitarian law? This research is a normative study, using a statutory, historical, and conceptual approach. The results of this study concluded: First, the practice of using child soldiers in the field by non-state actors was carried out by recruiting their child soldiers forcibly and voluntarily, treating them very inhumanely, and assigning various kinds of child soldiers on their side based on age and sex; Second, the responsibility for a person who commits crimes using child soldiers can be in the form of individual responsibility or command responsibility.
Advokasi Perempuan Korban Kekerasan Melalui Model Clinic Legal Education Aroma Elmina Martha
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art6

Abstract

The increase in criminal acts of women's violence during the Covid-19 pandemic has an impact on the difficulty of access to advocacy, on the contrary, the provision of advocacy service institutions is limited plus the lack of legal aid resources. This paper aims to analyze the typology of women victims of violence in using access to advocacy rights and fulfillment of advocacy for women victims violence through the legal education clinical model. The theoretical basis used in this paper is the theory of women's advocacy and clinical legal education theory. By using a normative approach through tracing primary legal materials, this paper shows that first, there are at least six groups of women in understanding the knowledge of access to advocacy, namely groups of women who do not know their right to protection; women's groups see their rights but don't know where to go to access justice; women's groups who know where to go and have the right to access justice but do not have the financial means or capacity to access justice; A group of women who learned helpness and apathy with this condition accepted them as victims; a group of women who fear that perpetrators will apologize if they seek legal help. 6. Women's groups who have high awareness and seek to find out solutions to the violence they experience. Second, efforts to fulfill women's advocacy rights through the development of a legal education clinical model can be achieved with a live client clinic model and a street law clinic with a basic curriculum model based only on law but on a sense of community justice.
Problematika Pengaturan Tindak Lanjut Putusan Mahkamah Konstitusi Dalam Perkara Pidana Oleh Mahkamah Agung Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art1

Abstract

There are several decisions of the Constitutional Court (MK) regarding judicial review which are not only difficult to implement in practice but also followed-up in a variety of ways. Several norms in the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), are some of those that are often petitioned for review at the Constitutional Court. There are two main problems in this paper, first, how is the implementation of the Constitutional Court decision in a criminal case followed-up by the Supreme Court (MA)? Second, how should the Supreme Court's decision follow-up in criminal cases? This study concludes, first, the follow-up after the Constitutional Court's decision (especially judicial review) in criminal cases by the Supreme Court in the form of Supreme Court Circular Letter (SEMA), Supreme Court Regulations (PERMA), and there are even those who ignore the Constitutional Court's decision because the Supreme Court’s decision still rests on the provisions that have been canceled by the Court. Second, to follow-up on the Constitutional Court's decision by the Supreme Court in a criminal case, a legal product in the form of a Supreme Court Regulation must be issued. This is necessary for the smooth running of the judiciary or to fill legal gaps and loopholes resulting from the Constitutional Court's decision. For this reason, the People's Representative Council (DPR) and the Government should immediately revise the Criminal Code and Criminal Procedure Code so as not to create a legal vacuum, so as to provide justice and legal certainty for the community.
Persoalan Hukum Penyelesaian Hak atas Tanah dan Lingkungan Berdasarkan Perubahan Undang-Undang Minerba Wahyu Nugroho
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art7

Abstract

Law Number 3 of 2020 on Amendments to Law Number 4 of 2009 on Mineral and Coal Mining (Law No.3 of 2020) contains substantial problems. The problems are first, regarding the settlement of land rights for problematic mineral and coal mining business activities, second, regarding the licensing mechanism and environmental supervision of mining areas after Law No. 3 of 2020. The method of thisstudy method is normative legal research with a case approach. The results of his research conclude, first, the settlement of land rights for mining by the central government will obscure the state's function as regulator and licensee; second, mining environmental permits and supervision have not been based on environmental policies, and there is no implementation of an integrated environmental monitoring system in the regions.

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