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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
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Search results for , issue "Vol. 28 No. 1: JANUARI 2021" : 10 Documents clear
Orientasi Filosofis Hakim Pengadilan Agama Dalam Menyelesaikan Sengketa Ekonomi Syariah Zaidah Nur Rosidah; Lego Karjoko
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art8

Abstract

The purpose of this study is to determine the philosophical basis in the legal finding school of thoughts used by religious court judges and their orientation in resolving sharia economic disputes. The research problem is answered by using a normative method with a case and conceptual approach. The results of the research and discussion conclude that first, sharia economic dispute resolution has a philosophical foundation from the values of Pancasila, especially the first, second and fifth principles. Second, there are two different orientations of religious court judges in deciding sharia economic disputes, namely legism oriented and begriffjurisprudenz orientation. Amongst the various decisions, there are judges that are still oriented towards legism, namely deciding disputes based on existing positive laws, based on the Civil Code (KUHPer) even though the dispute is a sharia economic dispute. There are also many judges who have an orientation to begriffjurisprudenz, in this case the judge uses the basis of Islamic law, namely the Al Quran, Hadith and the Fatwa of the National Sharia Council (DSN) of the Indonesian Ulama Council (MUI) and the Compilation of Sharia Economic Law (KHES) in their decisions in addition to using the Civil Code (positive law).
Perbandingan Administrasi Peradilan Dalam Keadaan Darurat (Judicial Emergency) Akibat Pandemi Covid-19 Di Amerika Serikat Dan Di Indonesia Ibnu Sina Chandranegara
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art3

Abstract

The determination of a state of emergency clearly affects not only the executive and legislative branches of power but also the judicial power. The establishment of a state of emergency for the Covid-19 Pandemic in various countries has a direct or indirect effect on judicial powers in carrying out their duties and functions. This article is intended to compare the application of judicial emergency in the United States and how it reflects on judicial power in Indonesia. This study uses the comparative constitutional law method, which is to compare the material of constitutional law and practice in other countries to take the best materials and practices and provide suggestions that should be avoided in positive constitutional law. This article concludes that there is a need for strict legal material in the law of judicial powers and the procedural law in Indonesia so that it does not delegate too much technical authority in dealing with emergencies in the judiciary.
Implementasi Pelayanan Hak Tanggungan Elektronik Bagi Kreditor dan Pejabat Pembuat Akta Tanah Pandam Nurwulan
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art9

Abstract

Electronic Mortgage Services since 8th of July 2020 have been implemented simultaneously without going through an adequate transition and socialization period, which raises problems for its users. This research examines, first, how is the implementation of the electronic mortgage service mechanism for Creditors and PPAT? second, how to solve the obstacles faced by users of Electronic Mortgage services. This is a normative legal research supported by information from informants, namely electronic mortgage users, legal materials processing and qualitative descriptive analysis. From this research, it can be concluded that first, the mechanism for implementing Electronic Mortgage services begins with the making and inauguration of APHT by PPAT, registered with the Land Office online and the Mortgage Certificate requested and printed by the recipient of the Mortgage Rights. Second, solving the obstacles faced by Electronic Mortgage Users refers to the Technical Guidelines made by the ATR Ministry on April 29, 2020, because basically the obstacles are mostly related to IT systems and Electronic HT Service servers. HT-e users must confirm the problem to the service provider, namely the local Land Office. Users must be skilled in using the tools to complete the Granting of Mortgage Rights until the Electronic Mortgage Certificate is issued.
Pelaksanaan Pemenuhan Hak Atas Aksesibilitas Pendidikan Tinggi Bagi Penyandang Disabilitas Di Yogyakarta Eko Riyadi
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art4

Abstract

There are two backgrounds to this research, namely the mandate of the Convention on the Rights of Persons with Disabilities and Law Number 8 of 2016 to provide inclusive education for persons with disabilities, and conditions of higher education services and facilities that are not yet suitable for access for persons with disabilities. This research was conducted to answer two questions, first, how is the portrait of the fulfillment of the right to education for persons with disabilities in tertiary institutions in Yogyakarta? Second, how is the analysis of human rights law on the practice of fulfilling the right to education for persons with disabilities at universities in Yogyakarta? The answer to this question is done by conducting empirical research. This study concludes that the accessibility of high education for persons with disabilities is still very low. Educational services and infrastructure still prevent persons with disabilities from gaining access to higher education. This also shows that higher education has not been able to fulfill the right to education for persons with disabilities. In the future, it is time for higher education providers to prepare aspects of services and infrastructure that are accessible for persons with disabilities.-
Uji Reliabilitas Sendai Framework for Disaster Risk Reduction Dalam Rehabilitasi Kawasan Ekonomi Khusus Tanjung Lesung Karina Stefanie; Natalia Yeti Puspita
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art10

Abstract

State has the main responsibility in any disaster management process. The Sendai Framework for Disaster Risk Reduction (SFDR) is an international disaster management agreement in a country which Indonesia also ratifies. The research objective is to determine how the reliability test of the SFDRR in the rehabilitation of the Tanjung Lesung Special Economic Zone (KEK) after the 2018 tsunami. This research is an empirical juridical study, primary data as the main data obtained from field research and interviews, as a complement, a literature study was conducted to obtain secondary data. The results of the study concluded that rehabilitation efforts based on the SFDRR had been carried out by the government but there were no direct coordination and communication between the government, KEK managers, local communities, and tourists.
Kajian Hak Ulayat Di Kabupaten Kampar Dalam Perspektif Peraturan Perundang-Undangan Dan Hukum Adat Rika Lestari; Djoko Sukisno
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art5

Abstract

The existence of ulayat land rights for adat law communities in Kampar Regency is recognized in customary law across generations based on Adat Jati Andiko Nan 44. Development of ulayat land rights arrangements has shifted because they are regulated based on adat law and statutory regulations. The purpose of this research is to examine the recognition and protection of ulayat land rights based on the prevailing laws and regulations and based on adat law. This research method is normative empirical, the data sources are primary data and secondary data and analyzed descriptively qualitatively. The results of the research conclude that the recognition and protection of the ulayat land rights of the adat law community as contained in the statutory regulations have not been able to provide legal protection because the legal politics of recognizing ulayat land rights are still half-hearted, false and ambivalent. Therefore, efforts are needed to rebuild the legal politics of state recognition and protection of ulayat land rights of the adat law communities in the statutory regulations. It is necessary to revise the Kampar Regency Regional Regulation on Ulayat Rights by adopting the values of the Adat Jati Andiko Nan 44 as a law that lives, grows and develops in the adat law communities in Kampar Regency.
Jaminan Atas Pemenuhan Hak Keamanan Data Pribadi Dalam Penyelenggaraan E-Government Guna Mewujudkan Good Governance Bunga Asoka Iswandari
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art6

Abstract

This paper focuses on discussing the integration between the implementation of e-government as an alternative to public services with the principles of good governance and the existence of legal guarantees in the implementation of e-government that can fulfill the right to personal data for private information contained in the e-government system. The study was conducted using the library research data collection method and analyzed prioritizing logical thinking so as to find the cause and effect that will occur and this writing is a qualitative normative legal research. Bureaucratic reform to digital direction will be an improvement step for public services because through the digital bureaucracy the dream of realizing good governance in Indonesia becomes even more real. The electronization of communication between the public service sector and society, which is implemented with the existence of e-government, is an effort to create a digital bureaucracy. In practice, the e-government system contains a lot of information, both public and private. Data security, which is private information from every community, is very important in relation to e-government, public trust will be greatly affected by data security issues. However, the laws and regulations in Indonesia do not yet regulate the protection of personal data. Whereas the security of a citizen's personal data is a right that must be fulfilled by the state, therefore the government must have a legal guarantee mechanism that can create a safe e-government system.
Eksistensi Dan Keabsahan Surat Keputusan Bersama 3 Menteri Tentang Penjatuhan Sanksi Terhadap Pegawai Negeri Sipil Ridwan Ridwan
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art1

Abstract

This study analyzes the Joint Ministerial Decree (SKB) of 3 Ministers on the imposition of sanctions against Civil Servants (PNS) who commit criminal acts of occupational crimes or crimes related to their positions. This is a normative research, with a statutory approach and conceptual approach. The results of this study conclude that this SKB is a policy regulation that becomes a guideline for Civil Service Officers in imposing sanctions on civil servants. This SKB is in accordance with legal principles, does not contradict statutory regulations, and does not violate AUPB, unless if it is enforced retroacively.
Makna Pengalihan Hak Kepemilikan Benda Objek Jaminan Fidusia Atas Dasar Kepercayaan Rachmadi Usman
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art7

Abstract

The concept of fiduciary in legislation is “the transfer of ownership rights to an object on the basis of belief”, while jurisprudence defines it as “the transfer of property rights based on trust”. However, the object whose ownership rights have been transferred remains in the hands of the fiduciary. This fiduciary concept contains ambiguity, because in its imposition it is not clear how the transfer of property rights to the object of the fiduciary guarantee. The juridical and actual submission of movable objects generally occurs at the same time. The meaning of the transfer of ownership rights to objects of fiduciary security on the basis of this belief needs to be examined. This is a normative legal research using a statutory and historical approach. The results of the study conclude that the real and juridical submission of fiduciary security does not occur at the same time. The transfer of ownership rights to the object of fiduciary security is carried out as collateral for debt repayment, meaning false delivery, not really in the sense of the transfer of real ownership rights. The real delivery only occurs when the fiduciary is deemed in default, on the other hand the object of the fiduciary guarantee will be returned if the fiduciary is not in default. This transfer of ownership rights to the object of fiduciary security is intended to give the fiduciary the authority to act to sell the object of fiduciary security as well as to give preference to other creditors.
Hubungan Presiden dan Dewan Perwakilan Rakyat Pasca Amendemen Perspektif Teori Constitutional Retrogression Ilham Habiburohman
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art2

Abstract

The term Constitutional Retrogression was introduced by Aziz Huq and Tom Ginsburg to identify regress of the constitution, given that the constitution is formed as a safeguard for democracy. This identification is based on three basic principles of democracy, namely, competitive elections, freedom of speech and assembly and the quality of the law. In recent years, proposals for government regulations to replace laws submitted by the President have received the blessing of the House of Representatives (DPR). Whereas in substance it is still considered problematic; such as the promulgation of Perppu No. 1 of 2017 on Social Organizations. This study uses a normative juridical method with a statutory and conceptual approach. The results of the study conclude that the relationship between the President and the DPR after the amendment to the 1945 Constitution has indicated Constitutional Retrogression, hence this study proposes several preventive measures, first, amending the regulations on the presidential threshold; second, elections in a multiparty system are held in a proportional system with an open list approach; third, the Constitutional Court must be an impartial institution to mediate between the President and the DPR, which is prone to causing arbitrariness in order to avoid abuse and regress of the constitution.

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