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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. 28 No. 2: MEI 2021" : 10 Documents clear
Penyelesaian Sengketa Ekonomi Syariah Melalui Mediasi Pada Masa Pandemi di Pengadilan Agama Wilayah Yogyakarta Ani Yunita
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art10

Abstract

Sharia economic dispute resolution through mediation has many advantages, but the percentage of success in the process of sharia economic dispute resolution through mediation at the Yogyakarta Regional Religious Court is still low. Furthermore, it was speculated that a pandemic condition gives influence to the mediation implementation optimally. The research was to examine the factors to the low success rate of sharia economic dispute resolution through mediation at the Yogyakarta Regional Religious Court. This research an empirical juridical study using primary data and secondary data with a statutory approach method. Data were analyzed escriptive-qualitative analysis. The results show that the settlement of sharia economic disputes through mediation at the Yogyakarta Regional Religious Court is still low due to several factors, among others, there are not many judge mediators who have mediator certificates and sharia economic certificates, the parties are not in good faith, there is no regulation regarding the presence of the parties through remote audio-visual intermediaries on the Covid-19 pandemic and the constraints of the fast handling process in the mediation process as already regulated in Supreme Court Regulation Number 1 of 2016 (PERMA No.1 Of 2016).
Keterbukaan Informasi Sebagai Mitigasi Risiko Peer To Peer Lending (Perbandingan Antara Indonesia Dan Amerika Serikat) Inda Rahadiyan; Nikmah Mentari
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art5

Abstract

The development of peer to peer lending (P2PL) in Indonesia will always be followed by the formation of the latest regulations. However, the existing regulations do not sufficiently regulate the disclosure of information. On the other hand, in the United States as the country with the largest P2PL, information disclosure is a major part in the implementation of P2PL. The approaches used in this research are a conceptual approach, a statutory approach, and a comparative law approach. The results conclude that obtained are that the regulation regarding P2PL does have an obligation to disclose information, but the regulation is not comprehensive because it is exclusive and limited. In fact, the disclosure of information can be a part of risk mitigation in P2PL, for example, minimizing the risk of problem loans. Meanwhile, in the United States, through the Security Exchange Commission (SEC) and the Consumer Financial Protection Bureau (CFPB), detailed and periodic information disclosure is available. So that both prospective borrowers and potential lenders can consider the risks and capabilities of each party more before making transactions in P2PL. This then can be one of the risk mitigation for P2PL in the United States.
Integrasi Antara Komisi Pengawas Persaingan Usaha Dan Penyidik Kepolisian Dalam Penegakan Hukum Persaingan Usaha Sukarmi Sukarmi
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art6

Abstract

The handling of unfair business competition cases by the Business Competition Supervisory Commission (KPPU) cannot run alone without the help and support of other law enforcement agencies, one of which is the Police Investigator. Its support is related to the summoning of the reported, witnesses and expert witnesses, collection of evidence and examinations that contain elements of competition law crimes as mandated by Law Number 5 of 1999. The issues examined in this research are, first, what is the role played by police investigators. in the enforcement of business competition law, has it been integrated with KPPU? second, how is the integration between KPPU and police investigators in enforcing business competition law? This is a normative legal research with a statutory approach and a case approach. The results of the study conclude that the role of Police Investigators in enforcing business competition law begins during the investigation and examination process. KPPU requests assistance to present the reported, witnesses, expert witnesses as well as anyone involved in business competition cases. Then after a decision is issued by the KPPU that has not been filed for objection, the investigator can follow up if it contains a criminal aspect. The integration between the KPPU and the Police Investigators of the Republic of Indonesia is manifested in the form of a Memorandum of Understanding which is then followed up with a cooperation to form a Working Group between KPPU and Police Investigators in handling business competition cases.
Prospek Relasi Dewan Perwakilan Daerah Dengan Partai Politik Bagir Manan; Indra Perwira; Mei Susanto
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art1

Abstract

This article analyzes the relationship between the Regional Representative Council (DPD) and political parties that are often confronted diametrically. The questions presented, what is the historical factor for the formation of the DPD and the comparison of the practices of several countries in relation to regional representative bodies and political parties? What are the prospects for the relationship between the DPD and political parties in the future? This article aims to provide a different perspective on the relationship between the DPD and political parties from the historical, comparative and conception point of regional representation bodies. Through the socio-legal method, it was concluded that, first, historically the formation of the DPD was designed to be filled by individuals, not political parties. However, the practice of some countries shows that regional representative bodies generally cannot be separated from political parties. The lesson is that separating the DPD and political parties "strictly" can be said to always be violated because it is not in accordance with the natural conditions of filling the DPD directly by the people, who are influenced by the strength of the network and political parties. Second, whether or not there are political party affiliations in the DPD will not have a significant impact due to the limited authority of the DPD, so what is needed is the granting of significant DPD authority in the legislative process and supervision through the bicameral model. Thus, the prospect of the relationship between the DPD and political parties in the future can contribute to each other according to the DPD's already significant authority while still providing space for individuals
Perlindungan Hukum Usaha Mikro, Kecil, Dan Menengah Melalui Fasilitasi Sertifikasi Halal Produk Pangan (Studi terhadap Praktek di Kalimantan Tengah) Tri Hidayati; Erry Fitrya Primadhany
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art7

Abstract

Halal certification for products is the obligation of all business actors (Article 4 UUJPH). MSMEs also need to enjoy the facility of halal certification from local governments, but the number of halal-certified UMKM products in Central Kalimantan tends to be low. This research raises two problems, first, how to facilitate the implementation of halal certification for UMKM products in Central Kalimantan. Second, what is the role of the Central Kalimantan regional government in providing legal protection to MSMEs by facilitating halal certification of food products. This is an empirical or socio-legal legal research that uses primary data and secondary data. The results of this study concluded: 1. The facilitation of halal certification for UMKM products in Central Kalimantan was carried out in the form of, first, socialization and training of MSMEs regarding non-formal halal certification; Second, the budget policy for the cost of halal certification for new MSME entrepreneurs 2018-2019 at the Ministry of Trade and Industry of Central Kalimantan Province, however, is not a priority and has very little quota compared to the number of MSMEs; Third, the realization of certification fee assistance is carried out every year but information and coordination between the Provincial and Regency / City Governments is still weak as a result of limited access to MSMEs. 2. The Central Kalimantan government has played a role in providing preventive legal protection for MSMEs through the facilitation of halal certification in the sector of Industry, Ministry of Industry and Industry of Central Kalimantan and regencies / cities, but this has not been maximally implemented.
Prinsip Maslahah Pada Putusan Mahkamah Konstitusi Terhadap Perkawinan Bagi Umat Beragama Dan Penghayat Kepercayaan Umar Haris Sanjaya; Agus Yudha Hernoko; Prawitra Thalib
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art2

Abstract

This study aims to provide insights on the Constitutional Court Decision Number 97 / PUU / XIV / 2016 on filling-in the space for religion or belief in the Identity Card (KTP) has maslahah value for the community. This can be declared true after an analysis of the objectives and their enforcement in Indonesia has been carried out. Maslahah values are manifested by the certainty of the beliefs contained in the KTP. So that in socializing, the people may know for sure one’s religion or belief to guarantee or minimize the occurrence of interfaith and belief marriages. This study uses a normative method with a statutory and conceptual approach. The results of the study conclude that the Constitutional Court's decision has maslahah principles in Islamic thought as it provides recognition of rights, recognition of access to rights to public services, public services on marriage registration as a form of certainty, is an order in the Marriage Law, legal certainty creates rights and obligations for spouses, marriage registration creates protection, the state is obliged to provide protection for its citizens
Pendaftaran Pendirian Badan Usaha Secara Elektronik Melalui Sistem Administrasi Badan Usaha Ivone Tara Chensita; Raden Murjiyanto
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art8

Abstract

The purpose of this study intends to identify, first, the legal certainty of granting integrated licensing through Online Single Submission (OSS), in connection with the registration of business entities electronically (online) through the Business Entity Administration System (SABU) at the Director General of AHU of the Ministry of Law and Human Rights. Second, steps that must be taken for companies that have existed before the enactment of company registration through SABU. Third, steps that must be taken in the event of a change related to company data that has been registered through SABU. The research method uses the normative-empirical method. The results of the study concluded that, first, by registering business entities electronically (online), it provides more legal certainty in the services of providing integrated business licensing through OSS. Second, in this case the granting of business licenses in accordance with the business fields that have been inputted and registered in the SABU system and integrated with the system in the OSS, will issue a Business Identification Number (NIB). Third, there must be an amendment to the articles of association, especially in terms of changes regarding the objectives and activities of the business sector, changes must be made by adjusting the list of business fields listed in the 2017 Indonesian Standard Business Field Classification (KBLI). Subsequently registered with the Ministry of Law and Human Rights (on line) via SABU, and a Certificate of Registration for Changing Company Data will be issued.
Urgensi Pembatasan Kekuasaan Presiden Dalam Pengangkatan Wakil Menteri Pasca Reformasi Ahmad Ilham Wibowo; Karina Maharani Alkhusna
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art3

Abstract

Law Number 39 of 2008 gives the president authority to appoint a Deputy Minister. However, the appointment of the Deputy Minister, both in terms of regulation and practice, did not restrict the power of the President as mandated by the 1945 Constitution after the reform. There are 2 problem formulations in this research: first, what are the dynamics of the post-reformation arrangements for the appointment of Deputy Minister for President? Second, what is the urgency of limiting the power of the President in appointing the Deputy Minister in post-reformation era? This is a normative research using statutory, conceptual, case and historical approaches. The results conclude that first, the arrangement of the presidential authority to appoint Deputy Minister has undergone various changes which resulted in a wide space for the President to appoint and determine the number of Deputy Minister. Second, there is an urgency to limit the power of the President to appoint Deputy Minister because the regulations in the State Ministry Law still has gaps in the domination of the President’s political interests, not based on the existence of certain expertise for workloads that require special handling and not in line with the effectiveness and efficiency of the state ministries. Limitation of power can be carried out by providing clear terms and indicators and involving the DPR’s considerations in the appointment of the Deputy Minister
Pemenuhan Hak Atas Informasi Masyarakat Dalam Pelaksanaan Pengadaan Tanah: Studi Pengadaan Tanah Taman Budaya Sleman Siti Rahma Novikasari; Nurmalita Ayuningtyas Harahap
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art9

Abstract

This research is aimed at examining the relationship between the implementation of the principle of openness of the government to the fulfillment of the right to information in the land acquisition activity of the Sleman Cultural Park. The problems in this research are, first, what is the concept of fulfilling the right to information in the land acquisition policy for the public interest? Second, does the implementation of the Sleman Cultural Park land acquisition reflect the fulfillment of the right to information? This study uses an empirical legal research method with a statutory approach and a conceptual approach. The results of the study concluded that in the implementation of the Sleman Cultural Park land acquisition, the fulfillment of the right to information by the government was limited to a formalistic framework and had not yet reached the fulfillment of the right to information substantially, so that the community did not have full rights to information. This has led to public distrust of the government and resulted in the failure of land acquisition activities for the Sleman Cultural Park.
Perlindungan Hukum Masyarakat Terhadap Hak Atas Tanah Ber-Status Quo Di Pulau Galang Lia Nuraini; Dewi Haryanti
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art4

Abstract

The land problem in Galang Island started from the unclear division of authority between the Batam Regional Authority and the Batam City Government as well as the land status of the Galang Island area which led to the status quo. Meanwhile, the community already has their rights, but is considered to be in an illegal location. The formulation of the problem in this research are first, how is the arrangement of the authority of land management rights in Galang Island? Second, how is the legal protection of the people who hold land rights with status quo in Galang Island area? This is a normative legal research with historical and conceptual approaches. Retrieval of legal material through literature study and document study with qualitative analysis techniques. The results of the study concluded that land management rights were given to the Chairman of the Batam Concession Agency (BP) who was ex officio led by the Mayor of Batam. Other land problems arose from the Decree of the Minister of Forestry Number 307 / Kpts-II / 1986, namely that the Galang area was included as a forest area and the determination of the status quo that had an impact on the community. The safeguards undertaken by the National Land Agency (BPN) are by not issuing land title certificates in Galang and for the land rights owned by the community if the Batam Concession Agency wants to acquire land in Galang which already has the status of land rights must compensate for the plants or existing buildings on the land.

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