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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. 3: SEPTEMBER 2021" : 10 Documents clear
Kedudukan Dan Materi Muatan Peraturan Menteri Dalam Perspektif Sistem Presidensial Ni'matul Huda
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art5

Abstract

The obesity of regulations at the central and regional levels lead to problems in structuring legislation. The various ministerial regulations make it difficult for local governments to follow up. The problems studied in this research are first, what is the position and content of ministerial regulations in the perspective of legislation and the presidential system in Indonesia? Second, how to avoid obesity in the formation of ministerial regulations in the administration of government? The two problems will be analyzed in descriptive-qualitative manner, using statutory and conceptual approaches. The results of this study conclude that first, ministerial regulations are essentially not included in the hierarchy of laws and regulations, yet they can be issued by the minister as long as there is an authority or order from a higher law to regulate it and only applies internally for the benefit of the present institution. However, the ministers in the presidential system are not responsible to the parliament but to the president, hence the right person to stipulate the laws and regulations should be the president; second, to avoid the occurrence of obesity in the formation of ministerial regulations, the president only needs to form a Government Regulation or Presidential Regulation, and does not need to delegate it to the minister to form implementing regulations.
Persoalan dan Konstruksi Norma Pengaturan Pembatasan Kebebasan Berkumpul Di Indonesia Mirza Satria Buana; Wahyudi Djafar; Ellisa Vikalista
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art6

Abstract

This article analyzes normative issues in various laws and regulations governing the handling of freedom of peaceful assembly. The formulations of the problems analyzed in this article are: first, whether the regulation and limitation of the right to peaceful assembly in Indonesia are in line with international human rights ideals. Second, how are the arrangements and restrictions on the right of assembly from other countries, which can provide constructive input on the norms for regulating and limiting the freedom of peaceful assembly in Indonesia? This article uses normative legal research and a comparative approach to constitutional law, by looking at concepts and practices from other countries. The conclusions of this study are: first, the regulation and restriction of the freedom of peaceful assembly is still far from the ideal of international human rights. There are still ambivalent and discriminatory arrangements. Second, the conclusion from the results of the comparative study found that there are many variants of gathering activities that are not accommodated by Indonesian legislation, such as: sudden gatherings, continuous and scheduled gatherings, and reciprocal gatherings.
When Double Intention Ignored: A Study of Corruption Judicial Decisions Muhammad Arif Setiawan; Mahrus Ali
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art1

Abstract

This study aims to analyze the application of participating perpetrator in court decisions in corruption cases. The research question is whether the double intention as a condition for participating perpetrator in the decision of a corruption case is fulfilled? As a normative legal research, the study in this research is focused on the ratio of four decisions on corruption cases, especially the concept of criminal participation. The results of the study concluded that the double-intentional evidence as a condition for participating perpetrator so was ignored by the panel of judges. The role of involvement of each defendant in the offense of participating perpetrator in the ongoing decision is not described. The judge is not even able to distinguish between the conditions of a person as a perpetrator and the participating perpetrator. In the decisions studied, the judges also mixed the concepts of ordering, advocating, and participating in committing criminal acts of corruption. The judge's inaccuracy in the use of double intention resulted in the emergence of an unfair sentence. Therefore, this study suggests that the Supreme Court should make guidelines for the application of participating perpetrator in corruption cases.
Analisis Yuridis Kewenangan Pemerintah Desa Dalam Pengelolaan Dana Desa Untuk Kesehatan Di Kabupaten Banyumas Alan Bayu Aji; Kartika Dwi Chandra Sari
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art7

Abstract

This research departs from the use of village funds which are still oriented towards infrastructure development in the midst of the low Human Development Index in Banyumas Regency which is influenced by the level of community health. The purpose of the research is to identify first, the authority of the Village Government in the use of village funds for health sector activities according to applicable regulations. Second, the role of the Village Government in utilizing village funds for health sector activities in Banyumas Regency. Third, the Village Fund utilization model for future public health activities. The research method used is normative juridical with statutory, case and conceptual approaches. The results of the study show that first, the authority of the village government for the utilization of village funds in the health sector is regulated in the Minister of Village Regulation Number 01 of 2015. Second, it was found that the role played by the village government in 50 villages in Banyumas is still lacking, it is proven that only 6% allocation of village funds for health. Third, the model that will be built in the future is the use of a bottom-up system in village development planning, health census, formation of peer education as well as socialization and periodic monitoring from the government.
Permaafan Dan Diat Alternatif Pidana Penjara Pada Tindak Pidana Pembunuhan Biasa (Doodslag) Hambali Yusuf; Topo Santoso; Nashriana Nashriana
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art2

Abstract

The purpose of this study is to first, find the argument that forgiveness and punishment are needed as an alternative to other sanctions from imprisonment for the crime of murder. Second, to explain the criminal system in the application of forgiveness and punishment to ordinary murders in Islamic criminal law. Third, outlining/analyzing the policy of criminalizing the sanctions of Forgiveness and Diat on the crime of murder in the renewal of criminal sanctions. This type of research is a normative research. The approach is a statutory approach and a comparative approach as well as a philosophical approach. The results of the study conclude that first, an alternative to imprisonment is needed for ordinary murder. The application of forgiveness and punishment as an alternative to imprisonment for the crime of murder has a strong basis, both theoretically, philosophically, juridically, sociologically, and even the constitutional basis of the 1945 Constitution of the Republic of Indonesia. Second, in the application of forgiveness and punishment, the judge will apply it if there is forgiveness from the family victim. Third, as a renewal of sanctions, forgiveness and punishment are not a guide for judges, but as reasons for not imposing imprisonment, and choosing to impose an alternative fine to imprisonment, it is necessary to include it in the Draft Law on the Criminal Code which will be discussed. by the legislature.
Pemenuhan Kewajiban Negara Terhadap Pekerja Terdampak Kebijakan Penanganan Covid-19 Di Kota Semarang Rahayu Rahayu; Diastama Anggita Ramadhan; Pulung Widhi Hari Hananto
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art8

Abstract

The employment sector is the most severely affected by the Covid-19 pandemic, including in Indonesia. More than 2 million people have lost their jobs, meaning they no longer have the income to make ends meet. This study aims to identify and analyze the impact of the Covid-19 pandemic on the employment status of workers in Semarang City, as well as the efforts made by the Semarang City Government to carry out its obligations to fulfill the rights of these workers. This research is a qualitative research with a doctrinal approach, and uses secondary data obtained through literature study in the form of regulatory and policy instruments as well as relevant scientific concepts. This study concludes that the Covid-19 pandemic has an impact on the employment status of some workers in the city of Semarang, namely experiencing termination of employment (PHK) or being ‘sent home'. Regarding this situation, the Semarang City Government is trying its best so that the rights of workers affected by the Covid-19 handling policy can be fulfilled by the company by encouraging an agreement to be reached between the parties. For workers who are affected, the Semarang City Government also provides various stimuli and social assistance.
Konsep Pengenaan Pajak Alat Berat Pasca Putusan Mahkamah Konstitusi Nomor 15/PUU-XV/2017 Dahliana Hasan
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art3

Abstract

Constitutional Court Decision No. 15/PUU-XV/2017 opens up opportunities for the imposition of taxes on heavy equipment with a new legal basis through amendments to Law no. 28 of 2009 on Regional Taxes and Levies. Therefore, legislators need to think about the right concept of tax on heavy equipment, especially with regard to the environmental impacts caused as a result of its operation. This is a normative legal research using case study and conceptual approaches wtih qualitative analysis. This study concludes that the proposed heavy equipment tax concept is directed at restructuring the fuel tax policy and formulating a new concept for heavy equipment tax or registration fees that can become agents of pollution behavior change. However, both legislators and executors need to anticipate the main challenges that may arise in restructuring and implementing the tax policy.
Prinsip Pembuktian Sederhana dalam Permohonan Penundaan Kewajiban Pembayaran Utang Devi Andani; Wiwin Budi Pratiwi
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art9

Abstract

This study aims to determine firstly, the application of simple evidenciary in the application for Postponement of Debt Payment Obligations (PKPU) and secondly, the comparison of the concept of simple evidenciary in PKPU. The research method used is normative legal research, data is collected by means of literature studies and documents written descriptively and analyzed qualitatively. The results of this study show that first, simple evidenciary provision in Article 8 paragraph (4) in conjunction with Article 2 paragraph (1) of the Bankruptcy Law and PKPU, regulates that simple evidenciary applies to applications for bankruptcy statements. Whereas in the PKPU petition, in fact the Bankruptcy Law and PKPU do not require the application of simple evidenciary which states that the petition for a declaration of bankruptcy must be granted if there are facts or circumstances that are simply proven that the requirements for bankruptcy are declared. Second, although the Bankruptcy Law and PKPU do not regulate the principle of simple proof that can be applied in a PKPU application, judges can apply the simple evidenciary principle by taking into account the principles of simple, fast, and low-cost justice and the objectives of the Bankruptcy Law and PKPU can be achieved.
Pengaturan Larangan Plastik Sekali Pakai: Kritik Terhadap Putusan Mahkamah Agung Nomor 29 P/Hum/2019 Dari Perspektif Teori Dan Hukum Perundang-Undangan Umbu Rauta; Titon Slamet Kurnia
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art4

Abstract

This article discusses the Supreme Court Decision Number 29 P/HUM/2019 on the Judicial Review of Article 7 and Article 9 paragraph (1) of Governor of Bali Regulation No. 97 of 2018 on Restrictions on the Generation of Single-use Plastic Waste. The Supreme Court (MA) rejected the applicant's application with a dedicendi ratio that the a quo Governor's Regulation was justifiable as it was based on the principle of decentralization and the impact of single-use plastic waste that pollutes or damages the environment. The legal issues highlighted relate to how the relationship between legal products in the form of legislation and regulations should be, as well as whether the Supreme Court's judicial considerations in its decisions are appropriate according to the law. The research method is done with conceptual and case study approaches. The results of the study that: First, legal products in the form of regulations are an elaboration of legislation, so that regulations may not create new legal norms. Second, the Supreme Court's judicial opinion is incorrect as it does not distinguish between legislation and regulation products, so there is an impression that everything can be regulated by regional legal products provided that it is in accordance with the regional conditions. In addition, the act of limiting Human Rights is only carried out through legislative products in the form of legislation (laws).
Kebijakan Hukum Vrijwillige Orderwepping Dan Toepasselijk Verklaring Sebagai Unifikasi Pemerintah Hindia Belanda Entol Zaenal Muttaqin; Ahmad Zaini
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 3: SEPTEMBER 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss3.art10

Abstract

This paper aims firstly, to identify the background of how the Vrijwillige Onderwepping and Toepasselijk Verklaring policies are made. Second, to explore the influence of the policies of Vrijwillige Onderwepping and Toepasselijk Verklaring in realizing legal unification in the Dutch East Indies. The method used is normative juridical with statutory and historical approaches. At the end this paper concludes that, First, the vrijwillige onderwepping and toepasselijk verklaring policies were made to bridge two different perspectives even though the ultimate goal is unification. Second, this policy greatly influenced the submission of the natives to European law although complete unification was never achieved due to the arrival of the Japan in 1942.

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