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Jurnal Hukum IUS QUIA IUSTUM
ISSN : 08548498     EISSN : 2527502X     DOI : -
Core Subject : Social,
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 983 Documents
The Role Of The Host State To The Protection Of Human Rights And The Environment From The Violation Done By Transnational Corporations Sri Wartini
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art1

Abstract

Transnational Corporations (hereinafter TNCs) have great influence in the economic development and social welfare in host states. Due to the strong economic power owned by TNCs, they are able to influence the government of the host states. However, to certain extent, in order to gain a great profit, they often violate human rights and the environment in the host states. Unfortunately, the TNCs are not the subject of international law, thus international environmental law and International human rights law cannot be applied to TNCs. It seems that TNCs are out of the ambit of Law. However, it is essential to enhance the role of the host state government to enforce the law in order to protect human rights and environment in the host state. This paper undertakes a critical examination of the issues relating to human rights violations and environmental damage done by TNCs in developing countries. The research method of this article is qualitative and the approach of the research is normative. The research finds that the role of the host sate to enforce the law to protect human rights and environment from the violation done by TNCs is paramount.
Lembaga Damai Dalam Proses Penyelesaian Perkara Perdata Di Pengadilan Author: Mahyuni
Jurnal Hukum IUS QUIA IUSTUM Vol. 16 No. 4 (2009)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol16.iss4.art6

Abstract

The implementation of conciliation council in civil cases is urgently needed to give sense of justice among parties and to give limitation of cassation process. The limitation of cassation process is either substantively or procedurally. It is executed in order to reach reconciliation among parties which is stated on Article 130 HIR/154 R.Bg. Supreme Court had noticed to all judges by The Supreme Court Instruction No. 1/2002, that; The judges should act as a mediator in conciliation council and they gives a beneficial proposition for parties to entered negotiation in order to settle the dispute.Key word : civil case, conciliation council, and mediation
Inkompatibilitas Asas Pengaturan Sistem Pemilu dengan Sistem Pemerintahan Presidensial di Indonesia Agus Riwanto
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 4: Oktober 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss4.art1

Abstract

This study examines, first, whether the principles contained in the Electoral Act Norms are incompatible with the presidential system of government? Second, what is the cause of the incompatibility between the electoral system and the presidential system? Third, what are its influences in the practice of the implementation of presidential system of government which is based on the 1945 post-amendment? This study uses normative legal research (doctrinal) focusing on literature data. The study concluded that, first, the principles of the electoral system and the presidential system of government did not support each other as one integrated system. Second, the cause of incompatibility between these two systems was because the norms and provisions in the legislation governing the electoral systems of its principles were incompatible with the principles of presidential system of government. Third, the effect was not able to support the effectiveness of the course of the practice of the organization of presidential system of government which is based on the 1945 post-amendment.
Penegakan Hukum Pidana Yang Optimal (Perspektif Analisis Ekonomi Atas Hukum) Mahrus Ali
Jurnal Hukum IUS QUIA IUSTUM Vol. 15 No. 2 (2008)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol15.iss2.art6

Abstract

Basically, economic analysis towards criminal law relates to two points namely, rationality and efficiency. Rationality denotes that a person, in committing a crime always takes the cost and benefit into account. While efficiency means that a crime offender tends to use certain way which is less costly in committing the crime. An optimum criminal law enforcement, therefore,   may be achieved  through a certain method which takes the following three aspects into account; the benefit which is gained by the criminal offender, the lost which is caused by such crime, and also, the expenditure caused by  legal enforcement activities
Faktor-Faktor Sosiolegal yang Menentukan dalam Penanganan Perkara Korupsi di Pengadilan M. Syamsudin
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 3 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss3.art4

Abstract

This research discusses sociolegal factors problem which determines the treatment of corruption case in court. The discussed problem focus is sociolegal factors works in treatment of corruption case so that general court recently tends to impose free from charge decision. This research is classified as empirical legal research (non-doctrinal) with sociolegal approach. Data is collected through interview, observation and document study analyzed based on interactive model from Mattew B Miles and A Michael Haberman. Data validation is performed by triangulating source and method. The result of research shows that there are sociolegal factors which work in the treatment of corruption case both in Corruption Court and General Court. Those factors includes: case input quality, availability of eveidence and quality of indictment, composition and qualification of panel of judges amd social environment.Key words : Sociolegal factor, treatment of corruption case, court
Advocate and Corruption Eradication Erman Rajagukguk
Jurnal Hukum IUS QUIA IUSTUM Vol. 15 No. 3 (2008): English Version
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The role of advocate is of significant importance in the corruption eradication, especially in the side of litigation process. During litigation process, there is ethical dilemma experienced by such advocate in accomplishing advocacy on behalf of client. In such situation, the courage of an advocate in holding up the Advocate Ethical Code is very demanding. The meaning of corruption, in more sense, includes the abuse of power or position to enrich him/her self or others, the bribery and money laundering. An advocate is also possible for both a means of corruption device and a person eradiating corruption. These following paragraphs are to explain how an advocate enables to eradicate corruption in a three-activity way as he or she is responsible for in their daily activities: legal consultant, litigation and money laundering.
Penggeseran Aspek Hukum Publik ke Aspek Hukum Privat (Bantuan Likuiditas Bank Indonesia) Aang Achmad
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss3.art4

Abstract

This research discusses the issues of obstacles in the settlement of Bank of Indonesia Liquidity Support criminal conduct. This research is a doctrinal or juridical normative research. The legal materials are collected through literary study and documentary study. The materials are then qualitatively analyzed. Through these methods, the research concludes that the delay of the settlement of Bank of Indonesia Liquidity Support criminal conduct caused by: (1) the system of criminal law that has formal-legalisticpositivistic character; (2) complex proof; (3) the absence of cooperation with states where the assets located; and (4) the not yet applied reverse proof.Key words : Corruption, Bank of Indonesia Liquidity Support, Private Law
Analisis Yuridis terhadap Peranan Bank Syariah dalam Kegiatan Perbankan di Indonesia Wulanmas A.P.G. Frederik
Jurnal Hukum IUS QUIA IUSTUM Vol. 19 No. 4: Oktober 2012
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol19.iss4.art4

Abstract

The presence of Sharia banks offers customers with various banking products. It is just different from conventional banks in terms of pricing, both the selling price and the buying price. As for the types of products offered by Sharia banks are: Al-wadi’ah (savings), Financing with profit sharing, Bai’al- Murabahah, Bai’as-salam, Bai’Al-istihna, Al-Ijarah (Leasing), Al-Wakalah (Mandate), Al-Kafalah (warranty), Al-Hawalah, Ar-Rahn. The aim of this paper is: to find out the position of Sharia Banks in the Indonesian banking system, and to determine the role of Sharia Banks in the provision of banking services. The research method in this research is normative juridical approach. Based on the results and discussion of Sharia Bank position in the Indonesian banking system, the targets of Sharia banking development are: enhancing the benefits of Sharia banking for the public welfare; realizing a healthy, competitive, and efficient Sharia banking; assuring the compliance of Sharia principles consistently based on mudaraba (partnership); and assuring the precautionary principles. Furthermore, the role of Sharia Banks in the provision of banking services, which is based The Bank of Indonesia Regulation 6/ 17/PBI/2004 on Rural Banks based on Sharia principles and The Bank of Indonesia Regulation 6/24/PBI/2004 on Commercial Banks Conducting Business Based on Sharia Principles: Sharia Monitoring and Reporting Procedures for Monitoring Results to Sharia Supervisory Board.
Revisi Pasal Perzinaan dalam Rancangan KUHP: Studi Masalah Perzinaan di Kota Padang dan Jakarta Lidya Suryani Widayati
Jurnal Hukum IUS QUIA IUSTUM Vol. 16 No. 3 (2009)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol16.iss3.art2

Abstract

Sexual intercourse between men and women out of marital relationship indicates the current crisis of morality among people. More than this, the sexual intercourse among youths seems to be increasing as the increase of the cases of sexual transmitted diseases (STD). Considering this, the effort to overcome such deviation through criminalization policy cannot be delayed any longer, for the purpose of overcoming any possible negative impacts and deteriorate of people’s behavior.Keywords: penal code bill, Section on adultery
Perbandingan Penyelesaian Sengketa Perceraian Secara Mediasi di Pengadilan dan di Luar Pengadilan di Kabupaten Kampar Rika Lestari
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art8

Abstract

The problems studied in this research were: first, how is a divorce settlement through mediation in Religious Court of Bangkinang, Kampar Regency? Second, how is a divorce settlement through mediation outside the court of Kampar Regency? Third, what are the advantages and disadvantages of a divorce settlement through mediation outside and inside the court of Kampar Regency? The method used in this study was juridical sociological. The result concluded that first, the divorce settlement through mediation in Religious Court of Bangkinang had not yet optimally conducted. Second, the divorce settlement through mediation outside the court of Kampar Regency might take place due to good emotional bound between the parties in dispute and the mediators. Third, the advantages of the mediation process in divorce settlement in the court of Kampar Regency were confidential, low cost, and the existence of family spirit. Meanwhile, the disadvantages were the embarassment to the older members of the family and the indirect way of problem solving in which the elders dominantly put their opinions more than the parties in dispute. Moreover, the schedule to meet was uncertain because it needed to be synchronized to the schedules of the elders of each party in dispute. Also, there was no sytematic recording since it was usually conducted verbally.

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