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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.
Arjuna Subject : -
Articles 983 Documents
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Hubungan Hukum Para Pihak Dalam Layanan Urun Dana Melalui Penawaran Saham Berbasis Teknologi Informasi Ratna Hartanto
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 1: JANUARI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss1.art8

Abstract

The development of information technology has provided many facilities for business entities to obtain funding. One way to obtain funding without going through an initial public offering process is through equity crowdfunding. Equity crowdfunding is a platform system developed and managed by a host company. The platform can be used by publishing companies to offer securities in the form of shares to buyers or investors. Equity crowdfunding investors need legal certainty and legal protection for their investments. On the other hand, equity issuers and platform operators also need to get legal certainty from the Financial Services Authority. The Financial Services Authority has issued Financial Services Authority Regulation (POJK) Number 37/POJK.04/2018 regarding Funding Services through Information Technology Based Shares (Equity Crowdfunding). The problem examined in this paper is how the construction of legal relations and legal protection for the parties in equity crowdfunding in Indonesia. This study uses a normative method by reviewing the laws and regulations related to the legal issues studied. The results of the study concluded that the parties in holding equity crowdfunding, namely share issuers, organizers, and investors, all three has a triangular relationship that is born based on agreements or laws and regulations. Even though the OJK has issued regulations relating to equity crowdfunding, the current regulations do not guarantee full legal protection especially for investors.
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.
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).
Reformulasi Eksekusi Kebiri Kimia Guna Menjamin Kepastian Hukum Bagi Tenaga Medis/Dokter Dan Perlindungan Hukum Bagi Pelaku Pedophilia Ari Purwita Kartika; Muhammad Lutfi Rizal Farid; Ihza Rashi Nandira Putri
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art7

Abstract

This research focuses on establishing chemical castration as additional criminal penalty. Chemical castration is intended to minimize sexual crimes against children. However, this additional punishment of chemical castration is conflicted with the ethics of the medical profession and the additional punishment of chemical castration is due to the lack of technical instructions for chemical castration. This is a type of normative legal research. This study concludes that: first, the regulation on the executor of the perpetrator of sexual crimes against children does not have legal certainty. A person who takes action on chemical castration is not only a person who does it, but a person who has knowledge in the field of chemical castration. This science is related to medical science which should be able to perform chemical castration. The act of chemical castration that should be done by a doctor conflicts with the professional code of ethics of a doctor. Second, the legislators must reconstruct the rules related to the implementation of chemical sanctions castration so that they are clearly regulated and do not conflict with other regulations.
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.
Kompabilitas Penggunaan Metode Omnibus Dalam Pembentukan Undang-Undang Ibnu Sina Chandranegara
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art2

Abstract

Each legal system has its own theory of statutory formation, both countries that apply civil law and common law legal systems. The tendency to form laws in Indonesia after the realization of the need for regulatory reform has resulted in a growing awareness of making breakthroughs by using the omnibus method which is generally applicable in countries that apply the common law system. The question is whether this method is suitable to be adopted into the legal system of Indonesia? This article intends to examine the compatibility of the omnibus method and the solutions that need to be used to overcome its compatibility problems. This research concludes that if Indonesia is to adopt the omnibus method, it also requires a consolidation method before and after the enactment of legislation with the omnibus method, this is intended to consolidate it with the affected legislation.
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.
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.
Persoalan Kriteria Batasan Pertanggungjawaban Pidana Korporasi: Tinjauan Terhadap Peraturan Mahkamah Agung Nomor 13 Tahun 2016 Nur Aripkah
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art8

Abstract

The formulation contained in Article 4 paragraph (2) of Supreme Court Regulation (Perma)  No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations, especially those related to the element of determining errors in corporate criminal liability, still creates confusion and legal debate in it. As in addition to the element of actus reus (action) which is synonymous with criminal responsibility, there is an element of mens rea (error) which is also very essential and closely related to criminal liability. Thus in this research the study is focused on the problem of the criteria for limiting corporate criminal liability in accordance with Perma No. 13 of 2016 and the theory of corporate criminal responsibility contained in the Perma. The research method used is normative with a statutory, conceptual, and case approach. In the research it was found that the problem of the criteria for limiting corporate criminal liability as stipulated in Perma No. 13 of 2016 lies in the unclear and non strict standards of the criteria to regulate corporate criminal liability and this issue can be viewed from the vicarious liability theory and corporate culture model theory.

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