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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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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.-
Potensi Penyimpangan Hukum Dalam Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2020 Ahmad Gelora Mahardika
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.art3

Abstract

The development of the Corona Virus Disease-2019 (Covid-2019) was followed-up by the Government by issuing a Government Regulation in lieu of Law Number 1 of 2020 (Perpu Number 1 of 2020). The formulation of the problem to be answered in this research is what is the potential for legal irregularities in Government Regulation in lieu of Law Number 1 Year 2020? The research method used is normative juridical with a statutory approach. The results show that there is a potential for legal irregularities in this Perpu. The deviation in the form of a Perppu contradicts a number of Articles in the Legislation. These violations have the potential to give rise to legal uncertainty, because the Perpu is only temporary, namely until the completion of the Covid-19 pandemic outbreak phenomenon which cannot be ascertained when it will end. On the other hand, this Perpu provides enormous powers for a number of officials to take preventive measures that do not correlate directly with the Covid-19 pandemic problem, one of which is liquidity assistance to banks that are both systemically and non-systemically affected. In addition, all officials are given the right to immunity not to be prosecuted both criminal and civil and the decisions issued are not the object of the PTUN dispute, meaning that there is no checks and balances mechanism in the government. Thus, the suggestion given is to revise this Perpu.
Efektivitas Hukum Pelestarian Bangunan Dan Lingkungan Cagar Budaya Di Kota Denpasar I Putu Sastra Wibawa; Mahrus Ali
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.art9

Abstract

The Regional Regulation on Cultural Heritage of Denpasar City has been in effect for 5 years, it is very important to assess its effectiveness. There are two problems raised in this study. First, how effective is the Denpasar City Cultural Heritage Regional Regulation? Second, what is the strategy to achieve the effectiveness of the Denpasar City Cultural Heritage Regional Regulation? Data analysis was carried out both from primary data from the results of interview data, and analysis of secondary data in the form of primary and secondary legal materials. Therefore, this research can be called a research that uses mixed methods or is categorized as a socio-legal research. The results of the study conclude, firstly, regarding the effectiveness of the Regional Regulation on Cultural Heritage of Denpasar City, it can be reviewed from three sides, namely the role of regional officials, the rule of law, and legal awareness of the community. Second, the Regional Regulation on Cultural Heritage of Denpasar City is still not effective in regulating and implementing it in supporting the preservation and management of cultural heritage in Denpasar City. To achieve the legal effectiveness of the Denpasar City Cultural Heritage Regional Regulation, several strategies can be pursued, among others, the legal aspect strategy, the institutional aspect strategy, the physical aspect strategy and the financial aspect strategy.
Optimalisasi Peran Penegak Hukum Dalam Menerapkan Pidana Kerja Sosial Dan Ganti Rugi Guna Mewujudkan Tujuan Pemidanaan Yang Berkeadilan Sahat Maruli Tua Situmeang; Musa Darwin Pane; Wahyudi Wahyudi
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.art4

Abstract

This study aims to determine the obstacles in implementing social work sanction and compensation by law enforcers and the efforts that must be undertaken in order to achieve the objective of fair punishment. The approach method in this research is a sociological juridical approach. The research specifically used analytical descriptive method. The results of this study conclude that social work criminal sanction have not been implemented by law enforcers, this is because there is no clear regulation in the form of legislation as the legal basis, including the absence of an institution that functions to oversee the implementation of social work sanctiion and compensation. As for the efforts aside of the support for the establishment of laws and regulations so that social work sanction can be applied, is also by the courage of law enforcers to implement social work sanction, so that the objectives of fair punishment can be realized.
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.
Urgensi Plea Bargaining System Dalam Pembaruan Sistem Peradilan Pidana Di Indonesia: Studi Perbandingan Plea Bargaining System Di Amerika Serikat Ruchoyah Ruchoyah
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.art9

Abstract

This study aims to answer two problems: first, how is the concept of implementing a bargaining system in the criminal justice system in the United States? Second, what is the urgency of implementing the Plea Bargaining System in reforming the criminal justice system in Indonesia. The research method used is juridical normative with a conceptual approach and comparison method. This paper intends to provide legal problem solving for the accumulation of criminal cases in Indonesia, namely by implementing a plea bargaining system in reforming the criminal justice system in Indonesia. This study concludes that, first, In the United States, the plea bargaining mechanism is carried out at the arraignment and preliminary hearing stages. Second, the plea bargaining system in the United States is regulated in the Federal Rules of Criminal Procedure rule 11. The urgency of implementing a plea bargaining system in the criminal justice system in Indonesia can be seen from several considerations, namely philosophical, juridical, sociological, and political-legal considerations. The conclusions and recommendations of the authors are implementing a plea bargaining system in reforming the criminal justice system in Indonesia in order to realize an effective and efficient criminal justice.
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.
Pengaturan Dan Penerapan Mitigasi Risiko Dalam Penyelenggaraan Peer To Peer Lending Guna Mencegah Pinjaman Bermasalah Inda Rahadiyan; M. Hawin
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.art4

Abstract

Public interest in financial technology in the form of peer-to-peer lending (P2PL) is growing rapidly as an alternative provider of loans. In addition, it is a promising investment platform. The process of lending and borrowing between the lender and the recipient of the loan takes place through a system provided and managed by the organizing company that it provides various conveniences. However, the implementation of P2PL is also inseparable from the occurrence of non-performing loans. Regulating and implementing the risk mitigation of non-performing loans is an important issue in the implementation of P2PL. So far, there is no specific regulation regarding risk mitigation of P2PL implementation for non-performing loans, which results in weak legal certainty and protection for lenders. Therefore, the problems examined in this study include: First, how is the risk mitigation arrangement for non-performing loans in the implementation of P2PL in Indonesia? Second, how is the implementation of risk mitigation by the companies that carry out P2PL as an effort to prevent non-performing loans? This research is a normative legal research with a statutory and a conceptual approach. The results of the study concluded that: first, the P2PL risk mitigation arrangements, especially the risk of non-performing loans in Indonesia, are still scattered in several Financial Services Authority regulations and Bank Indonesia regulations. Second, the organizing company implements non-performing loan risk mitigation based on their respective internal policies.
The Organisation For Economic Cooperation And Development Guidelines Dan Pengaruhnya Terhadap Pengaturan Pajak Pertambahan Nilai Atas Jasa Di Indonesia Fadhilatul Hikmah
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.art10

Abstract

Research on the practice of collecting Value Added Tax (VAT/PPN) on service exports carried out in Indonesia uses two conflicting principles, namely the destination principle and the origin principle. The application of these two principles can eliminate the essence of VAT neutrality and lead to double taxation and unintended double taxation. According to the OECD, the most appropriate principle to apply in VAT collection is the destination principle. This normative research was conducted in order to obtain answers regarding the influence of the OECD Guidelines on International VAT/GST on VAT regulation on service exports in Indonesia. The results of the study conclude that although the OECD Guidelines on International VAT/GST is a type of soft law that is not binding on Indonesia, indirectly, by declaring itself to implement the BEPS action plan comprehensively, the government has voluntarily demonstrated its commitment to implementing the OECD guidelines which relating to VAT, including the International VAT/GST Guidelines. In other words, the destination principle is the only principle that should be used in collecting VAT on service exports in Indonesia.
Penggunaan Tentara Anak Oleh Aktor Selain Negara Ditinjau Dari Hukum Humaniter Internasional Rahadian Diffaul Barraq Suwartono
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.art5

Abstract

The use of children as combatants is not only carried out by the state, but also by actors other than the state. Children aged 8 to 14 are armed, trained and fielded in combats. The recruitment of child soldiers is generally prohibited by international law. There are several international legal instruments that prohibit the involvement of child soldiers in armed conflict. However, so far international legal arrangements have emphasized obligations on state subjects. This results in unclear regulations and legal accountability for the use of child soldiers by non-state actors. This research answers two problem formulations, First, how is the practice of using child soldiers by non-state actors?; Second, what is the concept of the responsibility of non-state actors for the crime of using child soldiers in international humanitarian law? This research is a normative study, using a statutory, historical, and conceptual approach. The results of this study concluded: First, the practice of using child soldiers in the field by non-state actors was carried out by recruiting their child soldiers forcibly and voluntarily, treating them very inhumanely, and assigning various kinds of child soldiers on their side based on age and sex; Second, the responsibility for a person who commits crimes using child soldiers can be in the form of individual responsibility or command responsibility.

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