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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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Restrukturisasi Perguruan Tinggi Swasta Sebagai Upaya Penyehatan Dan Peningkatan Kualitas Institusi Cita Yustisia Serfiyani
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.art10

Abstract

The quantity of private universities in Indonesia that is not comparable with the fulfillment of higher education quality standards and the low quality of graduates is an important issue. Efforts to streamline the number of private universities can be pursued by restructuring legal entities, by means of mergers, consolidations, acquisitions and company separation which are of course adjusted to the character of foundations and private universities. Restructurisation is still experiencing problems that it is necessary to analyse the inhibiting and the supporting factors. This research aims to first, analyse the arrangements of legal protection for the restructurisation of private tertiary institutions, both between foundations and private tertiary institutions; second, formulating a method of restructuring private tertiary institutions that is appropriate for institutional restructurisation. This normative juridical research concludes that arrangements regarding obligation of restructurisation and the transfer of rights and obligations of the parties, first, both in restructurisation among foundations and restructurisation among private universities, need to be clarified in order to provide legal protection for the parties and the successful management of post-restructurised entities. Second, the appropriate restructurisation method to be applied is mergers and consolidations which must be supported by a new set of regulations that provide opportunities and obligation of restructurisation for private universities with certain indicators.
Jaminan Atas Pemenuhan Hak Keamanan Data Pribadi Dalam Penyelenggaraan E-Government Guna Mewujudkan Good Governance Bunga Asoka Iswandari
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.art6

Abstract

This paper focuses on discussing the integration between the implementation of e-government as an alternative to public services with the principles of good governance and the existence of legal guarantees in the implementation of e-government that can fulfill the right to personal data for private information contained in the e-government system. The study was conducted using the library research data collection method and analyzed prioritizing logical thinking so as to find the cause and effect that will occur and this writing is a qualitative normative legal research. Bureaucratic reform to digital direction will be an improvement step for public services because through the digital bureaucracy the dream of realizing good governance in Indonesia becomes even more real. The electronization of communication between the public service sector and society, which is implemented with the existence of e-government, is an effort to create a digital bureaucracy. In practice, the e-government system contains a lot of information, both public and private. Data security, which is private information from every community, is very important in relation to e-government, public trust will be greatly affected by data security issues. However, the laws and regulations in Indonesia do not yet regulate the protection of personal data. Whereas the security of a citizen's personal data is a right that must be fulfilled by the state, therefore the government must have a legal guarantee mechanism that can create a safe e-government system.
Hakikat Hukum Ekonomi (Internasional) Dalam Perspektif Teori Keadilan Bermartabat Jeferson Kameo; Teguh Prasetyo
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.art5

Abstract

The legal issue that is raised and examined in this article is the concern that has recently emerged behind the development of (international) economic law. As if the (international) economic law would threaten the sovereignty of countries. This type of research is normative legal research. The results of the research and discussion conclude that the anxiety over such (international) economic law developments is excessive. Even though it is necessary to make efforts as a sign of caution. It is proven that in (international) economic law does not override national law. The theory of dignified as a pure legal theory becomes a tool kit to describe at a glance the “face” of (international) economic law that should not be worried about. Each sovereign state must give consent before the rules and legal principles are applied and enforced within and among the countries that are binding themselves in a form of international agreement. It is at this stage of the approval that the filter with legal values in the soul of the nation (Volksgeist) that safeguards the sovereignty of a nation and state can be used to select (international) economic law.
Eksistensi Dan Keabsahan Surat Keputusan Bersama 3 Menteri Tentang Penjatuhan Sanksi Terhadap Pegawai Negeri Sipil Ridwan Ridwan
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.art1

Abstract

This study analyzes the Joint Ministerial Decree (SKB) of 3 Ministers on the imposition of sanctions against Civil Servants (PNS) who commit criminal acts of occupational crimes or crimes related to their positions. This is a normative research, with a statutory approach and conceptual approach. The results of this study conclude that this SKB is a policy regulation that becomes a guideline for Civil Service Officers in imposing sanctions on civil servants. This SKB is in accordance with legal principles, does not contradict statutory regulations, and does not violate AUPB, unless if it is enforced retroacively.
Advokasi Perempuan Korban Kekerasan Melalui Model Clinic Legal Education Aroma Elmina Martha
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.art6

Abstract

The increase in criminal acts of women's violence during the Covid-19 pandemic has an impact on the difficulty of access to advocacy, on the contrary, the provision of advocacy service institutions is limited plus the lack of legal aid resources. This paper aims to analyze the typology of women victims of violence in using access to advocacy rights and fulfillment of advocacy for women victims violence through the legal education clinical model. The theoretical basis used in this paper is the theory of women's advocacy and clinical legal education theory. By using a normative approach through tracing primary legal materials, this paper shows that first, there are at least six groups of women in understanding the knowledge of access to advocacy, namely groups of women who do not know their right to protection; women's groups see their rights but don't know where to go to access justice; women's groups who know where to go and have the right to access justice but do not have the financial means or capacity to access justice; A group of women who learned helpness and apathy with this condition accepted them as victims; a group of women who fear that perpetrators will apologize if they seek legal help. 6. Women's groups who have high awareness and seek to find out solutions to the violence they experience. Second, efforts to fulfill women's advocacy rights through the development of a legal education clinical model can be achieved with a live client clinic model and a street law clinic with a basic curriculum model based only on law but on a sense of community justice.
Problematika Pengaturan Tindak Lanjut Putusan Mahkamah Konstitusi Dalam Perkara Pidana Oleh Mahkamah Agung Ni'matul Huda
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.art1

Abstract

There are several decisions of the Constitutional Court (MK) regarding judicial review which are not only difficult to implement in practice but also followed-up in a variety of ways. Several norms in the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), are some of those that are often petitioned for review at the Constitutional Court. There are two main problems in this paper, first, how is the implementation of the Constitutional Court decision in a criminal case followed-up by the Supreme Court (MA)? Second, how should the Supreme Court's decision follow-up in criminal cases? This study concludes, first, the follow-up after the Constitutional Court's decision (especially judicial review) in criminal cases by the Supreme Court in the form of Supreme Court Circular Letter (SEMA), Supreme Court Regulations (PERMA), and there are even those who ignore the Constitutional Court's decision because the Supreme Court’s decision still rests on the provisions that have been canceled by the Court. Second, to follow-up on the Constitutional Court's decision by the Supreme Court in a criminal case, a legal product in the form of a Supreme Court Regulation must be issued. This is necessary for the smooth running of the judiciary or to fill legal gaps and loopholes resulting from the Constitutional Court's decision. For this reason, the People's Representative Council (DPR) and the Government should immediately revise the Criminal Code and Criminal Procedure Code so as not to create a legal vacuum, so as to provide justice and legal certainty for the community.
Makna Pengalihan Hak Kepemilikan Benda Objek Jaminan Fidusia Atas Dasar Kepercayaan Rachmadi Usman
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.art7

Abstract

The concept of fiduciary in legislation is “the transfer of ownership rights to an object on the basis of belief”, while jurisprudence defines it as “the transfer of property rights based on trust”. However, the object whose ownership rights have been transferred remains in the hands of the fiduciary. This fiduciary concept contains ambiguity, because in its imposition it is not clear how the transfer of property rights to the object of the fiduciary guarantee. The juridical and actual submission of movable objects generally occurs at the same time. The meaning of the transfer of ownership rights to objects of fiduciary security on the basis of this belief needs to be examined. This is a normative legal research using a statutory and historical approach. The results of the study conclude that the real and juridical submission of fiduciary security does not occur at the same time. The transfer of ownership rights to the object of fiduciary security is carried out as collateral for debt repayment, meaning false delivery, not really in the sense of the transfer of real ownership rights. The real delivery only occurs when the fiduciary is deemed in default, on the other hand the object of the fiduciary guarantee will be returned if the fiduciary is not in default. This transfer of ownership rights to the object of fiduciary security is intended to give the fiduciary the authority to act to sell the object of fiduciary security as well as to give preference to other creditors.
Model Pelindungan Hukum Terhadap Justice Collaborator Tindak Pidana Korupsi Di Indonesia Dwi Oktafia Ariyanti; Nita Ariyani
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.art6

Abstract

The issue in this research is the regulation of legal protection against justice collaborators of corruption in Indonesia which is not optimal, and the absence of an appropriate protection model for optimum efforts of protection for justice collaborators in handling corruption in Indonesia. This needs to be studied because the role of justice collaborator is very much needed to disclose major cases such as corruption, whereas his testimony can pose a large risk that must be borne by the justice collaborator, hence legal protection for justice collaborators is crucial. The method in this study uses a type of juridical normative research that is focused on studying the norms of positive law. This research concludes, first, the regulations regarding the protection of justice collaborators are listed in various regulations, but there are no specific, clear and firm regulations regarding protection and procedural arrangements for determining a justice collaborator. Thus an appropriate legal protection model is needed to optimize protection for justice collaborators in criminal acts of corruption in order to fill the legal vacuum. Second, the legal protection model for justice collaborators in handling corruption in Indonesia can utilise a persuasive protection model.
Hubungan Presiden dan Dewan Perwakilan Rakyat Pasca Amendemen Perspektif Teori Constitutional Retrogression Ilham Habiburohman
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.art2

Abstract

The term Constitutional Retrogression was introduced by Aziz Huq and Tom Ginsburg to identify regress of the constitution, given that the constitution is formed as a safeguard for democracy. This identification is based on three basic principles of democracy, namely, competitive elections, freedom of speech and assembly and the quality of the law. In recent years, proposals for government regulations to replace laws submitted by the President have received the blessing of the House of Representatives (DPR). Whereas in substance it is still considered problematic; such as the promulgation of Perppu No. 1 of 2017 on Social Organizations. This study uses a normative juridical method with a statutory and conceptual approach. The results of the study conclude that the relationship between the President and the DPR after the amendment to the 1945 Constitution has indicated Constitutional Retrogression, hence this study proposes several preventive measures, first, amending the regulations on the presidential threshold; second, elections in a multiparty system are held in a proportional system with an open list approach; third, the Constitutional Court must be an impartial institution to mediate between the President and the DPR, which is prone to causing arbitrariness in order to avoid abuse and regress of the constitution.
Risiko Koalisi Gemuk Dalam Sistem Presidensial Di Indonesia Idul Rishan
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.art1

Abstract

This study focuses on the risk of a fat coalition in the presidential system in Indonesia. This research aims to obtain three things. First, the reasons for the emergence of fat coalitions in the presidential system. Second, the risks that fat coalitions pose to presidential systems. Third, offer a concept to restore executive and legislative relations. The research method is a doctrinal legal research with a secondary database. The results of the study concluded: first, three things were the reasons for the formation of the fat coalition. 1) The results of amendments to the Constitution that are inconsistent with the strengthening of the presidential system. 2) Due to extreme multiparty system. 3) Due to the weak ideological basis of the party. Second, the risks posed include, among other things, compromise, unstable, and close to authoritarian temptation. Third, this study offers the purification of the presidential system through changes to the Constitution and simplification of political parties.

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