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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 974 Documents
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Persoalan Hukum Penyelesaian Hak atas Tanah dan Lingkungan Berdasarkan Perubahan Undang-Undang Minerba Wahyu Nugroho
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.art7

Abstract

Law Number 3 of 2020 on Amendments to Law Number 4 of 2009 on Mineral and Coal Mining (Law No.3 of 2020) contains substantial problems. The problems are first, regarding the settlement of land rights for problematic mineral and coal mining business activities, second, regarding the licensing mechanism and environmental supervision of mining areas after Law No. 3 of 2020. The method of thisstudy method is normative legal research with a case approach. The results of his research conclude, first, the settlement of land rights for mining by the central government will obscure the state's function as regulator and licensee; second, mining environmental permits and supervision have not been based on environmental policies, and there is no implementation of an integrated environmental monitoring system in the regions.
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.
Penyelesaian Sengketa Ekonomi Syariah Melalui Mediasi Pada Masa Pandemi di Pengadilan Agama Wilayah Yogyakarta Ani Yunita
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art10

Abstract

Sharia economic dispute resolution through mediation has many advantages, but the percentage of success in the process of sharia economic dispute resolution through mediation at the Yogyakarta Regional Religious Court is still low. Furthermore, it was speculated that a pandemic condition gives influence to the mediation implementation optimally. The research was to examine the factors to the low success rate of sharia economic dispute resolution through mediation at the Yogyakarta Regional Religious Court. This research an empirical juridical study using primary data and secondary data with a statutory approach method. Data were analyzed escriptive-qualitative analysis. The results show that the settlement of sharia economic disputes through mediation at the Yogyakarta Regional Religious Court is still low due to several factors, among others, there are not many judge mediators who have mediator certificates and sharia economic certificates, the parties are not in good faith, there is no regulation regarding the presence of the parties through remote audio-visual intermediaries on the Covid-19 pandemic and the constraints of the fast handling process in the mediation process as already regulated in Supreme Court Regulation Number 1 of 2016 (PERMA No.1 Of 2016).
Keterbukaan Informasi Sebagai Mitigasi Risiko Peer To Peer Lending (Perbandingan Antara Indonesia Dan Amerika Serikat) Inda Rahadiyan; Nikmah Mentari
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art5

Abstract

The development of peer to peer lending (P2PL) in Indonesia will always be followed by the formation of the latest regulations. However, the existing regulations do not sufficiently regulate the disclosure of information. On the other hand, in the United States as the country with the largest P2PL, information disclosure is a major part in the implementation of P2PL. The approaches used in this research are a conceptual approach, a statutory approach, and a comparative law approach. The results conclude that obtained are that the regulation regarding P2PL does have an obligation to disclose information, but the regulation is not comprehensive because it is exclusive and limited. In fact, the disclosure of information can be a part of risk mitigation in P2PL, for example, minimizing the risk of problem loans. Meanwhile, in the United States, through the Security Exchange Commission (SEC) and the Consumer Financial Protection Bureau (CFPB), detailed and periodic information disclosure is available. So that both prospective borrowers and potential lenders can consider the risks and capabilities of each party more before making transactions in P2PL. This then can be one of the risk mitigation for P2PL in the United States.
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.
Integrasi Antara Komisi Pengawas Persaingan Usaha Dan Penyidik Kepolisian Dalam Penegakan Hukum Persaingan Usaha Sukarmi Sukarmi
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art6

Abstract

The handling of unfair business competition cases by the Business Competition Supervisory Commission (KPPU) cannot run alone without the help and support of other law enforcement agencies, one of which is the Police Investigator. Its support is related to the summoning of the reported, witnesses and expert witnesses, collection of evidence and examinations that contain elements of competition law crimes as mandated by Law Number 5 of 1999. The issues examined in this research are, first, what is the role played by police investigators. in the enforcement of business competition law, has it been integrated with KPPU? second, how is the integration between KPPU and police investigators in enforcing business competition law? This is a normative legal research with a statutory approach and a case approach. The results of the study conclude that the role of Police Investigators in enforcing business competition law begins during the investigation and examination process. KPPU requests assistance to present the reported, witnesses, expert witnesses as well as anyone involved in business competition cases. Then after a decision is issued by the KPPU that has not been filed for objection, the investigator can follow up if it contains a criminal aspect. The integration between the KPPU and the Police Investigators of the Republic of Indonesia is manifested in the form of a Memorandum of Understanding which is then followed up with a cooperation to form a Working Group between KPPU and Police Investigators in handling business competition cases.
Prospek Relasi Dewan Perwakilan Daerah Dengan Partai Politik Bagir Manan; Indra Perwira; Mei Susanto
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 2: MEI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss2.art1

Abstract

This article analyzes the relationship between the Regional Representative Council (DPD) and political parties that are often confronted diametrically. The questions presented, what is the historical factor for the formation of the DPD and the comparison of the practices of several countries in relation to regional representative bodies and political parties? What are the prospects for the relationship between the DPD and political parties in the future? This article aims to provide a different perspective on the relationship between the DPD and political parties from the historical, comparative and conception point of regional representation bodies. Through the socio-legal method, it was concluded that, first, historically the formation of the DPD was designed to be filled by individuals, not political parties. However, the practice of some countries shows that regional representative bodies generally cannot be separated from political parties. The lesson is that separating the DPD and political parties "strictly" can be said to always be violated because it is not in accordance with the natural conditions of filling the DPD directly by the people, who are influenced by the strength of the network and political parties. Second, whether or not there are political party affiliations in the DPD will not have a significant impact due to the limited authority of the DPD, so what is needed is the granting of significant DPD authority in the legislative process and supervision through the bicameral model. Thus, the prospect of the relationship between the DPD and political parties in the future can contribute to each other according to the DPD's already significant authority while still providing space for individuals
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.

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