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Jurnal IUS (Kajian Hukum dan Keadilan)

IUS
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Published by Universitas Mataram

ISSN : 23033827 EISSN : 2477815X DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded by a group of young lecturers who had a passion to spread their ideas, thoughts and expertise concerning law. Jurnal IUS focuses on publishing research about law reviews from law students, lecturers and other activists on various topics. As an academic centre, we organize regular discussions around various selected topics twice a month. Topics of interest: the battle of legal paradigm legal pluralism law and power

Arjuna Subject : -

Articles 612 Documents

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KONSTRUKSI PERLINDUNGAN HUKUM BAGI PENGADU/PELAPOR KERUGIAN KONSUMEN DARI TUNTUTAN PENCEMARAN NAMA BAIK OLEH PELAKU USAHA/PRODUSEN Zuhairi, Ahmad
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

Now, many consumer who report bed business practices that lost consumer are sued back by businessman. These we can see in the case Dewi Prita Mulyasari, Fery Kuntoro, Fifi Tanang and so on. The accident made a traumatic to consumer who report. It is the problem in consumer protection in Indonesia. That why, this writing try to study implication of law because there is no macanism of law protection to reporter consumer and how to make a rule which give guaranty protection of law to reporter consumer. Purpose of this research is to give a solution in dilemma revenge action from businessman and to encourage honest and responsible business practice atmosfer. This research is normative research with statute approach, conceptual approach and comapartive approach. Implication of nothing rule in national act concerning to protection of law for reporter consumer is businessman can sue consumer with aspersion, inconsistent protection of law for consumer and created much cosumer crime. Thus, construction of law which give protection of law for reporte consumer from aspersion is nomativly there is rule which give imunity for reporter lost consumer from aspersion until there is judgment decision. In application, there is rule which give a policemen reject sue aspersion before judgment decision. Key word; Protection of law, reporter consumer, aspersion

THE POSITION OF VICE MINISTER AND THE IMPLICATION THEREOF ON INDONESIAâS CONSTITUTIONAL LAW SH, Rusnan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

According to article 17 (2) of the Constitution of Republic of Indonesia: âministries are appointed and dismissed by Presidentâ, the appointment of a minister is presidentâs authority. Based on this article, the appointment of a vice ministry then will be a part of presidentâs authority as well. Hence, it is necessary to stress that the appointment of vise minister is not contrary to the constitution. In relation with the legal stand of vise minister, article explanation 10 of Law No 30 of 2008 stipulates: âvise minister is career official and not cabinet memberâ. In its decision, constitutional court considers that such article explanation is not conformed to the article 9 (1) of Law No 30 of 2008, because the latest article explains that the ministerial structure consists of:Â minister, leading assistance i.e., general secretary, the primary task executor, i.e. general directory, inspector, i.e. general inspektorat, back-up task i.e. central and local agent as well as the primary task executor at local level and, or, abroad by deputy in accordance with the regulations. If the vise minister appointed as a career official then he/she no longer has any position, and thatâs not conformed to the ministerial structure, that is also incompatible with article 9 of Law No 39 of 2008. This fact brings about the legal uncertainty and itâs contradicted to article 28D (1) of the Constitution of Republic of Indonesia.Â According to constitutional court decision No. 79/PUU-IX/2011, its fulfills a part of the pleaderâs request on judicial review to article 10 Law No 39 of 2008 on state ministries by nullifying the explanation of the such article because it contrasts to the constitution and hasnât any legal force. In its decision, constitution court also instructs president to amend the old presidential decision in order that itâs conformed to executive authority and does not bring about legal uncertainty.Keywords: The Vice Ministerâs , Legal Standing, Constitutional Court Decision

CONSUMER PROTECTION IN THE PERSPECTIVE OF ISLAMIC LAW AND LAW NUMBER 8 OF 1999 SH, Nurhalis,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

In Islamic Law, principles of consumer protection has been done since Muhammad SAW was appointed as a Rasul. In Indonesia, there is special law that regulate about consumer protection called Law Number 8 Year 1999 on Consumer Protection. The writer was interested to analyze about âConsumer Protection on the Perspective of Islamic Law and Indonesian Law (Law Number 8 Year 1999)â because of majority of Indonesia citizens are moslems. The problem on this thesis is how the protection to the consumer based on Islamic Law and Law Number 8 Year 1999. After conducting research which used conceptual approach, statute approach and comparative approach and six supporting theories are maqashid al syariâah, mashlahah, legal protection, comparative law, utilitarianism and social responsibility. Writer can concluded that Islamic Law give protection to the consumer in order to create a prosperous society. In giving protection to consumer, Islamic Law and Law Number 8 Year 1999 have many similarities eventough in principle matters there is many differencess, because in giving consumer protection, Islamic Law more emphasis on religiosity value with not put aside of social value, while Law Number 8 Year 1999 more emphasis on social and humanity value. Keywords : Consumer Protection, Islamic Law, Law on Consumer Protection

THE EXECUTORIAL FORCE OF RULING OF ADMINISTRATIVE COURT AND THE IMPLICATIONS IN PRACTICE Gatot Dwi Hendro Wibowo, Firzhal Arzhi Jiwantara &
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

This thesis entitled force executorial administrative court ruling and the implications in practice, discusses the mechanism of execution of the decision of the Administrative Court, the obstacles in the process of execution of the decision of the Administrative Court and the efforts that are made to the administrative court ruling that is not carried by the official / TUN Agency . This type of research is normative and assisted legal research / materials reinforced with empirical law in order to simplify and refine the analysis . The approach used is legislation approach , conceptual approach , approach cases , comparative approach . So that research results can be drawn that the mechanism of execution of court decisions TUN namely : Decision inkracht , after 60 working days the defendant did not perform its obligations , the decision has no legal force again and turns 90 working days of the obligation is not performed , the plaintiff filed a petition to the President of the Court order the court ordered defendant to implement the decision of the court , the defendant is not willing to implement the decision inkracht forceful measures imposed in the form of payment of a sum of money and forced or administrative sanctions and announced in local print media by him, since non-compliance of the court and the chairman shall submit to the President as the highest authority for TUN ordered officials to implement the courtâs decision . So there was a bottleneck in the execution of the ruling Justice TUN namely : Verdict Amar , execution barriers TUN official verdict is due to the position of Regional Chief Political Officer , execution barriers TUN official verdict caused the accused are officials who received the delegation of authority false , barriers of understanding TUN officials the State âs theory of law and AAUPB , technical barriers , barriers juridical ; Barriers related to legal principles , barriers in terms of the limited authority of judges , Barriers due to changes in the system of regional autonomy , Barriers due to noncompliance TUN officials and effort to do the administrative court ruling are not carried by the official / TUN Agency as criminal Attempts by the police to file a criminal report with the basic law 216 of the Criminal Code and civil efforts filed a lawsuit in state court using Article 1365 of the Civil Code as the basis for a lawsuit .Keywords : executorial power , Mechanisms , Barriers and Efforts .

NEGLECT OF CONSTITUTIONAL RIGHTS FROM THE PERSPECTIVE OF JUSTICE Wahab, Oki Hajiansyah
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The constitution has clearly provided legal protection toward rights of citizen. Constitutionalism regime contains the idea of power restriction and secures civil rights through constitution. Nevertheless, some places in which agrarian conflicts occur, the ignorance of civil rights seem to be prominent. People living in the forest area of register 45 Mesuji Lampung is the picture of people who, for more than twelve years, are missing their constitutional rights. Local government does not recognize them as resident just because they occupy forest area which its management is delegated to private party. The critical legal studies perspective is constantly examining legal performance with the authority behind the law and the power within a community. Critical legal theory is focusing on the importance of a legal study which not only criticizes the substance of rule but also takes the whole aspect of social life and law into account. Â Keywords: Agrarian Conflict, Ignorance, Constitutional Rights, Citizen.

IMPLICATIONS OF THE RIGHT FOR UNITY OF CUSTOMARY LAW COMMUNITIES IN THE MANAGEMENT OF FOREST AREA LAND IN THE REGENCY OF NORTH LOMBOK (STUDY OF LAW NO. 41 YEAR 1999 CONCERNING FORESTRY) SH, Mawardi,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Jurnal IUS

In case the concept of ârightâ is perceived in an opposite view by the Adat Law community and the country, then every regulation concerning right will be accepted in a different way too. Meanwhile âregulationâ is in the field of the country authority where the Adat Law community forced to obey their regulations. In Law Number 41 concerning Forestry regulated that an Adat Law community has not entitled to manage forestry land as far as their existence has not recognized by the state although the Adat Law community has made a claim that management on forestry land was part of their congenital right and right on their ancestors root that they already have even before the declaration of Indonesiaâs independence. Therefore, its implication caused conflict between the Adat Law community against the state / government keep on growing. The community continues managing the forest as their ancestorâs cultural basic while the state keep forcing their regulation on Adat Law community. In the end the number of violation against regulation of the management of forest resource keep on increasing, hence the forests are no longer a source of public welfare but oppositely has become a source of disaster for the Adat Law community. In this case the solution would be âthe harmonyâ and âbalanceâ of the stateâs regulation on the Adat Law community. Keywords: Right, Forest Management, Law Enforcement.

THE LEGAL PROTECTION OF COMMUNITY RIGHTS IN AREA SPATIAL PLANNING OF MATARAM CITY BASE ON THE LOCAL REGULATION NUMBER 12 YEAR 2011 ,SH, Arba
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

This research aims to revile, analyze and comprehend the policy of the Spatial Plan in terms of the normative aspect, especially to analyze the legal protection of rights and community participation. This research will be conducted to analyze as normative the policies and strategies of spatial use patterns of Mataram City base on the Local Regulation of RTRW Number 12 Year 2011, and to analyze the legal protection and alignment to peopleâs rights as one of the stakeholders. This research is normative research, so the main approach method that used is normative approach, consist of the legislation approach (statute approach), conceptual approach), analytical approach, and historical approach. The results of research after analyzed as normative and qualitative, shows that conceptually the rights of individuals and communities have regulated and protected by the State Constitution, is the 1945 Constitution and the various legislations, particularly those regulation of Spatial Planning (Act Number 26 Year 2007, Government Regulation Number 15 Year 2010 and Government Regulation Number 68 Year 2010). In addition, base The Acts Number 12 Year 2011 on the Establishment of Legislation that every establishment of legislation should involve the community. As well as the Local Regulation of Spatial Plan Number 12 Year 2011 has regulated and protected clearly the rights and obligations of the community, but the community involvement in making RTRW is limited public consultation only. Though the forms of public participation base on the Acts and Government Regulations is not only a public consultation but the participation in preparing and planning the space regulation. Therefore, the Government of Mataram City in order to provide the legal protection of community rights as one of the stakeholders well, then after five years of enactment of Regulation, shall conduct a review, and public participation should be prioritized.Keyword : Policy, People Right, Special planing

CONCEPT OF RESTORATIVE JUSTICE IN THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF 2012 CONCERNING CHILDRENS CRIMINAL COURT SYSTEM Sari Lukman, Dwi Ratna Kamala
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Child is an integral part of human survival and the survival of a nation. The strategic role ofchildren is explicitly stated as those mentioned as the statement that the state guarantees theright of every child to live, grow and develop, and to be protected from violence and discrimination, therefore the best treatment for them should be considered as the best treatment all mankind. Imprisonment provided through the formal criminal justice system does not effectively deter child criminals. That even made the growth and development as well as psychological state of the child be disturbed by the sanctions. Therefore, it is necessary to reform the criminal justice system by applying the concept of restorative justice which, in solving the problem, involve the perpetrators, victims, families perpetrator/victim and other relevant parties to work together to find a fair settlement with emphasis on restoring back to its original state and not retaliation. Philosophical consideration should be based on the best treatment for children, and juridical basis to achieve legal certainty with settings based on justice and expediency to ensure child protection. Diversion is the diversion to remove the criminal justice process into the outside of the criminal justice process. So in any investigation law enforcer shall seek diversion through the application of restorative justice. Diversion mechanism starts from the later stages of investigation and subsequent prosecution and in the trial.Keywords: Children, Restorative Justice and Diversion.

AUTHORITY OF THE HOUSE OF REPRESENTATIVES IN THE STATE SYSTEM REPUBLIC OF INDONESIA UNDER THE CONSTITUTION OF THE REPUBLIC OF INDONESIA YEAR 1945 Rosidi, Ahmad
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

The purpose of the establishment of the DPD is philosophically driven more by the interests of the colouring of national government policy to provide new space for the benefit of local communities. Definition of the area here is certainly not an area, but geo-cultural area in the frame that compoundIn this study described some problem formulation, among others; How Politics Law Establishment of the Regional Representative Council in the state system in Indonesia, how the position of Regional Representative Council in the formulation of Law, How Concept notch setting functions in the formation of the Regional Representatives Council Act forward. Study is a normative legal research, approach used is statutory approach, conceptual approach, doctrinal approach. Techniques of collecting legal material accordance with the use of secondary materials in this study, the collection done by gathering, assessing, and treating systematically library materials and documents related. Secondary data concerning the primary legal materials, secondary and tertiary derived from library materials, with due regard to the principle of the update. The data is compiled systematically, in order to obtain a relatively complete picture of the qualitative classification. Based on the results of this study suggested that, in the field of legislative regulation of the authority of the Regional Representative Council as stipulated by Article 22 D Paragraph (1) and (2) of the Constitution of the Republic of Indonesia in 1945 contrary to the desired status and condition of the formation of the Council Regional Representative, then the arrangement of authority in the field of the legislation need to be changed to conform to the status and conditions of the Regional Representative Council which is the regional representative institutions. And As a concrete step of setting an ideal to the existence and position of the Regional Representative Council, it is necessary to do the changes to the provisions of Article 22 D Paragraph (1) and (2) of the Constitution of the Republic of Indonesia in 1945, by the Peopleâs Consultative be authorized to change and establish the Constitution.Key wordÂ : Authority Of The House Of Representatives, State System Republic Of Indonesia

IS THE LAW (POSSIBLY) DEAD OR CAN IT BE KILLED? OR HAS THE STATE FAILED/HAS IT BEEN ABSENT? Moeliono, Tristam Pascal
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Jurnal IUS

Law is impossible to die, even if we can strangle it until limp. This questions appeared the possibility of killing the law by tracing the ideas about the law and the state that appears in the passage of time. What emerges is that the order or disorder always presupposes the emergence of law. Although it does not indicate whether the law appear fair or not. The fact is that people need a law although not necessarily requiring the State. Problems faced by Indonesia is now possible to be considered not as a matter of law, but the inability of the StateÂ to present itself as something that is needed by the community.Keywords : Community, Emergence ofÂ Law, Fairness

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