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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 14 Documents

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Search results for , issue " Vol 2, No 6 (2014): PLURALISME HUKUM" : 14 Documents clear

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.

PLURALITY OF SHARIAH BANKING DISPUTE SETTLEMENT METHOD IN INDONESIA ,SH, Fatahullah
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Shariah banking is a business institution that conducts intermediary function or an agentbetween capital/money-owner and customers requiring capital for financing activities. In theimplementation of that function, potential conflict or dispute with the customer may occur andto overcome such dispute, a set of settlement method is required. The Article 55 of Law Number 21 of 2008 concerning Shariah Banking provides options for dispute settlement namely litigation or religious court and extrajudicial (non-litigation) based on the agreement of both parties. The settlement via the religious court is authorized by the law and set forth under Article 49 of Law Number 3 of 2006 concerning the absolute authority of the religious court to investigate, decide and settle Shariah Banking dispute. Whereas, non-litigation method is also regulated in Law Number 30 of 1999 concerning Arbitration and Dispute Settlement Alternatives whose rulings are final and binding. This model of settlement may be carried out through Deliberation, Banking Mediation or the National Shariah Arbitration Body depending on the contract and agreement entered into by both parties. Principally, religious court does not hold the authority to investigate any case that contain arbitration clause. However, the absolute authority will apply when the parties request it through their actual appearance before the court that it automatically nullifies the arbitration clause.Keywords: Shariah Banking, Dispute, Litigation, Religious Court and Non-Litigation

THE DISCRETION OF THE POLICE TO ALLEVIATE THE ACT OF ANARCHY IN THE SOCIETY Rudiantoro, Joko
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Indonesian Police is a state apparatus that plays a role to maintain public security and order,to enforce the law and to provide protection, assistance, and service to the community in termsof maintaining internal security in accordance with the Article 5 of Act No. 2 of 2002 on thepolice. Police discretion is an authority given to the police, to take decisions in certain situationsthat require separate consideration and a matter of moral and located within the boundariesbetween law and morals. Benchmark for police officers to use discretionary authority in dealingwith anarchy in society, is based on statute approach through conceptual approach which isbased on (Case Approach) in the field, such as the emergency condition, for the sake of publicinterest, in terms of self-defending or defending others, and in terms of defending slef-respect orown property.Keywords : Police, Discretion

MEASURING THE DEMOCRATIZATION DEGREE ACCORDING TO LAW NUMBER 42 OF 2008 CONCERNING GENERAL ELECTION OF THE PRESIDENT AND VICE PRESIDENT Putra Wijaya, I Dewa Made
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

This research aims to study the consistency of the Act No 42 of 2008 concerning the generalelection on president and vice president related to the principles of democracy as stipulated inthe constitution of Indonesian republic of 1945. This research uses statutory and conceptualapproaches. The object of the research is the policy of the general election on president and vicepresident. While the subject of it are the parliament and government as legislator. The legalmaterial of the research consists of regulations, books, papers and other supporting literaturewhich will be analyzed through normative-deductive approach. The research discovers that ,firstly the preamble and its main content of the constitution of Indonesian republic of 1945 haveshown the people sovereignty , democratic principle and recognition of human rights; secondly the Act No 42 of 2008 which become the implementing rules of the general election on president and vice president is less consistent to the spirit of the constitution of Indonesian republic of 1945. The policies of the presidential threshold dan the implementation mechanism of the phased general election have reduced the democratic principles on freedom, equality, justice and accountability.Keywords: democratic principles, the general election on president and vice president

EXISTENCE OF MARRIAGE IN THE SASAK TRIBE IN LOMBOK (MERARIQ) WITHIN THE ESTUARY OF LEGAL PLURALISM Lukman, Wahyuddin
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Man is basically a creature of God who has relation (through worship) to God (fardhu aâin)and relation to other creatures as social beings (fard kifayah). This dual relationship will asconsequence make a various instruments of what-the-so-called Legal Pluralism. The LegalPluralism in human life is a bind positioning the human to commit with what are containedin each instrument, even though the instruments are mostly abstract and are only dialecticalsymbols that have a strong energy leading the physical nd spiritual side of human to obey theGod and to do anything on behalf of the âtheological and Social Faithâ in order to obtain thephysical and spiritual peace. To achieve those needs , human his life as a creature implementthe legal pluralism, which is believed to serve as an investment in order that his dual function ofcreation remain maintained and qualified. The instance of this is the implementation of legalpluralism in the procession of âMerariqâ (Marriage) in indigenous people the Lombok Sasaktribe. In that procession, three laws are implemented; religious teaching, traditional law, andState law all of which are integratedly applied in the process (3 in 1).Keywords : Existence, Legal Pluralism, Merariq

JURIDICAL REVIEW ON COMMUNITY ROLE IN SPATIAL PLANNING IN EAST LOMBOK REGENCY AsyÃ¢Â€Â™ari, Muh.
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Regulations related to spatial planning of modern city in Indonesia can be seen when Jayakarta,later named Batavia was controlled by the Dutch in the early 7th century. The regulationswere then developed intensively in the early 20th century in view that spatial planning relatesto all aspects of life so that it is necessary for the people to gain access to the spatial planningprocess because the basic concept of spatial planning is stated in paragraph 4 of UUD 1945 andcommunity participation in spatial planning is regulated in Law No. 26 of 2007 concerningSpatial Planning. It is also regulated under government regulation No. 15 of 2010 concerningPublic Participation in Spatial Planning. To direct the development in East Lombok Regencyby utilizing the area efficiently, effectively, harmoniously, proportionally and sustainablyin order to create an equitable East Lombok society, a spatial plan should be developed. Theimplementation of spatial planning includes spatial planning process, space utilization andspace control as a manifestation of the long-term development plan of East Lombok Regency.Keywords : Spatial Planning and Community Role

STATUS OF VILLAGE-OWNED LAND TRANSFER INTO THE DISTRICT GOVERNMENT ASSETS IN KINTAMANI BANGLI BALI Rumiartha, I Nyoman Prabu Buana
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

The objective of the study is to determine the legal status, and factors inhibiting the transferof the villaged-owned land into the asset status of the Local Government in the sub-district ofKintamani Bangli Bali. This research employs empirical research method. The result of thestudy: the legal status of village-owned land transfer into local government assets based on the regulation for the village-owned land. The legal status of land comes from the customary law, while the land transfer regulation relates the stateâs right to control the land for the purpose of public interest. The process of the village-owned land transfer into government assets seems to be based on the right to control the land for the purpose of public interest and the regional autonomy administration and decentralization.The provisions described in Article 2 paragraph (4) of Agrarian Law states that the stateâs right to control can be delegated to the region and the customary community as required and is not in contradiction with the national interest, in accordance with the Government Regulation. The regulation serves as the basis for customary land administration. The factor hampering the transfer of village-owned land is the absence of legal product for land transfer and in this case is the absence of regional regulation. The external factor is that the land is the primary option for tourism development thus the legal certainty for its transfer has yet to exist..Keywords: Legal Status, Village-owned Land , & Local Government Asset.

LAND POSSESSION RIGHTS AND ITS AFFAIR Suwitra, I Made
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Land right control under customary law that was communal religious in nature tend to control insecular individual manner despite being controlled by the customary law. Land right registrationis motivated more by intention to transfer the land right. These two conditions may result inconflict and affect the conflict settlement. The land right registration in the context of AgrarianLaw can unintentionally result in conflict due to ignorance of the process in the customary law,or the land right is controlled using the ownership pattern as of Agrarian Law context. Thesettlement of such conflict can be done through non-litigation or litigation manner, but litigationis preferred since it is considered to give legal certainty.Key word: Land Tenure, Conflict Implication

PRINCIPLE MEDIATION OF DOMESTIC VIOLENCE AS CRIMINAL ACT Wijaya, Sandy Ari
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Penal mediation is a process of extra judicial settlement for criminal case. The application ofpenal mediation on criminal law is to give the justice and protection to the victims of which it isnot accommodate by legality aspect in Indonesia criminal law. The existence of penal mediationprinciple with legal certainty affect the domestic violence (KDRT). The inconsistence continueswhen the penal mediation process relevance is applied to serious domestic violence that violate thehuman rights. The legality principle and human rights must be aligned with the penal mediationprinciple associated with domestic violence (KDRT) to reach ideal justice in the substance ofvictim protection in the domestic violence law, and in general the alignment of the new substancein Indonesian Criminal Code (KUHP) to protect the values and spirit of Indonesian country.Key word: penal mediation principle, legality, domestic violence ( KDRT), HumanRights

CONSTITUTIONAL AND LEGAL RECOGNITION OVER TRADITIONAL ADAT COMMUNITY WITHIN THE MULTICULTURAL COUNTRY OF INDONESIA : IS IT A GENUINE OR PSEUDO RECOGNITION? Nurjaya, I Nyoman
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Indonesia is well known as a multicultural country in Southeast Asia in term of its ethnic,religion, racial and social stratification. It is Unity in Diversity, which is reflected in the officialmotto of the State to describe the social and cultural diversity of Indonesia. The diversity refers to a cultural configuration which reflects the National identity of Indonesia, containing cultural capital and cultural power. However, cultural diversity yields conflict that could potentially generate social disintegration due to inter-ethnic and inter-religious disputes that may result in the disintegration of Indonesia as a Nation State. In the eyes of legal anthropologists, sources of conflicts are based on discriminatory policies expressed within Stateâs law and legislations in line to the recognition and protection the existence of local communities, namely traditional adat communities spread out in the region. Thus, State laws enacted and enforced by the Government tend to dominate and marginalize as well as ignore the rights of the local communities particularly over access and control natural resources they based on customary adat law in the region. The paper attempts to offer an answer to the fundamental question whether the 1945 Constitution recognise and protect the traditional communities and their customary adat law by employing a legal anthropological approach with the purpose of obtaining a better understanding regarding the development of State lawin a multicultural Nation toward a more just and equitable State law of Indonesia.Keywords : Multicultural, Unity in Diversity, Conflict, Anthropological Approach

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