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Jurnal IUS (Kajian Hukum dan Keadilan)
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
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Articles 13 Documents
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Search results for , issue " Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA" : 13 Documents clear
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.247 KB) | DOI: 10.12345/ius.v3i8.213

Abstract

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 People’s Consultative be authorized to change and establish the Constitution.Key word  : Authority Of The House Of Representatives, State System Republic Of Indonesia
LAND REDISTRIBUTION OF THE OBJECT LANDREFORM IN SUPPORT PROGRAM REFORMA AGRARIAAGRARIAN REFORM PROGRAMME IN THE DISTRICT SUMBAWA SH, Sapriadi,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (260.238 KB) | DOI: 10.12345/ius.v3i8.218

Abstract

This study aimed is to analyze the State Land Redistribution of land reform places in Sumbawa. Legal issues that arose in this research are How will is the regulation of  landreform in Indonesia in accordance with the Basic Agrarian Law No. 5 of 1960 and Law No. 56 Year 1960 jo Government Regulation No. 224 of 1961, whether the Act is still relevant implemented and how its implementation in the field today. This study is a normative legal empirical research based on the consideration that it originated from the analysis of the implementation of the redistribution of land by the Government (BPN) in Sumbawa where land reform is made the object belongs to the people themselves who ruled for a long time and worked hereditary. The approaches used are statue approach of legislation, conceptual approaches, analytical approach and the approach sociological approach. The legal materials Data analysed with techniques and legal materials in a systematic way in which the data that have been collected are then analyzed by qualitatively descriptive way to explain, describe, and analyzed existing data on the implementation of land redistribution and land reform object associated with the study of literature that consists of data in the form of documents that have been collected. Based on the results of this study concluded, that the setting of land reform in Indonesia is quite adequate, but the implementation of the program turned out to be having some problems. Basically these obstacles are political, especially relating to the situation of political life, as it also in the New Order era a change-oriented development strategy on growth development. In this case even though the provisions of the land reform is still valid but the implementation has not correspond to the actual desired, besides the vague legal norms in interpreting the regulations implementing land redistribution of object land reform because the mechanisms and procedures in defining lands  made the object of reform is not appropriate with Government Regulation Number 224 in 1961. Thus the object of state land redistribution reform in Sumbawa ineffective in practice. practice ineffectivelyKeywords: Land reform is land for farmers.
SETTLEMENT OF DISPUTES THROUGH MEDIATION OF BANKING Amelia Kandisa2, Luh Putu Vera Astri Pujyanti1
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (225.887 KB) | DOI: 10.12345/ius.v3i8.209

Abstract

The purpose and goal of this research  is to analyze the  banking dispute resolution procedures  between the Bank  and the Customer by the Institute  for Mediation and Court Banking.  The results of the study suggest  if there is a dispute between the customer and the bank, the banking mediation is an option that is very effective, because in addition to greatly shorten the time was  also the result of mediation can be executed by both parties to the dispute. Obtained agreement from the mediation process set out in a deed agreement, which shall be final and binding on the customer and the  bank. Is defined as final, the dispute can not be asked to do the re mediation process mediation executive function , and is intended to bind the agreement applies as Legislation.  However, if the tow sides do not agree and can not find a good meeting point between the customer and the bank, the parties may file a degree of mediation court.Keywords :  Dispute resolution, Mediation,  Banking
THE SHIPPER’S LIABILITY UNDER THE REGULATION OF THE TRANSPORTATION MINISTER NO. 77 OF 2011 CONCERNING THE SHIPPER’S LIABILITY OF THE AIR FREIGHT Adriani, Rhirien
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (239.314 KB) | DOI: 10.12345/ius.v3i8.214

Abstract

Air transportation is one of the most desirable transportation because it offers various facilities and it takes relatively short time. In the fact, air freight deal with some obstacles for instances delays and/or cancellations. This, of course, is very detrimental to the passengers as the user of the air freight. In the transportation law, there are three kinds of liability principles, i.e. fault liability, presumption liability and strict liability. The implementation of the liability under the regulation of the transportation minister sets about compensation to passengers. The implementation of liability for flight delays and cancellations at Sultan Salahuddin Bima Airport has not been done maximally. The Weather and operational techniques are causative factor for the delays and cancellations. The regulation of the transportation minister provides set of rules which ensure justice for passengers of air transportation with strict liability principles.Keywords: liability, flight delays, flight cancellations
PRINCIPLES OF JUSTICE IN LAND ACQUISITION GRANT OF COMPENSATION FOR PUBLIC INTEREST (CASE STUDY IN THE CITY highway widening Praya Central Lombok) Zarkasih, Hery
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (313.219 KB) | DOI: 10.12345/ius.v3i8.219

Abstract

Process of the implementation of compensation for land acquisition for public purposes in the town of Praya carried out under the provisions of Law No. 2 of 2012 on Land Procurement for Development for Public Interest starts from the stage of assessment, the results of the assessment became the basis of the implementation of the deliberations in the determination of damages and villages Prapen Panjisari, When viewed from perspektif justice John Rawls, then compensation in the procurement of land in the town of Praya including unfair, John Rawls suggests an element of substantive justice and procedural fairness element. Some of the obstacles in the indemnity is a dispute between the owner of the land affected by the widening of the road by the old owners. The government’s efforts is through deliberation to find the best solution. Keywords: Justice, Compensation, Land Acquisition
AUTHORITY OF THE HEAD OF PUBLISHING BUSINESS ESTATES LICENSES IN FOREST ADAT ,SH, Dianto
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.346 KB) | DOI: 10.12345/ius.v3i8.210

Abstract

The purpose of this study is to analyze the relevant authority issuing permits Regional Head plantations in indigenous forest, plantation business licensing mechanism based on the laws and regulations in the jurisdiction Indonesia konsekwensi plantation business license issued by the regional heads of indigenous forest after the Constitutional Court decision No. 35 / PUU-X / 2012. This research is normative approach method legislation, Second and third approach is the concept of case-based approach. This study has also found that there was no  recruitments authority to issue licenses to the head area of forest plantations in custom, there is no regulation regarding the release of forest land to indigenous forest plantation and land use juridical consequences every plantation business license issued not by the decision of the Constitutional Court No. 35 / PUU-X / 2012 is null.Keywords: Authority, licenses, customs Forest
EXISTENCE OF LAND PECATU IN EAST LOMBOK (Case Study In the village Sukadana district. Terara in East Lombok) Amelia, Mirza
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (283.799 KB) | DOI: 10.12345/ius.v3i8.215

Abstract

Soil is a natural resource that is essential for human life, for the country has provided a firm foundation as stipulated in article 33 paragraph (3) of the 1945 Constitution, on the basis of the provisions that it gives birth to Act No. 5 of 1950 the Act was not complete calls on Pecatu ground, but can be categorized as customary rights because it is still governed by customary law provisions. Besides, the recognition of land Pecatu in the UUPA must meet two requirements, namely the existence and implementation along by the fact still exist in an area. It’s function is intended as a revenue village chief and other officials.Keywords: Existence, Land Pencatu, UUPA.
THE COMPETENCE OF HONORARY BOARD OF THE GENERAL ELECTIONS TO AMEND THE DECISION OF THE GENERAL ELECTION COMMISSION OF THE PROVINCE OF EAST JAVA (A Case Study on the Decision NO. 74/DKPP-PKE-II/2013) Sekartadi, Lalu Kukuh
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.719 KB) | DOI: 10.12345/ius.v3i8.220

Abstract

The research aims to study the standing of the Honorary Board of The General Elections within the execution of the general election and the legal force of the decision of the Honorary Board of The General Elections to revise and annul the decision of the Honorary Board of The General Elections of the Province of East Java. This is a normative research. It applies statutory, conceptual and case approach. It also uses primary, secondary and tertiary legal materials. To collect legal materials, it employs literature study and furthermore is organized descriptively and analyzed qualitatively. The research shows that the standing of the Honorary Board of The General Elections parallel with the general elections commission and supervision board of general election, where the general elections commission and supervision board of general election are the executor of general elections, and the Honorary Board of The General Elections is assigned to enforce the code of conduct of the executors of general elections themselves. The legal force of decision of the Honorary Board of The General Elections is binding and executable and therefore there is no legal remedy can be taken by the party found guilty of disobeying code of conduct. Yet, in the other hand, control and clear rules in other that the Honorary Board of The General Elections can perform its duties in accordance with its function and authority consistently. Keywords: the Honorary Board of The General Elections, the General Elections Commission, the Supervision Board of General Elections.
THE STATUS AND FUNCTION OF THE PROVINCIAL WAGE COUNCILS IN THE ARRANGEMENT OF THE PROVINCIAL MINIMUM WAGE IN THE PROVINCE OF WEST NUSA TENGGARA Nugrahayu, Zainun Zakiya
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.839 KB) | DOI: 10.12345/ius.v3i8.211

Abstract

This research intends to study the status and function of the provincial wage councils in the arrangement of the provincial minimum wage. This research uses both statutory and conceptual approach. The object of it is the regulation of the arrangement of provincial minimum wage. The resources of the research are statutes, books, papers and other supporting references which deductively and normatively analyzed. The result of the research shows the followings: firstly, the arrangement of the provincial minimum wage complies with the provisions stipulated in the Labor Act, even though specific government regulation on this matter has not been released yet.; Secondly, the provincial wage councils of the province of West Nusa Tenggara plays important role as agency technical functionary giving governor advice and consideration before he decides the provincial minimum wage. Yet, the recommendation given by the provincial wage councils has not any binding power or legal power in the arrangement of provincial minimum wage. The provincial wage council has not also coordinative authority with the wage councils at different level.Key words: the provincial minimum wage, the provincial wage councils.
Liability of the Head of the Village in the Village financial management according to Law number 6 of 2014 concerning Village Supriadi, Edy
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.931 KB) | DOI: 10.12345/ius.v3i8.216

Abstract

This research aimed to analyze the regulation of the Village financial management, the mechanism and procedure of the Village financial management and the liability of the head of the Village in the Village financial management according to Law number 6 of 2014 concerning Village. Type of this research is normative legal research, using statutes, conceptual and case approaching method. This research concludes that the head of the Village posses a wide authority as the budget user power which may cause deviation of the Village financial utilization. Hence, the head of the Village requires acknowledgement of the Village Deliberation Body in the financial management supervision yet in the Village financial allocation. Keywords: Liability, Village financial

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