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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

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Articles 13 Documents

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Search results for , issue " Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA" : 13 Documents clear

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

DEFAMATION UNDER THE LAW NUMBER 11 OF 2008 ON INFORMATION AND ELECTRONIC TRANSACTION Ramadhan, Anna Rahmania
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

In Indonesiaâs criminal law act, a deed of defamation also called as an insolence or sacrilege toward a person. According to Article 27 Paragraph (3) Law Number 11 of 2008 concerning Electronic information and transaction (EIT), the acts of defamation includes distribution, transmission and production of accessible electronic information. Article 27 Paragraph (3) of EIT law was implemented on defamation case which conducted by Prita Mulyasari where she was pleaded innocence by board of judges. Whereas in another similar case the defendant namely Farah, was already meet the substance of Article 17 Paragraph (3) of EIT law yet sued by Article 310 and 311 of Criminal Law Act by prosecutor in the trial. Therefore, there were indications of law miss-implementation in similar cases.Keywords: Criminal law, Defamation.

LEGAL PROTECTION FOR PLANTATION LAND USE STUDY OF ÂCONFLICT BETWEEN THE CENTRAL LOMBOK WITH PT. PERKEBUNAN KOPI TRESNO ÂKENANGAN Giri, I Nyoman Nelson
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

Legal issues under discussion in this thesis is a dispute between the company PT. Perkebunan Kopi Tresno ÂKenangan Central Lombok district caused by the differences of perception with regard to the implementation of normative law against land use policies for the development of the plantation business.Â How is the legal basis for guiding set of government policy in providing recommendations leasehold estate and for plantation companies in Central Lombok district, as well as how its safeguards. The author uses a normative legal research methods using a conceptual approach, legislation, and analytical approach, with the legal basis establishes guiding government policy in providing recommendations leasehold estates, such as: the 1945 Constitution, laws and legislation, Legislation with regard to agrarian resources, specifically land and other legislation relating to local government authorities as well as the terms and mechanisms of extension and renewal of the concession.With regard to the extension and renewal of the concession found this blurring of norms in childbirth which is very detrimental between them by letting the residents into the area of farmland. The absence of legal protection for the company from any conflict of norms in the form of wrong policy of the government of Central Lombok regency.Key Words : The right to the business, , Legal Protection

CUSTOMER PROTECTION AGAINST BANKING SERVICES AND CIMB NIAGA CELLPHONE ACCOUNT PAYMENT SYSTEM Sendidevi, Ida Ayu Wayan Meryawira
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

Legal relation between parties in the cellphone account administration based on the valid Legal provision. There are no specific regulation concerning the providence of cellphone account and therefore to provide legal certainty on cellphone account its legal basic rely on existing Law and internal regulation of CIMB Niaga. Product information transparency, users safety and complain and dispute resolution effort are the things that should be fulfilled in the providence of cellphone account since they are the costumer rights which regulated in Law Number 8 of 1999 concerning customer protection.Keywords: Cellphone account, costumer protection

THE RESPONSIBILITY OF PDAM TIRTA DHARMA IN DOMPU REGENCY TO THE CLEAN WATER CONSUMER Akbar, M.Hijratul
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

Research method is conduct by empiric-juridic approach, research on legal regulation especially Law on Consumer Protection and Law on Raw Water Sources, and supported by interviews on informant and respondent. The research result shows that the Law on Consumer Protection has been regulated on bussinesman responsibility in accordance with Article 19 Law on Consumer Protection that bussinesman responsible to give a compensation for the damages, contamination, and/or consumer loss as the result of consuming goods or services that produces or traded. PDAM responsibility constrained by several factors like limited of raw water sources and limited public budgetting for clean water to manage by PDAM, and leak of pipeline because lack of maintenance by PDAM. Consumer dispute settlement on clean water, the society is not fully aware therefore socialization by government is needed, establishment of BPSK and the regulation in form of local government regulation that can protect unresponsible businessman activity. Â Keyword : Consumer Protection, Clean Water

STRATEGIC OF EMPOWERING GREEN INVESTMENT REGIME THROUGH DEVELOPING POTENTIAL OF MARINE TOURISM IN WEST NUSA TENGGARA PROVINCE SH, Nurasmah,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

The objective of the research is to know and to analizy the existence ofÂ green investment regime through developing of the marine tourism in Indonesia, especially in Lombok; optimalized strategic and institution role for green investment; and to integrated of the sustainable regulation for green investment. The typical of the research is normative â empirical study. The approaches that used in this research are conceptual approach, statute approach and empirical approach as a supportedÂ approach. The result of the research shows that, first, conceptually, green investment regime is a part of green economy as a mainstream to develop investment especially in developing of marine tourism. Second, the strategic to optimalyze institution for green investment could be implemented through the general and special strategic. At the local level, the strategic of institutional empowering could be implemented by empowering of region resources management and social, economic and culture empowering. Third, internalization of the economic instrument aspect in to environmental management aspect could be follow by the green economic, so as the regulation of the investment priority not only economic oriented but also considerÂ environment aspect. The recomendations that can be proposed based on research result are , first, green investment regime is an ideal concept should be necessary embodying in investment practice in local area. It means that all of stakeholder required a good perception and understanding related to investment activity in local area. Second, it needs clarity strategic, program and the output must be concrete and the operational related to the management design to develop marine tourism in Lombok. Third, in order to create an optimal strategy, an effective and efficent development of Green Investmen,t its required a legal regulation in form of local government regulation on Marine Investment. Â Keywords: Green Investment, Marine Tourism.

THE IMPLEMENTATION OF JUSTICE PRINCIPLE WITHIN THE LAND PROCUREMENT FOR PUBLIC UTILITIES CONSTRUCTION SH, Sahnan,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

The Indonesiaâs population growth and development increasing makes all parties, in the reality, need more land, especially for government. Land procurement for public utilities construction usually have a problem, because on the process we rarely meet easy process or easy getting deal between landowner and government, or other parties who needs the land.Â This occurs because is difficult getting deal between government and landowner about compensation. Justice principle implementation sometimes violated and take it for granted by government or other parties who need the land. The landowner usually assumes total compensation they accept tends not give fairness. This research have purpose as follows (1) To enquiry and analyze justice principle implementation of land procurement for public utilities construction, and (2) To make us know, what kind factor makes justice principle implementation land procurement for public utilities construction difficult to implemented, and to make us know what government should do to fix these. This research is normative research, Normative research is studying norm, like justice principle and conceptual norms that regulated land procurement for public utilities construction.The result of this research consist of implementation of justice principle ofÂ land procurement for public utilities construction can not touch sense of justice society. This occurs because government gives compensation, far from they want, far from fairness, and far from properness. That is why sometime we not surprise on the implementation creates conflict between landowner and government or landowner and company who needs the land.Keywords: Justice principle implementation

JURIDICAL STUDY ON THE TRANSFORMATION OF PT. ASKES (PERSERO) INTO THE SOCIAL INSURANCE MANAGEMENT AGENCY ON HEALTH Hartati, Widya
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

Social insurance management is a state responsibility as mandated in the 1945 Constitution (UUD 45). With the law of BPJS being issued as the managing and executing agency of National Social Security System (SJSN), PT ASKES Persero has been transformed into The Social Insurance Management Agency on Health (BPJS Kesehatan). The findings show that at the early stage after transformation and the BPJS Kesehatan began to operate, the programs managed by PT. ASKES (Persero) were transferred as the programs of BPJS Kesehatan through National Health Insurance Program (JKN). This transformation will cause the changing in the status of PT. Askes (Persero) from being Persero State-Owned Company (BUMN) into a public legal agency that directly reports to The President of Indonesia. The characteristics of BPJS Kesehatan are different from other BUMNs that seek profits. This agency works primarily on community service. The insurance money collected from the insured participants is managed at its best for the participantsâ sake. Although this transformation was well prepared and implemented as the planned mechanism, at the practical level this program still has several issues related to the transformation i.e. lack of socialization and promotion, lack of service facility, inaccurate data, and the lack of health personnel. Keywords: Transformation, BPJS Kesehatan, PT. Askes (Persero)

INVESTIGATION IN MONEY LAUNDRY CRIMINAL ACT Kardianto, I Putu
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

The Poltical law aspect contained in the Investigation of Money Laundry Criminal Acts (MLCA) will be effective if it based on the idea of Article 74 UUTPPU. Its aim to facilitate investigator in the search of the crime assets, which is inseparably part of evidences collection in an investigation process as regulated in Article 183 Jo 184 of the Code of Criminal Law Proceeding (KUHAP) and Article 73 of MLCA concerning the valid evidence instrument. The un-optimal application of Article 74 of the MLCA in Particular Criminal Detective Unit (DIT RESKRIMSUS) of West Nusa Tenggara Police department mainly caused by the limited access to information and the lack cooperation between investigators and PPATK. Whereas, main props of the MLCA investigation are law enforcers and investigation supporting facilities. Hence, it requires a more certain regulation and well-skilled-intellectual investigators in order to optimized the implementation of Law number 8 of 2010.Keywords: Investigation, Crime, Money Laundry

NORMATIVE STUDY ON THE WAIVING OF MANAGEMENT RIGHT OF THE PROVINCIAL GOVERNMENT OF WEST NUSA TENGGARA WITHIN THE DEVELOPMENT OF THE MANDALIKA RESORT AREA Swasta, Putu Juni
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

The research aims to study the regulations on the waiving of Management Right of the Provincial Government of West Nusa Tenggara within the Mandalika Resort area and its legal consequences. This is a normative research because it is analyzing regulations which relate to the waiving of management right. 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.Â This research finds out that the waiving right is a deliberate termination of a possession and tenure right of property by a subject right with specific purposes. Procedures and requirements stipulated by the Provincial Government of West Nusa Tenggara under the Government Regulation, and the Regulation of Agrarian Minister/Head of National Land Body No 9 of 1999. In the Law of National Land, the right waiving associated with the acquisition of the land right, either for business purposes or public interest, can be carried out in the following ways: transfer of right, waiving of right and revocation of right.Â Â Keywords: the Management Right, the Waiving of Right

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jurnalius

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