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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 12 Documents
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Search results for , issue " Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT" : 12 Documents clear
THE ROLE OF BANK GUARANTY IN CONSTRUCTION CONTRACTS BETWEEN THE GOVERNMENT AND CONTRACTORS Mulada, Diman Ade
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (368.25 KB) | DOI: 10.12345/ius.v1i2.237

Abstract

In government project, to guarantee the assignor (government) to acquire the  project finished on the time and quality promised by the contractor, it required a guarantee  of the contractor for the government as mentioned in Article no 67 paragraph (1) of Presidential Decree No. 54 of 2010 concerning the Procurement of Goods / Services.  One of the guarantees often used by contractors is  a guarantee bank. In the implementation of a  contract between the government and contractors who use the guarantee bank, they must go through some steps.. First stage is the preparation for the selection of the construction work, and the second stage is to carry out the selection of construction work, in which the contractor must submit a tender guarantee of bank guarantee.  The third stage is the signing of the contract, in which the contractor must submit a bank guarantee of warranty execution and the fourth stage is the execution of contracts where the contractor must submit a bank guarantee of an advance money if the contractor will take an advance money and submit a bank guarantee of a maintenance warranties when the contractor has completed the work.  When a default happened by either party, the solution is as follows.  If related  to the contracts, the problem is solved through a discussion, and then if no way out, the problem may be solved through arbitration or courts. In relation to the bank guarantee, if a default happened by the contractor,  the solution is by deliberation between the bank and the contractor in  order that the contractor complete the arrears, however, if the contractor has no intention to complete the arrears, the bank  may issue a maximum of three (3) warning letters. Moreover, if the bank has issued three warning letter sand the contractor still does not respond, then the bank will make disbursements against opponents guarantees that have been submitted by the contractor.Keywords: Bank Guarantee, Contraction Contract.
HUMAN RIGHTS LAW ENFORCEMENT POLITICS IN INDONESIA IN CASES OF GROSS HUMAN RIGHTS VIOLATION SH, Zunnuraeni,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (307.264 KB) | DOI: 10.12345/ius.v1i2.242

Abstract

This is important because law politic shows government will and attitude in formation of law and law enforcement consistently. Indonesian law politic on the human rights protection can be seen in Act number 26 of 2000. The Act have within it a will to give justice for the victim and family victim of gross violation of human right by establish a trial for the perpetrator. However this act have a lot of weakness that makes trial for the perpetrator can not work properly. Law politic can be seen not only in the law product but also on implementation of law.  Indonesia has bring before the court some cases of gross violation of human rights, through the Human rights Court (permanent) and an Ad hoc Human Rights Court. However there are some weakness on those trial. Keywords: Politics, Law, Human Rights
THE EMERGENCE OF FOREIGN INTERVENTION AGAINST HUMAN RIGHTS VIOLATIONS IN ARMED CONFLICT IN A STATE SH, Mahfud
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (260.799 KB) | DOI: 10.12345/ius.v1i2.233

Abstract

The violation on the law of war and human right regulations may cause foreign (international) intervention  on every war violations, if violating country does not implement  the law enforcement for  the violating criminal. The international interventions to punish the violating actor (of the law of war and of human right) happening in a military conflict will occur  if the national court of the country is unwilling and unable to punish the prisoner of war . Key word ; The Violation of  the Law of War and Human Right, War Criminal
CRIMINAL ACTS RELATED TO GENERAL ELECTIONS PURSUANT TO LAW NUMBER 10 YEAR 2008 Bachri, Moch. Ali
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (341.694 KB) | DOI: 10.12345/ius.v1i2.238

Abstract

The existence of criminal acts regulation in a Law surely purposed to the obedience of the people to the norms available in the law. However if it took a massive portion, the criminal acts regulation of a Law may potentially raise problem. The Law concerning general election of DPR, DPD and DPRD members consisting of 320 Articles and 52 Articles regulates criminal acts violation. Whereas the Law concerning the election of President and Vice President consisting of 262 contains only 58 Articles related to criminal acts. By percentage, the calculation of the number of articles regulating the criminal acts in the Law of general election of the members of DPR, DPD DPRD is around 16 percent and in the Law concerning on the election of  president and vice president is around 22 percent. Therefore it is necessary to pay more attention on the urgency of considering the acts classification that is stated as criminal and its implications to the criminal Law enforcement in practical field.Keywords: Criminal acts, General Election, Dispute Settlement
THE SETTLEMENT OF INDUSTRIAL RELATION DISPUTES THROUGH MEDIATORS SH, Irawan,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (288.854 KB) | DOI: 10.12345/ius.v1i2.243

Abstract

According to the Law  Number 30 Years 1999, article 6 section (3) if there is a dispute, based on the written agreement, either parties can resolve the dispute through a mediator. While the Law  No. 2 of 2004 article 4 section (4) if the parties do not specify the solution option whether through conciliation or arbitration within seven working days, the district institution related to employment will delegate the solution to the mediator. The mediation is conducted by a mediator in the institution related to labor affairs  in district level “. Mediation is not offered in conjunction with the conciliation or arbitration because the government wants to provide public services through competent mediators to resolve four types of disputes. Only Civil Servants (PNS) working at department of labor may be appointed as the mediator to solve dispute related to the industrial relationship, because government provides public services as State responsibility and intervention to resolve disputes between citizens. The absence of either parties in the mediators may cause injustice to the applicant or the defendant because the same deed  may raise a different legal consequence, so the absence of the applicant or the defendant should cause the same legal consequences.Keywords: Industrial Relations, Disputes Settlement, Mediator, Mediation
THE IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY (CSR) IN PRIVATELY OWNED COMPANIES Rahdian Ihsan, Lelisari Siregar &
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (307.043 KB) | DOI: 10.12345/ius.v1i2.234

Abstract

Corporate Social Responsibility (CSR) has become a global issue; however, no definition of CSR is globally accepted. In Indonesia, the concept of CSR is getting stronger, especially after being firmly mentioned in the Law Number 40 of 2007 concerning on the Limited Liability Companies and the Acts Number 25 of 2007 on Investment. In recent years, some companies have implemented the CSR, including in West Lombok. In this case, the success of local government in in improving the prosperity of  the community can only be achieved if all community components take a part, including the companies operating in the region. The application of CSR in the private company in West Lombok especially  the Company of legal entity (PT) is referred to the NTB Provincial Regulation Number 6 of 2012 concerning  on Environment and Social Responsibility of the Company as mentioned in Article 10. The programs include community development and partnership programs for micro, small business and cooperation, and programs that are  directly-related to the public. However, the application is only dominant in the program that is directly-related to the public such as grants, subsidies, social assistance. The CSR programs have not been made to support community development and partnership programs for micro, small and medium enterprises. A non-incorporated company maybe referred to the Law Number 25 article 15 of 2007 concerning Investment Keywords: CSR, Implementation, Private Companies
THE URGENCY OF RATIFYING THE 1990 INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES Adha, Lalu Hadi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (266.892 KB) | DOI: 10.12345/ius.v1i2.239

Abstract

The International convention on the protection of the rights of all migrant workers and members of their families explicitly regulate the rights described in the Human Rights International Standards. Several main points of the Convention of the Rights of Migrant Workers are that these conventions contribute a normative-comperhensive frame to execute national and international migration policy based on Law provisions. Those conventions provide a right-basic approach frame but not merely a human rights agreement. The conventions built a parameter for national policy and regulations and engage an agenda to consultation and cooperation among countries on the most relevant issues such as information exchange, elimination of the unregulated migration, migrant smuggling and human trafficking. The convention covered the whole migration process of migrant workers and their family members such as preparation, departure and transit, their living in the working destination country, homecoming and reintegration at their home country or domicile country. Therefore through a normative legal study with conceptual and analysis approach, this study will further find out the urgency and motivation for the state to ratify this convention.Keywords: Urgency, Ratification, Migrant Workers.
JURIDICAL STUDY OF THE MANAGEMENT OF SELAPARANG FORMER AIRPORT BY PT. ANGKASA PURA I Rusphitawati, Fransiska Lidya
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (271.99 KB) | DOI: 10.12345/ius.v1i2.244

Abstract

This research aimed to study or analyze the state capital participation in PT. Angkasa Pura as a legal body (Company of the state/ BUMN) based on the positive law of Indonesia, to study and analyze the legal status of the former Selaparang Airport which managed out of its function and to study and analyze the assets hand over of former Selaparang airport which managed out of its function. This thesis occupied the juridical-normative and juridical-empiric research method. From several problem formulations concerning the management of the former Selaparang airport writer concludes that the capital participation on PT. Angkasa Pura as the company of the state (BUMN) based on Indonesia’s positive law particularly laid on the regulation of the government of the Republic of Indonesia number 38 of 1999 concerning addition on the state of Indonesia capital participation into the share of the state limited company (PERSERO) PT Angkasa Pura I and the regulation of the government number 19 of 2002 concerning addition on the state of Indonesia capital participation into the share of the state limited company (PERSERO) PT Angkasa Pura I. Legal status of the former Selaparang airport is still under the occupation of the transportation department which managed by PT Angkasa Pura I. The assets hand over of PT Angkasa Pura I is regulated in the regulation of the government number 38 of 2008 concerning management of property of the state/region. In fact in the management of the former Selaparang airport by PT Angkasa Pura I there is no assets hand over have been done.Keywords: Management, Former Selaparang Airport
TECHNICAL BARRIER TO TRADE OF INDONESIAN CLOVE CIGARETTES IN THE CONTEXT OF MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES UNITED STATES OF AMERICA (DS-406) Adiwibowo, Yusuf
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.936 KB) | DOI: 10.12345/ius.v1i2.235

Abstract

The members of WTO should obey the rules that have been agreed in the WTO. Every state has important role in international trade. The state should be able to protect its citizens from the negative effects of the trade itself. The role of state may be in providing the security and standardizing the trade of the so called a Technical Barrier to Trade and Sanitary and Pithosanitary. This study is aimed at determining the effect of “Technical Barrier to Trade on Measures Affecting the Production and Sale of Clove Cigarettes” on the Indonesian cigarettes This research employed a normative juridical. It is procedure of scientific research to find the truth based on a scientific legal logic in normative side. The research showed  that the regulation on“Technical Barrier to Trade” must be implemented fairly and non-discriminatory. The case between Indonesian clove cigarettes and the American menthol cigarette inshowed that the Law of “The Family Smoking Prevention and Tobacco Control Act” is not fairly implemented. . the United Stated of America should apply The Family Smoking Prevention and Tobacco Control Act. Keywords: Barrier, Regulation, Cigarettes, Menthol
THE FUNCTIONAL RELATIONSHIP BETWEEN BADAN NARKOTIKA NASIONAL (NATIONAL NARCOTICS AGENCY) AND CORRECTIONAL INSTITUTIONS IN DEALING WITH THE ISSUE OF NARCOTICS AT CORRECTIONAL INSTITUTIONS Imran, Muhammad Amin
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (301.93 KB) | DOI: 10.12345/ius.v1i2.240

Abstract

Therefore, there should be an effort to prevent and to fight against the drug abuse and illicit trafficking in Penitentiary. But, in handling narcotic in Penitentiary there is conflict of authority between National Narcotic Agency (BNN) which is in charge to carry out the drug abuse and narcotic circulation and the authority in the Penitentiary . BNN which is incharge to make and to implement the policies of  preventing, fighting against the drug abuse and narcotic circulation works based on : the Law No. 35 of 2009 concerning on the Narcotic, although prior to that, there are such laws as Instructions of President No. 6 of 1971, Presidential Decree No. 116 of 1999 about National Drug Coordination Body, Presidential Decree No. 17 of 2002 on the National Narcotic Agency (BNN), Presidential Regulation No. 83 of 2007 on the National Narcotic Agency (BNN),  Provincial Narcotic Agency and District Narcotic Agency, and Presidential Regulation No. 23 of 2010 on National Narcotic Agency (BNN). Then,  the implementation of the functional relation between National Narcotic Agency and Penitentiary in handling narcotic in penitentiary has not been going well due to the  duty-related conflict of authority and that should be  synchronized by applying the principle of Lex Specialist Derogat Legi Generalist. Thus, it is necessary to make a good functional pattern of relation between National Narcotic Agency and Penitentiary in handling the narcotic in Penitentiary in the future. The pattern should be a coordinated relation that is preventive and repressive based on the MoU between National Narcotic Agency and Penitentiary.Keywords : Functional Relation, National Narcotic Agency (BNN) and Penitentiary (Lapas)

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