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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 28 Documents

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Search results for , issue "Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN" : 28 Documents clear

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

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.

THE EXISTENCE OF DRUWE CUSTOMARY LAND VIEWED FROM THE PERSPECTIVE OF NATIONAL LAND LAW Suwanda, I Wayan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The function of land is not just limited to the composition of the product tools, social asset and capital asset, politics, culture, but also about values and meaningful religious. Therefore, the land is in related directly with humans that gave birth to the concept of ownership since long time ago up to now according to the customary law. The history of druwe land in the beginning is belonged to the Kingâs authority with the status of âDruwe Dalemâ and possession of the royal dignitaries such as royalty and the retainer with the ownership right status of âDruwe Jabaâ. In Lombok, such as in Mataram and West Lombok until now its existence is still recognized by the people of Balinese people that are hereditary lived in Lombok. Authors interested in highlighting the existence of customary law as the basis of the land law provisions in Indonesia. When examined customary law that grow in Indonesia have diversity (pluralism of law). This will affect the color and resolution of various land cases in the country. There are a few theories that I use such as Emile Durkheim, that determine the law as the social morality, then Ehrlich introduce the types called Entscheidungnormen (norms of decision), and the theory of legal protection for the people by Philip M Hadjon. The approach used is a conceptual approach, and statute approach Keywords: Indigenous, Land of Druwe

RIGHT ON PECATU DESA LAND BASED ON THE PRINCIPLE OF THE STATEâS RIGHT TO CONTROL IN THE DIALECTICS OF JUSTICE AND LEGAL CERTAINTY Husni, Anang
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The right of possession by state is public domain, as for right of ulayat is collective domain whichis permanently referring to private domain. Therefore, to put Pecatu land as part of districtgovernmentâs property is illegal because district government is not an adat community; this toa norm of Indonesian constitution 1945 as referred to in article 33 (3) and article 18B (2).The criterion or the barometer of justice as stipulated in such articles is ââ¦â¦.shall be made usefor the greatest peopleâ should be given priority rather than legal certainty toward the right ofPecatu land.Keywords: The Right of Possession by State, Justice, Legal Certainty, Pecatu Land

THE PRINCIPLES OF ANTI-DISCRIMINATION AND PROTECTION OF MATERNAL RIGHTS OF FEMALE LABORERS VIEWED FROM THE PERSPECTIVE OF GENDER EQUALITY S, Nurjannah
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

Anti-discrimination is also known by the term opportunity and equal treatment. The opportunity and equal treatment is a right of every citizen in all fields of life, whether economic, social, cultural, political and labor affairs. One of the most fundamental rights is the maternal right of female workers, including the right to menstruation leave, maternity leave, get social security in the form of care during childbirth and after childbirth, breast feeding and caring for the rights and child rearing. This research is to look at the law as the principles of truth and justice that is natural and universally applicable. This is consistent with normative legal research, the study of the principles of law or legal principles. On normative legal research, data processing activities to conduct systematize nature of the material written law. Systematizes means making a classification of materials written laws to facilitate the analysis and construction work. The principle of anti-discrimination and protection of workersâ rights maternal woman in Indonesia has been stated in the statutory provisions and refers to international conventions on human rights and the Convention on the Elimination of All Forms of Discrimination Against Women and ILO Convention No. 183 Year 2000 on Maternity Protection (ILO Convention on Maternity Protection). These rights include the right to menstruation leave, maternity leave, maternity leave, the right to bear the cost of the company or employer through labor social security, and the right feed and care for the child and the right of special treatment (affirmative action) in employment. However, long-time child care, it is not described in detail in the statutory provisions and arrangements delivered to the employer or the employer and the worker. This clause is felt still too discriminatory given that the rights of children to be treated and was raised by a mother (especially working mothers) marred. So we need a judicial review of Law No. 13 of 2003 relating to the protection of the rights of women workers as a form of maternal implementing anti-discrimination principle.Keywords: Anti-Discrimination, Protection of Workers, Rights Maternal

IMPLEMENTATION OF THE STATEâS RIGHT TO CONTROL IN THE CONTEXT OF AGRARIAN REFORM IN INDONESIA Pratama, Ridho Ardian
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The stateâs possession right regime has, in its application, brought up variety of interpretations. In relation with the implementation of agrarians reform in Indonesia, it is initially driven and led to be a primary instrument supporting such program. This research based on the fact that the stateâs possession right nowadays is not appropriately or properly used within the agrarian reform. One of the causes of such situation is the vagueness of the authority basis of the stateâs possession right. Up to now, the implementation of the agrarian reform as major agenda is still uncompleted. since new order ruling government, many regulations enacted are incompatible with the article 33 of Indonesian constitution of 1945, act of agrarian and act of land reform. Today, government has set up a national agrarian reform program which is basically and contextually different from which act of agrarian and act of land reform mandate. The huge thing to which people focusing their attention is both the interpretation and application of the stateâs possession right to assume has been employed in the wrong track, i.e. for the sake of investment, mining, industry and forestry.Keywords: The Stateâs Possession Right, The Agrarian Reform

CONSUMERSâ LEGAL PROTECTION CERTAINTY VIS-Ã-VIS THE APPLICATION OF STANDARD CONTRACTS Bagiartha, I Putu Pasek
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The consumer protection is an important aspect to ensure the legal certainty for consumersin using products of marketed businesses. Orientations of entrepreneurs is emphasize thepracticality of achieving profits to encourage the growth of unhealthy trade practices with theinstrument of standard contract application as a basis of law relationship among the economicactors. The nature of standard contract that is identical to the principle âtake it or leave itâ is aclear example of the difference of position that leads to a form of exploitation of consumers and form the opposition to the principles of the agreement in general. The proliferation of standard contract application in the community is an implication of freedom of contract principle that applied to the restrictions set forth in Article 1337 and Article 1339 of Civil Code. Although restrictions on the principle of freedom of contract has been regulated strictly, the application of standard contracts that happened in the community tend to be opposed to the principle of freedom of contract itself, especially in terms of the substance and implementation of the contract.This situation at last encourages the consumers protection both preventive and repressive legal protection. The mechanism of consumer dispute resolution is divided into three systems; consist of the peaceful settlement; settlement of disputes through public justice, or the settlement of disputes outside the courts through the Consumer Dispute Settlement Body (BPSK). The dispute resolution procedure through BPSK is divided into three stages namely, complain phase, trial phase and decision phase, while the court procedure is divided into stages of proposing a lawsuit, the reading a lawsuit by the plaintiff, the defendant answers on the plaintiffâs lawsuit, replik, duplik, and the examination of evidence, conclusions, and the judgeâs decisionKeywords: Consumer Protection, Standard Contract, Transaction Law

THE CONCEPT OF JUSTICE IN THE MANAGEMENT AND UTILIZATION OF NATURAL RESOURCES BASED ON THE 1960 BASIC AGRARIAN LAW Fathoni, M. Yazid
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The Agrarian Law of 1960 isÂ basic rule for managing and exploiting natural resourcesÂ in Indonesian which one itâs aim is to create justice to both state andÂ citizen. Even though justice has beenÂ established as itâs aim, but still the justice as stipulated in Agrarian Law of 1960 is unclear such as itâs definition, standing and position, function, as well as itâs profile and character. Such vagueness impacts on variety of things including the final purpose to which the law directs. Nevertheless, theoretically, the justice on the perspective of Agrarian Law of 1960 is relatively closer to utilitarianism theory has i.e. to create the happiness and welfare for the greatest number of Indonesian people. Finally, according to utilitarianism perspective, the happiness and welfare supposes to be enjoyed and possessedÂ by every body, or if it canât be realized,Â at least by the greatest number of people. Â Keywords: Natural Resources, Managing,Â Justice

THE GOVERNMENTâS ROLE IN FACING THE INJUSTICE OF GLOBAL TRADE Sood, Muhammad
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

Despite the controversy about the liberalization of trade, however the government of Indonesia has ratified the WTO provisions by the discharge of the Act Number 7 Year 1994 concerning the Agreement on establishment of the World Trade Organization. This is a fact of law that formed base on the political will of the Indonesian government to encourage the free trade system as an impact of the circulation of the vital flow of goods, services, capital and labor among countries in both the regional and global level. This change mainly supported by the development of science and technology is growing rapidly and broadly, therefore nations must work together in both the global and regional level. The benefits have been felt by Indonesia in the presence of trade between nations is successful in developing its exports, especially non-oil exports. Therefore, in international trade requires a system of international trade organization to promote the establishment of a free market, fair and open to all countries. In the world trading system, the Government of Indonesia has been struggling along with other countries actively participated success of multilateral trade negotiations within the framework of the GATT Uruguay Round in 1994, the main objective is not only focused on free trade but also fair trade. For the agenda, the Indonesian government has taken some steps of deregulation and de-bureaucratization to improve efficiency of the national economy. The program will continue to be struggled as a strategic step and is the increase of non-oil exports in order to achieve the goals of economic development in Indonesia.Keywords: Government role, trade globalization, international trade

LEGAL CERTAINTY IN THE PROTECTION OF WITNESSES AND VICTIMS OF GROSS HUMAN RIGHTS VIOLATIONS Natsir, Nanda Ivan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

Law certainty in the protection of witnesses and victims of major human rights violation. The human right is a right that every human posses by not view any difference on race, skin color, gender, language, religion, political or other opinion. The Human rights is legally covered by a Human rights law that perhaps keep individuals or group protect from actions violating basic freedom as well as dignity and prestige for human being. One of the of HR laws with existence is a Universal Declaration for Human Rights of 1948 enacted by the United Nations. For law enforcement on Human rights the Indonesian government also has another Human Rights law namely the Regulations NO. 39 of 1999 about Human Rights and the Regulations No. 26 of 2000 about Human rights Court. In addition, this Government also has already ratified some instruments of International Human rights such as a convention on Political Right of Women that ratified by the Regulations No. 68 of 1958.Â Ratification is an official expression of a state for obeying without any pressure upon the content of agreement. On 17th July 1998, within a Diplomatic Conference of UN there was already resulted an important step in law enforcement for Human rights namely for agreeing Roman Statute means an agreement to establish an International Criminal Court with the intends to keep try the human criminal in action and cut off any chain on law immune. Out of 148 states of participant in conference took part and that time found at least 120 states support it, 7 to opposite and 21 abstain. There are four sorts found as a seriously violation act that regulated in Roman Statutes, they are: 1. Genocide 2. Evil on Human 3. War Evil 4. Aggression evil.Â Â Since so many violation cases on Human right heavy on this country such as Aceh case, East Timor case, Trisakti case and so forth till today the process for completion not satisfied any more. According to Government reasonable point out for refusing to ratify the Roman Statute concerned the International Criminal Court seemly to undermine the government authority. Whereas the International Criminal Court has its complementary principle, namely the International court is only as complement for the national court system whenever our national court unable or wish no to try the suspected. In addition, if the Indonesian government may ratify the Roman Statute politically it shall give advantages for Indonesia since other see how seriously the Indonesian government to keep completion the problem of Human right violation. It is at last, the international conviction over the national court in Indonesia may get recovery according to their view.Keyword : Criminal Act, Criminal Policy

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