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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 13 Documents

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Search results for , issue "Vol 2, No 2 (2014): HUKUM DAN TATA KUASA" : 13 Documents clear

THE IMPORTANCE OF ACADEMIC SCRIPT IN THE STATUTES FORMATTING TO REALIZE ASPIRASIONAL AND RESPONSIVE LAW Abdul Basyir
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 2 (2014): HUKUM DAN TATA KUASA
Publisher : Fakultas Hukum Universitas Mataram

This study aims to identify and assess the importance of an academic paper on the laws formation in creating aspirations and responsive law and also to knowing the implications of law that is not accompanied by an academic paper. This type of research is normative research. The approach used to address this fundamental problem, namely the statute approach and conceptual approach. Academic Paper in the formation of legislation is as early draft legislation and regulation, institutionalize or formalize conditions and/or events in the community into legislation. Creating aspirations and responsive law is because the law is formed starting from the bottom to the top (bottom up), and the product of legislation can be enforced and accepted by the community. The implications of the draft legislation that is not accompanied by an academic paper that is denied to be discussed, unprocedural, and the legislation products can be constrained when executed or enforced.Keywords: academic paper, The formation of legislation, implication.Abstrak

THE EMPLOYMENT DISPUTE SETTLEMENT ACCORDING TO LAW NUMBER 43 OF 1999 ANALYZED FROM THE EMPLOYMENT AND ADMINISTRATIVE YUDICIAL SYSTEM Lalu Ihsan
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 2 (2014): HUKUM DAN TATA KUASA
Publisher : Fakultas Hukum Universitas Mataram

This paper aims to look at the staffing dispute resolution pursuant to Act No. 43 of 1999 in terms of aspects of employment law and the system of Judicial Administration. Existence Personnel Advisory Board in the resolution of employment disputes, competency State Administrative Court and State Administrative High Court in the resolution of employment disputes and the status of the decision. Personnel Advisory Board and the position of the State Administrative Court judgment in the resolution of employment disputes. Normative legal research, analysis departs from the laws that describe the legal aspects related to the employment dispute resolution. Approach (statute approach), a conceptual approach (conceptual approach), approach the case (case approach). So that the position can be known BAPEK. Provide consideration to the president in the imposition of disciplinary punishment to the civil servants who are administratively BAPEK as body functioning decide administrative appeals filed by civil servants. Competence of the Administrative Court in the resolution of employment disputes, receive examine and decide disputes unrelated personnel by imposing rules violations Servants Discipline, and the dispute resolution employment appeal against the decision issued by the administrative court and BAPEK and Position decision BAPEK as Administrative Decision state that can be appealed to the judge’s decision Cosmos.Keywords: Resolution, Employment Disputes and Justice System Administrations.

DISPUTES JUSTICE, UTILIZATION, AND LEGAL CERTAINTY IN THE PRIVATIZATION OF WATER RESOURCES Husnan Wadi
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 2 (2014): HUKUM DAN TATA KUASA
Publisher : Fakultas Hukum Universitas Mataram

Justice is like water that never dry to talk, especially when it touches on basic necessities that inseparable from the lives of both humans and other biological organisms. Privatization by investors when correlated with the law sometimes has problems of its own. How justice should be placed by not forgetting one of the most important elements of life. Will law Number 7 Year 2004 and the Constitution Year 1945 of NRI, how social justice and certainty to be guaranteed by the state if things become a basic need of human needs that are privatized by investors ?. Retribution is not balanced will pawn justice values that are not organized into an opportunity for abuse than the underlying regulatory law subjects freedom in getting added value for the few. Justice, expediency and certainty is not to negate the one with the other giving rise to the other victim.Key Word: Privatization, Water and Law

POLICY OF TEMPORARY DIRECT AID PROGRAM ANALYZED FROM WELFARE STATE CONCEPT Ummy Athiq
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 2 (2014): HUKUM DAN TATA KUASA
Publisher : Fakultas Hukum Universitas Mataram

This study aims to identify and analyze policies BLSM program in terms of the concept of the welfare state and the various constraints in the implementation of the program in terms of substance BLSM law and legal structures as well as the proposed solution. Research normative, approach to the law, and the conceptual approach. To study used a normative issue primary legal materials, secondary, and tertiary legal materials collection techniques performed by literature and later on though and qualitatively analyzed descriptively. In an effort to carry out the mandate of the welfare state that embraces the Indonesian state as outlined in the destination country and as part of the implementation of Article 34, paragraphs 1 and 2 of the 1945 Constitution of the Republic of Indonesia, but on the other hand, BLSM temporary, short duration, and the project is only in dealing with poverty judged to be consistent with: a) Act No. 13 of 2011 on the RI poverty Management, b) of Law No. 11 of 2009 on Social Welfare, c) Republic Act No. 40 of 2004 on National Social Security Persistent. Welfare state is not only trying to provide relief to the poor, but also provide social protection for all citizens to avoid poverty.Keywords: Welfare State, BLSM

THE PRACTICE of E-COMMERCE IS REGULATED UNDER LAW NUMBER 11 YEAR 2008 Ni Nyoman Ernita Ratnadewi
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 2 (2014): HUKUM DAN TATA KUASA
Publisher : Fakultas Hukum Universitas Mataram

The practice of electronic commerce or e-commerce regulated under law number 11 of 2008 concerning electronic information and transaction and government regulation number 82 of 2012 concerning implementation of electronic system and transaction. This research armed to find out the practice of e-commerce transaction according to the law and to find out dispute settlement pattern of e-commerce transaction in Indonesia. The normative empirical research method is occupied in this research yet applying statute, conceptual and sociological approach the research result shown that implementation of electronic transactions are not fully accordance with the existing law and regulation therefore one side defaults are often occurs. Whereas dispute settlement holds the principle of lumping it, avoidance and negotiation.Keywords : Transaction, electronic contract

THE STATUS OF DEPUTY MINISTER WITHIN THE CIVIC SYSTEM OF REPUBLIC OF INDONESIA Aidin ,SH
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 2 (2014): HUKUM DAN TATA KUASA
Publisher : Fakultas Hukum Universitas Mataram

Theoretically, the basic concept of the appointment of vise minister is to develop the effectiveness and efficiency of the execution of the state ministerial functions. In advance, the constitution of Indonesia did not recognize the existence of vise minister. According to the constitution, the highest official in the state ministerial is on minister as the assistance of president. Nevertheless, because of changes and complexity of state ministerial functions that it is considered necessary to appoint vise minister which is in charge to assist minister in performing his/her tasks and functions. It is a normative research. It uses both conceptual and statutory approach. It applies deductive method in analyzing research data. This research finds out that the authority of president to appoint vise minister has been stipulated in the Constitution of Republic of Indonesia of 1945 article 17 (1 and 2). In addition, the appointment of vice minister also refers to the Law Number 39 of 2008 on the state ministerial about vise minister. It stipulates that vise minister is in charge to assist minister and responsible to minister and his appointment is only relied on the political interest of president.Keyword: vice minister

CIVIL SERVICE DISCIPLINE BASED ON THE GOVERNMENT REGULATION NUMBER 53 YEAR 2010 VIEWED FROM THE PERSONEL LAW ASPECT IN INDONESIA Gusti Lanang Rakayoga
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 2 (2014): HUKUM DAN TATA KUASA
Publisher : Fakultas Hukum Universitas Mataram

Stressing toward civil servant discipline in the era of reformation and autonomy by government is a positive response to achieve a world class governance of Indonesia government. Based on the view, it can be formulated problem as follows as: How is the regulation of civil servant discipline in the laws in Indonesia? How is the procedure of civil servant disciple sanction in Indonesia? This research is a normative law research with using law, conceptual, and case approach. From the research can be concluded as follows as: (1) Law norm formulation in article 3 number 11 of government regulation number 53 year 2010 about coming work obligation and obey to the work hour and its description are a vague law norm formulation, not clear, not complete and hard to apply and give more dispensation to the high rank official to do more interpretations in the execution. (2) The membership structure of personnel Board (Bapek) based on the government regulation number 53 year 2010 contains of minister and high rank official who has a lot of work to do, and need much cares, energies, times are potential to hinder the Bapek meetings and legality of Bapek decree. (3) Law norm formulation in the head regulation of personnel state board number 21 year 2010 on enclosure of character E about discipline law conveyance number 7 is a vague law norm formulation and not clear.Keywords: Civil Servant Discipline, Personnel law.

THE IDENTICAL VALUE BETWEEN CONSTITUTION AND CONSTITUTIONAL LAW IN THE CONSTITUTIONAL SYSTEM Sirajul Munir
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 2 (2014): HUKUM DAN TATA KUASA
Publisher : Fakultas Hukum Universitas Mataram

The views of constitutional experts in modern government, there are three very important elements of the principles of government power in a country, namely the principles of the rights of citizens and the principle of the relationship between citizens and government, as well as the principles of governmental power (the principles According To the Government). This is described in the constitution to whom powers of state organizer submitted, whether the power will be given to the one hand/ institution or given to several State institutions who run these power. The principles of the rights of citizens (The Principles According to The Rights of The governed), in principle rights owned of citizen an integral part to be valued/ respected by a ruler. Then the principles of the relationship between citizens and government (The Principles According to the Relations Between The Government and The Governed), In these principle should be known of each rights and obligations between the citizens and government. Besides, the Constitution understood as a term to describe the overall system of Government of a country, as well as a collection of rules that establish and regulate or define Government in the country concerned. Thus encountered a two-dimensional understanding given as follows: first, the Constitution is the overall picture of the system of Government in a country (The Whole System of Government A Country) that the Constitution describes whether the form of State and system of Government in use. Second, the Constitution is a set of rules that establish and govern a country’s Government (The Collection Of Rules Which Regulate or Establish and Govern The Government) it means in this second dimension, the Constitution is a set of rules about how the implementation of the overall system of Government of a country and a set of rules as the basis for the Division of power between the institutions of the State, the both dimension is a unity in the sense of the constitution or basic laws.Keyword: The Indonesian government system constitution is identical

THE POSITION AND AUTHORITY OF CONSTITUTIONAL COURT IN CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA AD. Basniwati
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 2 (2014): HUKUM DAN TATA KUASA
Publisher : Fakultas Hukum Universitas Mataram

According to institutional or organization system the existence of constitutional court as one of judicial body is not a subordinate of supreme courts other judicial body. This is mean; there are dual highest judicial body among judicial authorities, which are the supreme court and constitutional court. The arising problem is related to the function and position of constitutional court in constitutional system of the people of Indonesia. Standing position of constitutional court as a highest judicial body implicates to the Supreme Court. Where before the formation of constitutional court, supreme court was the highest judicial body which coordinates all judicial power, afterward, there is one judicial body which stand equally to it, that is constitutional court. Moreover, through its constitutional authority. constitutional court hold the authority implementation of Supreme Court to examine regulation which hierarchy level lower than the law against the valid law.Keywords : Constitutional court

COALITION EXISTENCE IN PRESIDENTIAL SYSTEM IN INDONESIA ACCORDING TO THE CONSTITUTION OF REPUBLIC OF INDONESIA 1945 Beverly Evangelista
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 2 (2014): HUKUM DAN TATA KUASA
Publisher : Fakultas Hukum Universitas Mataram

Coalition Existence In Presidential System In Indonesia According To The Constitution Of Republic Of Indonesia 1945. The purposes of this research are to determine whether the coalition is conceptually consistent with presidential system according to the Constitution of Republic of Indonesia 1945, it influence to the governance and to the effectiveness check and balances mechanism in implementation of government activities in Indonesia. Researcher is using normative-method with statutory approach, conceptual approach and comparative approach. After compiling legal materials, researcher start perform the analysis of legal documents gradually, related to the issues. Analyses were performed with a consistent and systematic set of activities with a view to obtaining an answer to the existence of the coalition in the presidential system according to the Constitution of Republic of Indonesia 1945. The existence of the coalition in the presidential system in Indonesia is conceptually only intended on election system, not in governance system. In fact, coalition that built in the multi parry and presidential system as Indonesia is not appropriate and impact on governance leading to disharmony among coalition partners and ultimately affect the effectiveness of check and balances mechanism. Thus it can be concluded that, the practice of coalition in presidential system in Indonesia is contrary with the Constitution of Republic of Indonesia 1945. With regard to the impact, coalition in the presidential system is not appropriate. It will lead to disharmony relations among the coalition partners that affect the effectiveness of check and balances mechanism.Keywords : Coalition, Presidential, System

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jurnalius

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jurnaliusunram@yahoo.com

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Kota mataram,

Nusa tenggara barat

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