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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. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan" : 13 Documents clear
Metode Penanggulangan Peredaran Narkotika Di Lembaga Pemasyarakatan Terhadap Narapidana Sebagai Upaya Mencapai Tujuan Pemidanaan (Studi di Lembaga Pemasyarakatan Klas I Tanjung Gusta Medan) Herlina Manullang; July Esther; Jusnizar
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1173

Abstract

Almost fifty percent of the prison population is prisoners of narcotics, this situation is very worrying for the occurrence of drug abuse in prison. Overcrowding greatly affects the process of coaching prisoners, so it is likely that the expected goal of punishment will not be achieved. The nature of the type of research is normative juridical. The concept of coaching carried out to prisoners in prison is guided by Article 34 to Article 46 of Corrections Law No. 22 of 2022. The mentoring program for prisoners of drug abuse is carried out including personality coaching and independence coaching. Efforts to minimize the abuse of narcotics in prison are guided by Permenkumham No. 6 of 2013 relating to the Code of Conduct for Correctional Institutions and Detention Centers. Based on these regulations, efforts to minimize drug abuse in prisons are carried out with preventive and repressive actions. The obstacles faced by prisons in minimizing drug abuse in prisons include the unavailability of experts, obstacles from the community and the lack of infrastructure and facilities in carrying out the process of coaching prisoners.
ISPO Policy on Palm Oil Industry and Biodiesel Development in North Aceh Jamaluddin; Faisal; Elidar Sari; Jumadiah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1198

Abstract

The total area of oil palm plantations in Aceh Utara Regency is 33,781.64 hectares, managed and operated by 11 oil palm plantation companies. In accordance with the Regulation of the Minister of Agriculture Number 11/Permentan/Ot.140/3/2015 regarding the Indonesian Sustainable Palm Oil Certification System (ISPO), the Government of Aceh Utara Regency has formulated a vision for the palm oil industry within its jurisdiction. This vision is centered around sustainability and its influence on the growth of the biodiesel sector in Aceh Utara Regency. To achieve this, the government encourages the palm oil industry to adopt ISPO certification. This research aims to analyze and describe the challenges, roles, and initiatives undertaken by the Government in Aceh Utara Regency to promote ISPO certification within the palm oil industry. The research employs an empirical juridical approach, encompassing the identification of research subjects, a statutory analysis, and horizontal and vertical synchronization methodologies to address the implementation of ISPO certification. The results of study reveal that the Government of Aceh Utara Regency has actively motivated palm oil plantation entrepreneurs to swiftly pursue ISPO certification. The government has established a dedicated team and allocated funds to expedite the implementation of ISPO.
The Future of Sex Robots in Indonesia: Law, Science, And Technology Muhamad Dzadit Taqwa; Ahmad Alfarizy; Melinda Yunita Lasmaida Sirait
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1200

Abstract

Sex robots are humanoid machines used to fulfill sexual desires of their users. Their presence has created debates around the world. Currently, sex robots are not sold freely in Indonesia. Although, the future of such an innovation has to be scrutinized through the Indonesian laws. From the proponent side, the existence of such robots has possibly several justifications: (1) their usage has no implications on other people other than their users; (2) the market is potentially high; and (3) the use of this object entails some psychological benefits for those in need of them. Conversely, the opposing group will potentially argue that this technology is not in line with the religious values, decency, and even the laws in Indonesia. We did not find any journals that had discussed sex robots, especially through a law, science and technology approach, so there is still a research gap. This article scrutinized sex robots through the law, science, and technology perspective in the context of Indonesia in order to bring up their impacts that may require legal involvement. In principle, the use of sex robots that are used individually does not mean that they cannot be prohibited, especially if they are against the law, violate moral values, and/or disrupt the public interests in Indonesia.
Pancasila's Economic Existence in Business Development: The Efforts to Realize Justice in Business Law Asmah Asmah; Azizah Azizah; Retno Sari Dewi; Ruetaitip Chansrakaeo
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1224

Abstract

The Pancasila economy as a characteristic of Indonesia's unique economy encounters problems when faced with increasingly massive business developments. Business law has a role so that the existence of the Pancasila economy is maintained in the era of business development. This study aims to analyze the existence of Pancasila during business development to realize justice in the realm of business law. This is because the Pancasila economy seeks to apply the economic values of Pancasila in accordance with the interpretation of the constitution. This research is normative legal research with conceptual, statutory, and philosophical approaches. The results of the study confirm that the existence of the Pancasila economy is urgent to be maintained through various legal policies so that business development does not perpetuate capitalism which can create injustice in business competition. Business law in its development needs to refer to and pay special attention to the Pancasila economy so that existing business practices in Indonesia are in line with Pancasila values.
The Justice for Illegitimate Children of Indonesian Women Workers Through Constitutional Court Decision No. 46/PUU-VIII/2010 Hazar Kusmayanti; Dede Kania; Ramalinggam Rajamanickam; Mohammad Hamidi Masykur
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1228

Abstract

The position of children out of marriage in everyday life by some people is seen as low, on the other hand in terms of welfare and civil rights still get limitations. This research focuses on the implementation of Constitutional Court Decision No. 46/ PUU-VIII /2010 on illegitimate children of Indonesian Women Workers. The research confirmed that the addition of Article 43 paragraph (1) made by the Constitutional Court through Decision No. 46/PUU-VIII/2010 is not only limited to the right to protection but has a very broad meaning that also includes illegitimate children born to Indonesian Women Workers. In accordance with the principle of equality before the law, the law must provide fair protection and legal certainty. The findings of this study revealed that illegitimate children of migrant workers can obtain constitutional rights as Indonesian citizens adhering to the principles of the rule of law. Therefore, the Constitutional Court’s decision does not only affect children’s inheritance rights, but also has implications for guaranteeing and protecting illegitimate children born to migrant workers, such as the right to earn a living, guardianship rights, and the right to get child support from a biological father.
The Limitations of Living Law in Indonesian Criminal Law Reform: An Effort to Realize Justice Yenny Febrianty; Ade Sathya Sanathana Ishwara; Bintara Sura Priambada; Hikam Hulwanullah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1232

Abstract

One of the important points of criminal law reform in the Criminal Code is the regulatory provision regarding living law. The Criminal Code authentically determines that living law is customary criminal law, which is declared valid and further regulated through Local Regulations. The absence of limitations related to customary criminal law standards that can be qualified as a living law has the potential to cause injustice. This study aims to analyze the urgency and the formulation of limitations on living law arrangements in the Criminal Code in realizing justice. The results of the study show that the urgency regarding limitations on living law arrangements in the Criminal Code is meant to protect human rights while at the same time preventing potential criminalization. The formulation of limitations of the living law arrangements in the Criminal Code is to realize justice. Therefore, the limitations of customary criminal law can be categorized as a living law according to the Criminal Code, that are: indigenous people still practice the law; these customary crimes do not conflict with the principles of the rule of law; they do not conflict with Pancasila values; and the crimes are further formulated by local regulations.
Reconstruction of The Vice Regent’s Position in Optimization of Regional Autonomy: Realizing Democratic and Justice Values Liberthin Palullungan; Lisma Lumentut; Zainal Amin Ayub
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1235

Abstract

The ambiguity of the Deputy Regent's position in local government makes the Deputy Regent's position often underestimated. The Deputy Regent is perceived as a subordinate of the Regent even though the Regent and Deputy Regent are both directly elected by the people. This study aims to reconstruct the Deputy Regent's position in order to optimize regional autonomy while at the same time embodying the values ​​of democracy and justice. This research is doctrinal research, prioritizing conceptual and statutory approaches. The results of the study confirmed that the weak position of the Deputy Regent compared to the Regent in carrying out his duties was caused by two factors, namely the juridical factor in the form of the absence of special arrangements regarding the duties and powers of the Deputy Regent, and from non-juridical factors, which is a political factor that placed the Deputy Regent as the Regent's subordinate. Efforts to realize the values ​​of democracy and justice for optimizing regional autonomy can be carried out by reconstructing the authority of the Deputy Regent by strengthening the proportional distribution of authority between the Regent and Deputy Regent.
Strengthening The Relationality of Heteronomous and Autonomous Legal Rules in Workers’ Decent Wage Law Policies (An Attempt to Create a Dignified Tripatrid Ecosystem) Any Suryani Hamzah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1241

Abstract

The Job Creation Act (Ciptaker) protects the interests of employers (corporations) by omitting the heterogeneous Legal terms that are integrated (coherent) into the State and the workers expect to provide protection for workers in the context of determining and providing decent wages for workers. These legal circumstances demonstrate that, under the Job Creation Act, the application of autonomous legal norms predominates over the application of heteronomous legal principles. Such a situation affects the obscure presence of the State in providing decent employment for workers and upsets the tripartite ecosystem. It is employed to restore the degradation of the quality of the relationship between the two parties within the Job Creation Act. Therefore, it is necessary to make legal reconstruction efforts related to matters associated with the determination and payment of wages for workers in the Job Creation Act that emerge uncertainty and injustice for workers, to produce a formulation of a decent and fair wage legal policy to establish a relationship between the state, workers, and decent employers (Tripart ides). This research uses normative legal research methods, the type of research used in juridical normative research is descriptive. As for the approaches used in this research, there are several methods found in normative law research, among others: conceptual approaches, and philosophical approaches.
The Plea Bargain Concept Related to Medical Malpractice Crimes to Realize Substantive Justice: An Idea for the Future I Made Wirya Darma; Mahamadaree Waeno
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1245

Abstract

Malpractice in medical practice is a common thing that occurs because the unprofessionalism and negligence of medical personnel and . In practice, medical malpractice is resolved through a convoluted criminal justice system that does not reflect a substantive justice orientation. This study aims to formulate the idea of applying plea bargaining in the settlement of criminal acts related to medical malpractice in order to realize substantive justice. The results of the study confirm that the settlement of criminal acts related to medical malpractice does not reflect substantive justice and is not oriented toward efforts to provide compensation for victims. Therefore, in the future, efforts are needed to apply the concept of a plea bargain in the settlement of criminal acts related to medical malpractice in order to ensure substantive justice for victims of medical malpractice.
The Progressive Legal Perspective of Legal Justice in Customary Dispute Resolution Related to Natural Resources Muhammad Akbar; Maisa; Mohamad Didi Permana; Hazmi Rusli
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1252

Abstract

The absence of special arrangements regarding customary law has the potential to cause inferiority in the position of customary law compared to the substance of national law in customary disputes relating to natural resources. This study seeks to analyze and formulate the idea of ​​resolving customary disputes over the management of natural resources in a progressive legal perspective to achieve justice. The results of the study confirmed that the problems of customary disputes related to the management of natural resources, especially those that occurred in the territories of indigenous peoples, made the position of customary law weaker compared to national law. This happens because regulations regarding indigenous peoples have not been ratified. Legal efforts to settle natural resource customary disputes to achieve justice in a progressive legal perspective need to be regulated through the establishment of a Perppu (Government Regulation in Lieu of Law) to facilitate the position of customary law in resolving customary disputes in the field of natural resource management. In the Perppu, it is hoped that there will be confirmation regarding the enactment of the conception of legal pluralism so that customary law has an equal position with national law in customary disputes over natural resource management.

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