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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. 10 No. 2: August 2022 : Jurnal IUS Kajian Hukum dan Keadilan" : 12 Documents clear
Legal Functionalization of Integrated Service Institutions Empowering Women and Children (P2TP2A) In the Prevention, Handling, And Assistance of Victims of Violence Against Women And Children in The Cianjur Regency Mia Amalia; Nahknur Wudhi Ainnaiha; Arti Aneja; Ibrahim Sule
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : 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.v10i2.973

Abstract

The eradication of violence against women and children is one of the benchmarks for the success of regional development. Many cases of violence can be handled by the government, which is represented by the Integrated Service Center for the Empowerment of Women and Children (abbreviated: P2TP2A). The purpose of this study is to analyze how the tasks, functions, and obstacles faced by P2TP2A Cianjur Regency, as an institution appointed by the local government in the prevention and prosecution of women and children who are victims of violence in Cianjur Regency and the efforts made by the local government to support P2TP2A, to be used as an evaluation to be even better in its functionalization. The method in this study uses a normative juridical and sociological juridical approach with descriptive research specifications. It uses data analysis, namely qualitative normative analysis, in that the data obtained will be arranged systematically for further qualitative analysis. Based on the results of this study, it is known that there are rampant cases of violence against women and children as victims in the Cianjur Regency. To overcome this, P2TP2A Cianjur Regency provides services for victims, including prevention programs and enforcement programs (curative and rehabilitative). The enforcement program here focuses on assisting victims, where there are three types of assistance: medical help, psychological juridical aid, and service. In implementing these programs, several obstacles were found that became obstacles that must be resolved immediately. One of them is the low level of attention and commitment of the Cianjur Regency Government in supporting the implementation of P2TP2A programs both materially and immaterially.
The Overplay Functions and Authority of The Sea Security Board (Bakamla) and The Sea and Coast Guard in Keeping Marine Security in Indonesia Suparto Suparto; Admiral Admiral
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : 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.v10i2.999

Abstract

Indonesia is a maritime country with a wide ocean. Geopolitically, Indonesia’s position is an international shipping lane. Therefore, it is necessary to have an institution that has the duty and authority to maintain sea and coastal security and shipping safety. The formulation of the problem is how the functions and authorities of the Sea and Coast Guard (SCG) and the Maritime Security Agency (Bakamla) are in guarding Indonesian seas. The research method used a normative juridical approach with secondary data and analyzed descriptively qualitatively. There are two overlapping institutions in carrying out their duties and functions, namely SCG which is regulated in Law No. Year 2008 concerning Shipping and Bakamla which is regulated under the Law No. 32 Year 2014 concerning Marine Affairs. The government intends that maritime security in Indonesia to be handled by the military, not civilians. This can be seen that the chairman of Bakamla is held by a general from the Indonesian Navy and is responsible to the President through the Coordinating Minister for Political, Legal and Security Affairs. While in Law No. 17 Year 2008 stipulates that SCG is under the Ministry of Transportation and is responsible to the President. Bakamla is more appropriate to be used as SCG, this is based on the consideration that Indonesia is a maritime country with wide seas with all its problems such as narcotics trafficking, human trafficking, terrorism, theft of marine resources, etc., so it would be more appropriate to submit it to Bakamla as a semi-official institution. military. As a consequence of this choice, it is necessary to revise Law No. 17 Year 2008 and Law No. 32 Year 2014.
Principle 5 C in The Practice of Peer to Peer Lending (P2P) Financial Technology in The Perspective of Business Ethics and Islamic Justice Hesti Dwi Astuti; Cucu Sholihah; Mualimin Mochammad Sahid; Abu Umar Faruq Ahmad; Yayan Sopyan; Uus Ahmad Husaeni
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : 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.v10i2.1019

Abstract

Non-bank financial service actors in the era of the COVID-19 pandemic made a breakthrough by creating fintech (Financial technology) through the development of Peer Peer Lending (P2P) or online loans. The purpose of this study is to analyze the implementation of 5C principles in the practice of peer-to-peer lending Fintech based on a review of Islamic business ethics. The method used in this research is a normative juridical approach with a descriptive research approach. The data that has been obtained will be arranged systematically for further qualitative analysis. This study concludes that principles and business ethics must be considered with the concept of “The Five C’s Principle of Credit Analysis” in either conventional or sharia systems. In the case of customers who choose a sharia online loan system, they must also pay attention to the ethical aspects of financial business in Islam, which is something that must be considered considering that in Islam, ethical issues are related to the determination of economic policies that will affect the halalness of service and the agreement of the parties. 
Strengthening The Maritime Security System in Realizing Indonesia as The Global Maritime Fulcrum Muhammad Rafi Darajati
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : 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.v10i2.1026

Abstract

The realization of Indonesia’s vision to become the Global Maritime Fulcrum depends on eradicating illegal fishing, reducing overfishing, and rehabilitating damaged marine and coastal environments. However, there are still frequent violations, and exploration in Indonesian waters has not been maximized, so the desire to realize Indonesia as the Global Maritime Fulcrum will be difficult to achieve. This study intends to examine how to strengthen the maritime security legal system to realize Indonesia as the Global Maritime Fulcrum. The research approach used is normative juridical. The author uses a qualitative approach to secondary legal data. The data is in the form of interviews related to the efforts made by stakeholders towards strengthening the maritime security system and realizing the vision of the Global Maritime Fulcrum. This study indicates that to realize Indonesia as the Global Maritime Fulcrum is to strengthen its maritime security system. There are three indicators based on legal system theory, namely optimal maritime security institutions, especially Indonesia Coast Guard, strengthening legal products related to eradicating illegal fishing, improving maritime security infrastructure, and creating new branding to continue to remind the public that Indonesia is a maritime state.
Complaint Authority for Constitutional Complaint by Indonesia’s Constitutional Court Sri Warjiyati; Kayode Muhammed Ibrahim; Safrin Salam; Umar Faruq
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : 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.v10i2.1070

Abstract

Constitutional Court will be able to provide protection for constitutional rights which will produce institutions that are able to provide answers to reforms. The presence of the Constitutional Court third amendment to the 1945 Constitution of the Republic of Indonesia, which became the basis of Article 24C. The legitimacy of the Constitutional Court in a limited way is formulated, namely: to begin, to investigate legislation that violates the constitution, to adjudicate disputes over the power of state institutions vested with constitutional authority, and to adjudicate the dissolution of political parties and settlement, the four general election disputes. In the modern state administration discourse, it currently requires the Constitutional Court to expand the scope of its authority in relation to Constitutional Complaints or commonly referred to as Constitutional Complaints. The necessity of one of these powers can be seen in the number of state institutions that violate the constitutional rights of citizens through the actions of these institutions. However, the channel for this complaint still does not exist, only that currently exists in providing protection for the right of Constitutional Complaints to be protected through judicial review of the basic constitution as regulated in the constitution.
Risk-Based Business License and Problems Arising After The Job Creation ACT Hariyanto Hariyanto
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : 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.v10i2.1082

Abstract

The emergence of the Job Creation Act, one of the aims of creating employment opportunities. In general, the administrative licensing process in Indonesia is a barrier to business transformation. Many licensing processes do not have clear protocols, demanding, lack transparency, and costly. So that the fundamental transformation in the Job Creation Law is the transformation of the business licensing paradigm in Indonesia. Switch from the traditional license-based licensing approach to risk-based licensing. This research aims to reveal how risk-based licensing actually is and what problems can arise in licensing when risk-based licensing is applied. This is a doctrinal study that takes a conceptual and legal approach. The analysis is in the form of primary, secondary, and tertiary legal materials. The data and materials collected were analyzed qualitatively and described by descriptive analysis. This paper concludes that risk-based licensing relies more on a thorough risk analysis. In the implementation of risk-based licensing, the regulator assesses several factors such as business activities, business performance history, and the risk management system in place. Based on these matters, the regulator then places business actors into several groups, according to the level of risk. Risk-based licensing, on the other hand, has a couple of problems. The first issue is ambiguous risk assessment as a result of the omnibus legislative format. Second, the volatile risk hasn’t been taken into account. Third, neither cumulative nor systemic risks have been taken into account. Fourth, there are unanticipated implementation challenges. Finally, there is the possibility of regulatory capture.
Over The Limit of Authority of The Constitutional Court In Resolving Disputes About The Results of The General Election Sodikin Sodikin
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : 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.v10i2.1087

Abstract

The limits of authority possessed by the Constitutional Court in deciding disputes regarding the results of general elections as stipulated in Article 24C paragraph (1) of the 1945 Constitution have given a narrow interpretation which is to assess the difference in the figures set by the KPU. The limited authority of the Constitutional Court has caused the decline in the quality of elections. The Constitutional Court does not dare to take on its broader authority even though its position as guardian of the constitution as well as the guardian of democracy. The wider authority of the Constitutional Court needs to be given that every election will always be followed by violations and fraud.
Paralyzing the WTO from the Inside: The Deadlock of the Appointment of Appellate Body Judges and its Repercussions I Gusti Ngurah Parikesit Widiatedja; Mohammad Qadam Shah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : 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.v10i2.1093

Abstract

The establishment of the dispute settlement procedure that consists of the Panel Report and the Appellate Body has been the most remarkable characteristic of the World Trade Organization. Aside from the most productive international dispute resolution process, it has consistently adopted a rule-oriented procedure in enforcing the commitments made during trade negotiations. Since the last five years, however, the dispute settlement process has confronted an existential crisis. While conflict resolution through consultations and panels continues, the process under the Appellate Body is forced to stop. The United States has impaired the appointment of additional judges to this body, preventing it from obtaining the quorum required to hear appeals. This paper aims to identify and analyze the deadlock of the appointment of the Appellate Body judges and its repercussions for international trade governance, including Indonesia. This deadlock could jeopardize the viability of the global trading system as there would be no proceeding to hear the dispute at the appellate level. Some cases that involved Indonesia would also be affected, particularly if the parties are willing to continue this process to the Appellate Body.  
Policies, Laws and Strategies for Responding to Cyberterrorism in Thailand Natthamon Petchkla; Sumonthip Chitsawang
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : 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.v10i2.1095

Abstract

This article explains the policies and strategies currently used in Thailand for responding to terrorism. This study uses in-depth interviews with technicians and policy analysis experts in the area of cyber-attack, including more than 30 people in 15 governmental agencies. Specifically, the study begins by exploring the definition of cyberterrorism. Moreover, the study uses document research in both Thai and English and concludes that Thailand’s governmental agencies understand the concept of cyberterrorism and have already established policies and strategies for responding to it in the future.
Dillemas of Bad Loan Settlement of Village Credit Institution (Lembaga Perkreditan Desa) in The Covid-19 Pandemic Situation I Nyoman Sujana; Leonito Ribeiro
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : 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.v10i2.1104

Abstract

This paper analyzes the dilemma of resolving bad loans of the Village Credit Institution (LPD) in the Covid19 Pandemic Era. The focus of the study is the problems faced by the Village Credit Institution (LPD) in resolving bad loans in Bali Province during the COVID-19 pandemic era. This study was conducted because LPDs in Bali experienced difficulties in securing credit even though the collaterals or guarantees were imposed with a mortgage as well as a Fiduciary during the Covid 19 period. As an analytical device on the legal issues studied, the author applied the theory of the welfare state with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the results of the study, it is found that the settlement of bad loans at the LPD is in a dilemma. “Internally“ the LPD noticed that the debtors, members of the traditional village, are taking refuge behind the Covid-19 pandemic situation, and denied their obligations. In the collateral cases, even though Mortgage Rights have been imposed with a fiduciary, settlement is about to be carried out, it turns out to be controlled by a third party who is a member of the Customary Village to execute loan settlement through the expropriation of the collateral by execution parate. This type of action is not allowed based on the principles of Balinese customary law paras, parosegilikseguluk, sarpanayasabayantaka. In this case, the LPD should go back to court. Meanwhile, “externally” the economic atmosphere affected by the Covid-19 pandemic has not yet recovered. Therefore, LPD faces a difficult choice between settling bad loans to recover the cash flow of a company, and taking measures to save credit by rescheduling, restructuring, and reconditioning. This rescue measure has become a heavy burden for LPDs to fulfill their obligations to credit customers.

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