Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Jurnal IUS (Kajian Hukum dan Keadilan)

IUS
Website

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 597 Documents

1 2 3 4 5

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

JUSTICE AND LEGAL CERTAINTY FOR LAND TITLE HOLDERS IN THE PROCUREMENT OF LAND FOR PUBLIC PURPOSES Basri, Hasan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The land acquisition process for public interest in many case donât work properly. It usually causedby the reluctance of land ownership right holders to release their land. Generally because theyfelt their rights were unprotected especially the right to get proper compensation. This researchaimed to find out and to understand about legal protection to the land ownership right holdersin land acquisition for public interest and its implementation by studied case of land acquisitionfor PLTU (steam power plant) development in west Lombok . This research used a normativeâsociological research method which focus on the ârealization and implementationâ of normativelegal (in abstracto) in certain legal case (in concerto) or in other phrase methods of this researchmeant to see how legal works in the society. Research result shown that land ownership rightholders in land acquisition for PLTU development in west Lombok did not get optimum legalprotection which caused by unserious attention from the regulation of land acquisition for publicinterest to this matter. Beside that, the official of land acquisition for public interest did not gavetheir maximum effort to protect related rights and the reluctance of land ownership right holdersto registered their land also causing lack protection of their rights.Keywords: Legal Protection, Land Acquisition

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

CONCEPT OF RULE OF LAW IN RELATED TO FREISS ERMERSSEN AUTHORITY ON WELFARE STATE ,Sh, Rusnan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

The History of welfare stateâs emergence, which explains when the concept of rechtsstaat was introduced in the 19th century and beginning of 20th century the circumstances was dominated by the idea that state and government is passive or intervention absence in citizen affairs except in public interest such as war and foreign relations. State only considered as ânachtwacther stateâ which means night watchman state, these ideas according to the prevailing of economic liberalism concept at that time were in control of âLaissez faire, laissez allerâ argumentation means if every person was given the freedom to take care of each economy, the State economy itself will be healthy. But the result of liberalism, in 1931 economic crisis emerged, thus demolishing world economy. To cope with the economic crisis state aid is needed and resulting the state began entering public life and since that the theory of welfare state growing rapidly. Type of welfare state or modern state law explains that the principal tasks of the state is not only in law enforcement but also to achieve social justice (social gerechtigheid) for all the people, to reach that the public administration needs freedom (freiss Ermessen) or pouvoir discretionaire in carrying out its functions (bestuurszorg). As a logical consequence of widespread state intervention in all aspects of peopleâs lives in a welfare state it would appear the issues in the government conduct due to Freiss Ermerssen given by the public administration in making public policy, generate possibility of arbitrary action against citizens. But keep in mind that the Freiss Ermessen is to resolve the problems that appear suddenly as a consequence of crisis. Kaywords : Rule of Law, Freiss Ermessen, Welfare State

OUTSOURCING OF LABOUR AS AN OBSTRUCTION TO WELFARE Diangsa Wagian, M. Yazid Fathoni &
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Act Number 13 of 1999 concerning Employment provide for company to perform management efficiency and financial efficiency by outsourcing employment system. In contrast with developed countries, outsourcing in Indonesia, based on Act Number 13 of 1999, intended not to find workers who have specially expertise or specially ability, but to find worker to fill non core business job category in the company or activities not directly related to the production processKey word: outsourcing, workers, protection

THE LEGAL PROTECTION OF COMMUNITY RIGHTS IN AREA SPATIAL PLANNING OF MATARAM CITY BASE ON THE LOCAL REGULATION NUMBER 12 YEAR 2011 ,SH, Arba
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

This research aims to revile, analyze and comprehend the policy of the Spatial Plan in terms of the normative aspect, especially to analyze the legal protection of rights and community participation. This research will be conducted to analyze as normative the policies and strategies of spatial use patterns of Mataram City base on the Local Regulation of RTRW Number 12 Year 2011, and to analyze the legal protection and alignment to peopleâs rights as one of the stakeholders. This research is normative research, so the main approach method that used is normative approach, consist of the legislation approach (statute approach), conceptual approach), analytical approach, and historical approach. The results of research after analyzed as normative and qualitative, shows that conceptually the rights of individuals and communities have regulated and protected by the State Constitution, is the 1945 Constitution and the various legislations, particularly those regulation of Spatial Planning (Act Number 26 Year 2007, Government Regulation Number 15 Year 2010 and Government Regulation Number 68 Year 2010). In addition, base The Acts Number 12 Year 2011 on the Establishment of Legislation that every establishment of legislation should involve the community. As well as the Local Regulation of Spatial Plan Number 12 Year 2011 has regulated and protected clearly the rights and obligations of the community, but the community involvement in making RTRW is limited public consultation only. Though the forms of public participation base on the Acts and Government Regulations is not only a public consultation but the participation in preparing and planning the space regulation. Therefore, the Government of Mataram City in order to provide the legal protection of community rights as one of the stakeholders well, then after five years of enactment of Regulation, shall conduct a review, and public participation should be prioritized.Keyword : Policy, People Right, Special planing

MUDHARABAH PRINCIPLE OF BANKING PRODUCTS Ibrahim, Khudari
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Mudharabah principle is the uniquely part of Islamic banking products, because it has a philosophical difference between the conventional banking system and Islamic banking that followed the principle split profit or losses. Mudharabah is a venture capitalists partnership include owner (sahib al - mal) and entrepreneurs (mudharib), aiming to make a profit (al-ribh) and divided as agreement in the contract. The scheme is divided into types mudharabah muthlaqah (unrestricted investments) and Mudharabah muqayyadah (investment tied). Application of the provisions of mudharabah governed according to Islamic principles as mandated by the laws of Islamic banking. Mudharabah arrangement according to the perspective of law codified in the form of classical literature form the Islamic principles of ijtihad of the scholars in context of traditional patterned times. While in modern, mudharabah arrangement has grown to be a part of Islamic banking products based on The Sharia National Fatwa Council. According to the positive law perspective, adjustment of the mudharabah principle are listed on Islamic Banking laws that clarified by the Regulation of Bank Indonesia as the rule of procedure. Application of the principle of mudharabah in the agreement (contract) in Islamic banking contained the improvisation about insurance which unregulated through the National Fatwa Council and because it is violate Sharia principles of Sharia compliance.Keyword : mudharabah principle, partnership and Islamic Banking.

THE OVER USE OF PLANTATION LAND DUE TO BECOMING TOURISM AREA IN THE PERSPECTIVE OF SPACE PLANNING ,SH, Zubaidi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Conversion of the land is a land use or land be put into function a form other than in accordance with the previous function parties interests involved in over the function. Over the function of plantation land into a tourism district is function a farming area to area tourism or business tourism services such as hotels, villas, resorts and tourism business. Each activity over the function of land or land use can not escape from the spatial aspects . Code space is a structure of space and pattern space. while Setup is a system of spatial planning processes , space utilization and operation of space utilization . Each activity over the function of land into a tourism area should refer to the relevant spatial area and not detrimental to the interests of others . And slowly over the function of each activity should be referred to the natural environment to maintain the balance of ecosystems and sustainable developmentKeywords : Land Function Conversion, Tourism , Spatial

CLIMATE INVESTMENT IN PROVINCE PERSPEKTIF ACT NUMBER 25 YEAR 2007 Sofiana, Ulya
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Climate Investment In Province Perspective Act No. 25 Year 2007. Investment is important to improve economic of a country. Today, receiving foreign capital no longer consider the entry of foreign capital as a threat, or seen as, suspect, now developing countries argue that foreign capital can provide stock, bring managerial expertise, knowledge, capital and market connections. Issues to be studied in this paper is what should be considered by the state and the region to make investors interested in investing. The approach used in obtaining the data is normative juridical approach, which analyzes the roles of investment regulations relating to matters affecting the development of the investment climate. Investment climate needed to make investors willing to invest in economic activity in a country and region, meaning that the investment climate that raises investor confidence in the capital to be invested in certain businesses will benefit in the future. Investments generally require substantial funds and effect company in the long term, so investors are cautious to invest substantial funds if it is not profitable, therefore to support the creation of a favorable investment climate requires a study of the feasibility study on whether or not an investment project implemented and watched some good factors supporting and inhibiting factors such as regulatory policies regarding investment, rule of law, political stability, security, manpower, adequate facilities and so on.Key words : investment, investor, capital, province, economic, law, act

THE DISPUTE SETTLEMENT OF PROCUREMENT LAND DETERMINATION COMPENSATION (Study on the Law Number 2 Year 2012 on Land Procurement for Public Interest Development) ,SH, Hamdi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Procurement of land for development for common interest should be implemented based on the principles of humanity, expedience, certainty, transparency, agreement, participation, livelihoods, sustainable and alignment. With this principle is applied to the implementation of the land acquisition can minimized occurrence the conflict in land acquisition. Providing the compensation on holders of land rights is feasible and equitable, viable and feasible in terms of the amount of the gift means that holders of land rights do not feel forced to relinquish their land primarily used for the development interest based on respect on holder rights. Deliberation in the land acquisition done as much as possible and remain in a neutral position and remained on the same level and no one is feeling pressured or forced, perinsip respect for the holders of land rights set forth in the Acts Number 2 Year 2012 to provide the legal protection and in providing the compensation no cause the land rights holders no worse its condition than before the release of land rights. Keywords: compensation, land acquisition, public interest

Page 1 of 60 | Total Record : 597

1 2 3 4 5

Filter by Year

2013 2023

Filter By Issues

All Issue Vol. 11 No. 1: April 2023 : Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 2: August 2022 : Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 2: August 2022 : Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 1: April 2022 : Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 1: April 2022 : Jurnal IUS Kajian Hukum dan Keadilan Vol 9, No 3: December 2021 : Jurnal IUS Kajian Hukum dan Keadilan Vol. 9 No. 3: December 2021 : Jurnal IUS Kajian Hukum dan Keadilan Vol 9, No 2: August 2021 : Jurnal IUS Kajian Hukum dan Keadilan Vol. 9 No. 2: August 2021 : Jurnal IUS Kajian Hukum dan Keadilan Vol 9, No 1: April 2021 : Jurnal IUS Kajian Hukum dan Keadilan Vol 8, No 3: December 2020 : Jurnal IUS Kajian Hukum dan Keadilan Vol 8, No 2: August 2020 : Jurnal IUS Kajian Hukum dan Keadilan Vol 8, No 1: April 2020 : Jurnal IUS Kajian Hukum dan Keadilan Vol 7, No 3 (2019) Vol 7, No 2 (2019) Vol 7, No 1 (2019) Vol 6, No 3 (2018) Vol 6, No 3 (2018) Vol 6, No 2 (2018) Vol 6, No 1 (2018) Vol 5, No 3 (2017) Vol 5, No 2 (2017) Vol 5, No 1 (2017) Vol 4, No 3 (2016): HUKUM YANG BERKEADILAN Vol 4, No 2 (2016): HAK DAN PERLINDUNGAN HUKUM Vol 4, No 1 (2016): HUKUM DAN TANGGUNG JAWAB Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM Vol 3, No 3 (2015): HAK MENGUASAI (Monopoli) NEGARA Vol 3, No 2 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA Vol 3, No 1 (2015): LOGIKA DAN TEROBOSAN HUKUM Vol 2, No 6 (2014): PLURALISME HUKUM Vol 2, No 5 (2014): HUKUM DAN TATA KUASA Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN Vol 2, No 3 (2014): PLURALISME HUKUM Vol 2, No 2 (2014): HUKUM DAN TATA KUASA Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI? Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI? Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
jurnalius

Contact Email
jurnaliusunram@yahoo.com

Phone
-

Journal Mail Official
jurnaliusunram@yahoo.com

Editorial Address
-

Location
Kota mataram,

Nusa tenggara barat

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name jurnalius

Contact Email jurnaliusunram@yahoo.com

Phone -

Journal Mail Official jurnaliusunram@yahoo.com

Editorial Address -

Location Kota mataram, Nusa tenggara barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
jurnalius

Contact Email
jurnaliusunram@yahoo.com

Phone
-

Journal Mail Official
jurnaliusunram@yahoo.com

Editorial Address
-

Location
Kota mataram,

Nusa tenggara barat

INDONESIA