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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 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN" : 13 Documents clear

THE EXECUTORIAL FORCE OF RULING OF ADMINISTRATIVE COURT AND THE IMPLICATIONS IN PRACTICE Gatot Dwi Hendro Wibowo, Firzhal Arzhi Jiwantara &
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

This thesis entitled force executorial administrative court ruling and the implications in practice, discusses the mechanism of execution of the decision of the Administrative Court, the obstacles in the process of execution of the decision of the Administrative Court and the efforts that are made to the administrative court ruling that is not carried by the official / TUN Agency . This type of research is normative and assisted legal research / materials reinforced with empirical law in order to simplify and refine the analysis . The approach used is legislation approach , conceptual approach , approach cases , comparative approach . So that research results can be drawn that the mechanism of execution of court decisions TUN namely : Decision inkracht , after 60 working days the defendant did not perform its obligations , the decision has no legal force again and turns 90 working days of the obligation is not performed , the plaintiff filed a petition to the President of the Court order the court ordered defendant to implement the decision of the court , the defendant is not willing to implement the decision inkracht forceful measures imposed in the form of payment of a sum of money and forced or administrative sanctions and announced in local print media by him, since non-compliance of the court and the chairman shall submit to the President as the highest authority for TUN ordered officials to implement the courtâs decision . So there was a bottleneck in the execution of the ruling Justice TUN namely : Verdict Amar , execution barriers TUN official verdict is due to the position of Regional Chief Political Officer , execution barriers TUN official verdict caused the accused are officials who received the delegation of authority false , barriers of understanding TUN officials the State âs theory of law and AAUPB , technical barriers , barriers juridical ; Barriers related to legal principles , barriers in terms of the limited authority of judges , Barriers due to changes in the system of regional autonomy , Barriers due to noncompliance TUN officials and effort to do the administrative court ruling are not carried by the official / TUN Agency as criminal Attempts by the police to file a criminal report with the basic law 216 of the Criminal Code and civil efforts filed a lawsuit in state court using Article 1365 of the Civil Code as the basis for a lawsuit .Keywords : executorial power , Mechanisms , Barriers and Efforts .

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

LEGAL ASSISTANCE IS NOT JUST PRO BONO PUBLICO WORK BUT IT IS A RESPONSIBILITY OF AN ADVOCATE Utari, Bq. Ishariaty Wika
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Legal assistance free of charge is the right for the poor to get a plea of an advocate or public defender who works for a legal assistance organization. The principle of equality before the law is guaranteed in the Indonesian legal system for recognition of individual rights. If there is no equality before the law, individual rights was actually absolutely nothing. There is no exception for the equality before the law such as occupation, position, background, origin, immunity, socio-economic strata, rich-poor, race, ethnicity, color, ancestry, culture and others. Legal obligation is the responsibility of an advocate to provide legal assistance free of charge, especially belonging to the client who can not afford the lawyer fees. In countries where the law has been advanced democracies, legal assistance free of charge to the poor is no longer the mercy of the lawyers, but has become a society where the rights of the lawyers are . It has been a consequence of the existence to advocate in the midst of the poor, but have started to realize their rights.Key word: legal assistance for the poor

DELEGATION OF PARTIAL AUTHORITY OF MATARAM MAYOR TO SUB-DISTRICT AND VILLAGE HEADS REGULATED BY REGULATION NUMBER 22 OF 2013 Baktiyanti, Bq.
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Partial Delegation Of Authority Mataram Mayor To Sub-District And Village Heads Regulated By Mataram Mayor Regulation Number 22 Year 2013 About Partial Delegation Of Authority Mayor To Sub-District And Village Heads. Delegation of authority among levels of government or organizational structure is common in the administration of government affairs period of regional autonomy. Mataramâs mayor Regulation No. 22 Year 2013 About Partial Delegation Of Authority Mayor To Sub-District And Village Heads, is one of the local laws governing the delegation of authority in Mataram. The problem in this study consists of First , the correspondence between the Mayor Mataram Regulation No. 22 Year 2013 on legislation higher ; Second, Mayor Mataram Implementation Regulation No. 22 of 2013 ;Third, efforts to overcome obstacles in the implementation of the regulations mayor. This study used a Normative and Empirical approach, the data obtained in the form of primary and secondary data in the form of legal materials. The data collection techniques performed by the study documentation and interviews. Then the obtained data were analyzed qualitatively. The results showed that the Mayor Mataram Regulation No. 22 of 2013 as the legal basis delegation of authority to the sub-district and village heads in the city of Mataram, was contrary to the Regional Regulation No. 5 of 2008 Mataram. This raises a legal uncertainty and lead to overlapping of authority between agencies associated with the delegation of authority. Besides the fact that it met affairs delegated to the sub-district and urban village mayor in Mataram , mostly a long and routine affairs that has been carried out by sub-district and village heads in Mataram. The new affairs mentioned is House Rental management, implementation of environmental cleanliness Management, and restructuring street vendors (PKL). Regarding the constraints encountered in the implementation of the delegation include budgetary constraints, facility / infrastructure support and the absence of additional personnel and community participation to support the execution of these tasks is low .Keyword : Delegation of authority of, Mayors and Village Chief

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 SYSTEM OF COST MANAGEMENT OF HAJJ ACCORDING TO THE PERSPECTIVE POSITIVE LAW IN INDONESIA ,SH, Burhanudin
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Regulation of Hajj is regulated in Act Number 13/2008 on Implementation of Hajj. Legal certainty for Indonesian citizens who want to carry out the pilgrimage to the holy land of Mecca is organized by hajj organizers and management systems. Legislation approach (Statute Approach) is conducted by reviewing all laws and regulations cost management of hajj, while Conceptual Approach is examines the views / draft experts regarding the Cost Management of hajj. According to the positive law, cost management of hajj are based on Act Number 13/2008 on Management of Hajj, Minister of Religion Regulation Number 10/2005 and Minister of Religion Decision Number 396/2003 on Management of Hajj, stated that cost management of hajj are manage by The Minister of Religion in cooperation with the Sharia Bank and conventional bank that accountable to President and Parliament. However, the cost management of hajj is not provide benefits to the principle of Indonesian pilgrims. From the nine principle of good governance, there are three principles that implemented, which are principle of participation, responsiveness, and principle of consumers oriented. The other six principles that have not done are the principle rule of law, transparency, fairness, efficiency, accountability and strategic vision principle. The ideal cost management of hajj in the future is by using the management system that directly, fast and transparent (DFT).Keyword: Cost Management of hajj, Positive Law

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

FASTENING TRANSFER OF TECHNOLOGY THROUGH THE FRANCHISE AGREEMENT Asikin, Zainal
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

The major improvement of franchise practices in Indonesian within the last 10 (ten) years has speeded to many region. Yet the government and local government under informed about the exact concept and regulation of franchise. Therefore this research meant to find out the concept of franchise and how the government regulate franchise agreement and its relation with transfer of technology. This research in a normative research as a way to depth study legal norms in various primary and secondary legal sources in Indonesia. In fact, in Indonesian the practice of franchise has developed widely without having a particular law to regulate formulate a law to regulate franchise particularly, as the regulation in form of governmentÂ regulation (PP No. 42 of 2007) is inadequate to solve the complex legal problem of franchise practice.Keyword : franchise, agreement, transfer of technology

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

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

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Contact Name
jurnalius

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jurnaliusunram@yahoo.com

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Location
Kota mataram,

Nusa tenggara barat

INDONESIA