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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 12 Documents

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Search results for , issue " Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM" : 12 Documents clear

KONSTRUKSI PERLINDUNGAN HUKUM BAGI PENGADU/PELAPOR KERUGIAN KONSUMEN DARI TUNTUTAN PENCEMARAN NAMA BAIK OLEH PELAKU USAHA/PRODUSEN Zuhairi, Ahmad
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

Now, many consumer who report bed business practices that lost consumer are sued back by businessman. These we can see in the case Dewi Prita Mulyasari, Fery Kuntoro, Fifi Tanang and so on. The accident made a traumatic to consumer who report. It is the problem in consumer protection in Indonesia. That why, this writing try to study implication of law because there is no macanism of law protection to reporter consumer and how to make a rule which give guaranty protection of law to reporter consumer. Purpose of this research is to give a solution in dilemma revenge action from businessman and to encourage honest and responsible business practice atmosfer. This research is normative research with statute approach, conceptual approach and comapartive approach. Implication of nothing rule in national act concerning to protection of law for reporter consumer is businessman can sue consumer with aspersion, inconsistent protection of law for consumer and created much cosumer crime. Thus, construction of law which give protection of law for reporte consumer from aspersion is nomativly there is rule which give imunity for reporter lost consumer from aspersion until there is judgment decision. In application, there is rule which give a policemen reject sue aspersion before judgment decision. Key word; Protection of law, reporter consumer, aspersion

AUTHORITY OF THE BUSINESS COMPETITION SUPERVISORY COMMISSION (KPPU) IN CASE MANAGEMENT COMPETITION (STUDIES COMPARATIVE IN INDONESIA BY COMMON LAW SYSTEM COUNTRIES) Sapitri, Baiq Ervinna
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

Each state is required to have regulations governing the activities of the market and establish a special commission to oversee and prevent unhealthy competition, such as in Indonesia with the Act No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Competition, in the form of a special commission that is KPPU. The Commission is authorized to conduct research and investigations, but the Commission does not have the authority to conduct a search on their own. Different than the institutions like in some common law countries have independent authority conducting the search.Keywords: Authority, KPPU, Common Law Countries

RECOVERY OF CORRUPTION ASSET SH, Mawardi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

Asset recovery implementation that perform by prosecutor based on Article 18 letter b Law Number 31 Year 1999 on Corruption Eradication juncto Law Number 20 Year 2001 on Amendment Law Number 31 Year 1999 on Corruption Eradication. Whether there is any loss from corruption, it will rise obligation toward the convict to restitute amount of money as the consequence of their action. To restitute the money, it can be done by confiscation or auction the corruption result by the convict equal to the loss. Attorney General can perform the execution for asset recovery to accomplish corruption case. Key Word : Recovery, Corruption Asset, Criminal law

EFFORTS TO FORCE THE IMPLEMENTATION OF THE COURT RULING THE COUNTRY IN PROVIDING LEGAL PROTECTION TO THE COMMUNITY ,SH, Lubna
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

This research aims to analyze efforts towards implementation of the Court decision forced The Countryâs Efforts in providing legal protection to the community. The legal issues that arise in this research include: How the implementation effort forced The Court ruling against the State in providing legal protection to the public and factors what are the obstacles in the implementation of the ruling of the Administrative Court of the State. This research is the normative legal research based on the consideration that this study departs from a Legislation Regulatory analysis explains the legal aspects related tho the forced attempts against the Court ruling The country. The approach used is a statutory approach, approach to the concept, approach comparison. Legal materials collection techniques with the study of librarianship. After it is done processing the law by holding systematization then do reasoning logically and systematically with descriptive qualitative analysis and draw conclusions by deductive way. Based on the results of the study it can be concluded, that a comparison of forced efforts against the Court ruling between Indonesia and Thailand has a lot in common countries, in Indonesia have less strict attitude in enforcing the law and provide protection to the community with regard to the implementation of the ruling of the Administrative Court of the State. In addition, the implementing rules, there is not a more detailed regarding the implementation of the forced attempts againts the Court ruling The country. The State Administrative Court need movement in creating the rules and regulations implementing the unequivocal.Keywords: Effort force, Court rulings, Legal protection.

THE ROLE OF THE OMBUDSMAN OF THE INDONESIAN REPUBLIC IN WEST NUSA TENGGARA IN PROMOTING THE LOCAL GOVERNMENT COMPLIANCE TOWARD THE ACT NO. 25 OF 2009 CONCERNING PUBLIC SERVICE Hakim, Adhar
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

The research aims to study the application of the role of the Ombudsman of the Indonesian Republic in West Nusa Tenggara in promoting the local government compliance toward the Act No. 25 of 2009 concerning public service and analyze the policies to strengthen the function and the role of the Ombudsman of the Indonesian Republic. This is a normative research. It begins with a statutory analysis to explain the function and the role of the Ombudsman of the Indonesian Republic to control public service in the province of West Nusa Tenggara. This research applies statutory, conceptual, and socio-legal approaches.Â This research shows that the role of the Ombudsman of the Indonesian Republic in promoting the local government compliance toward the Act No. 25 of 2009 concerning public service relates to some constitutional agenda of government to support local government to conduct bureaucracy reform, good government enforcement, and ascertaining public right to control government. Therefore, it needs constitutional basis. Keywords: Strengthening Role, Compliance, Local Government

PEMBUKTIAN TERBALIK DALAM PEMERIKSAAN TINDAK PIDANA KORUPSI DI INDONESIA SH, Nurhayani,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

The number of cases of corruption have led to public distrust of the legal and criminal justice system. One of the verification system in case of corruption is reversed burden of proof. This study aimed to analyze the reversed burden of proof in terms of what is charged to the defendant in a corruption case, analyzing the application of reversed burden of proof in cases of corruption and constraints. This thesis research type is research of normative law. The theory used is the theory of law enforcement, evidence theory, the theory of justice. Results of the research that has been done is reversed burden of proof in cases of corruption applied to bribery accept gratuities worth 10 million upwards and towards proving property belonging to the defendant who has not been charged but allegedly derived from criminal acts of corruption as well as the adoption of reverse authentication is done by the judge ordered the defendant to prove that his property obtained legally. Barriers to implementation of proof in terms of the substance of the law is still weak because it is still limited to the recognition of rights of the accused but not the obligation defendant to prove the upside, in terms of legal culture is still dominant prosecution to prove the charges.Keywords: Evidence upside, Inspection, corruption

THE ASPECT OF THE CONTRACT LAW REFORM WITHIN THE REGULATION OF INDONESIA Wagian, Diangsa
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

The research aims to study the aspect of the contract law reform within the virous regulations living in Indonesia. To obtain the purpose, the research is conducted through a legal normative study. It simultaneously applies to statute, conceptual, and case approaches. This research is conducted through a literature study towards the relevan legal materials. The results of the research elaborated in a descriptive and analytic way using qualitative methods to analyze the data. The research discovers that the norms of Contract law as stipulated in the Book III of Indonesian Code Civil have been gradually and continuously reformed by Indonesian governments since 1960. The reform is carried out partially and spread in various regulation as explained above. Therefore, nowadays in Indonesia, the contract law not only exists in the Book III of Indonesian Code Civil but also in various relevant regulations. The reform has been conducted by the government by breaking through one of the very basic principle and the backbone of contracts law, is that the freedom of contract. As a result, parties in contract have no more absolute freedom to contract or to determine the clauses of contract. Such policy made by government to protect public interest and inferior or subordinate party in a contract. Thus, the contract law nowadays shows that it is not purely private anymore but containing public aspect, where penal and administrative laws penetrate to it. Key Words: Legal Reform, Contract Law, Regulation

THE CRIMINAL POLICY FORMULATION AT LAW ENFORCEMENT PENAL FORESTRY Wirya, Astan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

The criminal policy formulation at law enforcement penal forestry on this thesis is about problem and what criminal formulation policy in tackling a forestry criminal act and what competence and effort to eliminate forestry destruction institution (LP3H) based on ordinance number 18 years 2013, regarding prevention, and elimination of forestry impairment, this research is about normative and doctrinal law and supporting by law element such premier, secondary and tarsier law. Approach system in this thesis using statue approach, conceptual approach, historical approach, meanwhile an analyze research basic law interpretation with deductive and inductive concept as the explanation, logic interpretation and systematic. The criminal policy formulation at law enforcement penal forestry has been direction through criminal law regulation (KUHP), an ordinance number 5 years 1990 regarding ecosystem resource and conservation, an ordinance number 41 years 1999 regarding forestry and ordinance number 18 years 2013, regarding prevention and elimination of forestry impairment, an criminal law enforcement policy on the ordinance number 18 year 2013 has been divide a type of criminal case, criminal responsibilities and criminality system with minimum particularly up to maximum which criminal responsibilities distinguish into personal, person to person around forestry, corporate, and government authorities. An ordinance number 18 years 2013 regarding the P3H, dedicate and declare tackling a forestry criminal act and what authority and effort to eliminate forestry destruction institution (LP3H), those institution under president supervise, institution element including Forest Ministry, Indonesian Police, Public Persecutor and others, institution structure lead by a chairman helping by some deputy such as prevention deputy broad, measures, law, and cooperation, internal supervise and community complain deputy, P3H institution has right and function for forest destruction prevention, by input the local community participate, fill up a basic resource, campaign of forest destruction. a right of law measures, investigation, pursuit, up to court interrogation. Institution P3H also has right and function to coordinate supervise a criminal forest lawsuit act.Key word : Criminal policy, formulation law and penal forestry.

PEMISAHAN KEWENANGAN BANK INDONESIA DENGAN OTORITAS JASA KEUANGAN DALAM PENGAWASAN BANK Solahudin, Ahmad
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

The development of the banking industry can not be separated from the Central Bank of Indonesia as an authority to supervise banks in Indonesia. Law number 23 year 1999 about the central bank of Indonesia is a reference to the regulations of central bank in carrying out their duties. In the 34 sections of Law number 23 year 1999 as amended by Law number 3 year 2004 mandated the transfer of authority to the supervision of central bank to new institutions, namely the Financial Services Authority. But in the 4 sections (1) subsections was declared the authority of Bank Indonesia, the central bank one of which is to regulate and supervise banks. So there is a conflict between the norms of the sections. So there is a conflict between the norm of the sections. There is also the contradiction of sections in the law number 21 in 2011 about financial services authority which led to a norm that is blurred namely between sectionsÂ 40 to sections 7 of the letters d and sections 39 with sections 8 of the letters d related to the authority which has moved to the financial services authority but bank indonesia can still carry it out.Keywords: supervision, Indonesia Bank, Financial Services Authority

SANCTIONS IMPLEMENTATION ON CHILD AS CRIMINAL ON RESTORATIVE JUSTICE PERSPECTIVE (POLRES MATARAM JURISDICTION) ,SH, Fahrurrozi
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

This research aims are to analyze the implementation of sanction on children as criminal in restorative justice perspective. Legal issues that arise on this research are, how is the sanction implementation on children as a criminal on restorative justice perspective in Polres Mataram Jurisdiction and how the effectivity of sanction implementation on children as criminal on restorative justice perspective in Polres Mataram Jurisdiction.Â This research is normative-empirical legal research beside the use of statute this research also use the data on the field related to the issues on this research. Can be concluded that the sanction implementation against children as criminal on restorative justice perspective in Polres Mataram Jurisdiction is be returned according to articleÂ 11 and 71 paragraph (1) letter b number 3 Law Number 11 Year 2012. And the effectiveness on sanctions implementation against children on restorative justice perspective in Polres Mataram Jurisdiction is quite effective because of victim, criminal and society feel satisfied with the restorative justice settlement. Kay Word : Sanctions, Children, Restorative Justice.

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jurnalius

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jurnaliusunram@yahoo.com

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Location
Kota mataram,

Nusa tenggara barat

INDONESIA