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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 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?" : 12 Documents clear

NEW FORM FOR TERRORISM VIS-À-VIS TRAFFICKING AS CRIME IN DISGUISE Ani Suryani Hamzah
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

The metamorphosed of trafficking crime is on the level of sophisticated, sophistication, so that the crime look “normal” to as if “legal”, the trafficking agents, making the blurring of the crime. The implication, as if the crime of trafficking in human justified. In fact, the higher the blurring of crime effort, the higher the quality of the crime. Trafficking as a hidden crime is a extraordinary crime that how to prevent and fight with extraordinary waysKeywords : Trafficking, Extraordinary Crime, Covert

THE SETTLEMENT OF THE DISPUTE OF “COLLECTIVE” VIOLENCE BY THE POLICE M. Yusran
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

Indonesia Republic State Police is a tool that plays a role in maintaining state security and public order, enforce the law and provide protection, guidance, and service to the community within the framework of maintaining internal security “. According to Police Act Number 2 of Year 2002 in Article 18 explained that the police were given the authority under certain circumstances to do according to his own judgment or be known as a functional discretionary powers which puts persons of police as a central factor in law enforcement. Discretion is the authority of the police to make a decision or choose different actions in resolving issues of law or violation of criminal cases are handled. Police discretion is an authority given to the police, to make decisions in certain situations that require separate consideration and involves moral issues and lies within the boundary line between the legal and the moral. One of the scope of police discretion is collective violence. Collective violence is violence committed by a group of people who performed together , this collective violence associated with irrationality, emotionality and impersonation individuals who escape the social restrictions of a social organization. Individuals who are in a group / crowd considered mimic each other, so that mutually reinforce and enlarge emotionality and irrationality of others Keywords : Policing , Discretion , Collective Violence

THE INJUSTICE OF DISTRIBUTING MARITAL PROPERTY (HARGA GINI GONO) IN DIVORCE CASES Sri Hariati & Musakir Salat
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

After a divorce happened does not mean the family has completed all are problems, but still leave residual problems such as child marriage ( if have children ) and property acquired during the marriage, property acquired during marriage is still related to what is called the joint property or property known Gono gini, disputed the division of joint property, can generally be described that the dispute resolution division of joint property, the division of matrimonial property ( assets gono gini ) to the wife in a divorce often lead to inequality in various aspects especially in the division of matrimonial property ( assets gono gini ) . Observations did about the value of unfairness in the division of joint property in the Village Suralaga in Suralaga District of East Lombok. Inequities in the division of matrimonial property on divorce post implied from several factors including the cultural ideology of patriarchy is still evolving at this time, but it also inequities in the division of joint property caused by the system of inheritance law on which the decision is still indicated the existence of discrimination against women as the dominant party gets unfairness in the process of division of joint property, this occurs because the shape of the existing policy.Keywords : Injustice , Treasure Gono-Gini and Divorce

THE EXISTENCE OF CUSTOMARY LAW IN THE POLEMICS OF POSITIVE LAW – A STUDY FROM THE PERSPECTIVE OF CONSTITUTIONAL LAW M. Saleh
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

As a member of the law family, the Adat law is one form of positive law which plays particular role and contribution in the making process of the whole positive law in Indonesia. Existence of Adat law in the constitutional of Indonesia painted its own color. As one of the oldest customary law in the life of local community Adat law has become the seed and formatting idea of Indonesia’s national law where Adat Law has widely influenced other positive law. Keywords: Adat Law.

THE SIGNS OF THE ‘DEMISE’ OF INDONESIAN LAW Sumaryati, SH
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

One of the purpose of the formulation and enactment of laws in Indonesian is to create of a peaceful, comfortable, orderly, and fair. Basically the purpose of the law can be approached from the essence of law . The essence of law or rules is to protect the rights of the community, and provide opportunities “more “ to the public . Thus the people who obey the law, their rights as citizens are protected and realized, as well as having the opportunity to be compared with other community members. Example, if the other party is not known, then the corruption, cheating can be done. If there is no police, the traffic violation can be done. As one consequence legal purposes not materialized in public life. Justice is still a very high value, well-being has not been felt by the majority of society , feeling comfortable, peaceful, and orderly atmosphere that is missed by the people. That there are signs of not implemented of rule or law. The signs of not implemented law, can be expressed as a sign of “ legal death “, in the sense that the law does not function in accordance with the function, role, and purpose . The application of the law in the reality of people’s lives , still formalistic, have not enactments expressly sanction yet, the judicial mafia. Those are phenomenal the “ death “ of law in the country of Indonesia.Keywords : Nature of law, causality of law, existence of legal, law enforcement

MONOPOLY OF HAJJ PILGRIM TRANSPORTATION BY THE GOVERNMENT Bq. Raehanun Ratnasari
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

Implementation of the Hajj is regulated in Law No. 13 of 2008 concerning the organization of the pilgrimage. This law provide legal certainty for the citizens of the State of Indonesia (WNI) who wish to perform the pilgrimage in the holy land of Mecca with a system setup and management implementation. This monopoly is conducted by the Ministry of Religion is a form of monopoly by law. On Presidential Decree number 70 of 2012 on the procurement of goods or services still relied upon by the religious ministry of the republic of Indonesia in Hajj transportation procurement by the government through a public tender process and the law, socio- legal approach empirical through legislation. There are many factors which become obstacle in the implementation of the transport Hajj like structure where the lack of specialized agencies authorized to manage funds Hajj , the substance is not harmony factor . The lack of knowledge about the pilgrims in the field of aviation technology that can interfere with the process of implementation transportation pilgrims. Implementation of transport Hajj performed by the government based on a presidential regulation on procurement of goods and services through a public tender process, but in terms of implementation remain guided in Law No. 13 of 2008 concerning the organization of the HajjKeywords : Monopoly, Transportation, Pilgrimage

IMPLICATIONS OF THE RIGHT FOR UNITY OF CUSTOMARY LAW COMMUNITIES IN THE MANAGEMENT OF FOREST AREA LAND IN THE REGENCY OF NORTH LOMBOK (STUDY OF LAW NO. 41 YEAR 1999 CONCERNING FORESTRY) Mawardi, SH
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

In case the concept of “right” is perceived in an opposite view by the Adat Law community and the country, then every regulation concerning right will be accepted in a different way too. Meanwhile “regulation” is in the field of the country authority where the Adat Law community forced to obey their regulations. In Law Number 41 concerning Forestry regulated that an Adat Law community has not entitled to manage forestry land as far as their existence has not recognized by the state although the Adat Law community has made a claim that management on forestry land was part of their congenital right and right on their ancestors root that they already have even before the declaration of Indonesia’s independence. Therefore, its implication caused conflict between the Adat Law community against the state / government keep on growing. The community continues managing the forest as their ancestor’s cultural basic while the state keep forcing their regulation on Adat Law community. In the end the number of violation against regulation of the management of forest resource keep on increasing, hence the forests are no longer a source of public welfare but oppositely has become a source of disaster for the Adat Law community. In this case the solution would be “the harmony” and “balance” of the state’s regulation on the Adat Law community. Keywords: Right, Forest Management, Law Enforcement.

IS THE LAW (POSSIBLY) DEAD OR CAN IT BE KILLED? OR HAS THE STATE FAILED/HAS IT BEEN ABSENT? Tristam Pascal Moeliono
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

Law is impossible to die, even if we can strangle it until limp. This questions appeared the possibility of killing the law by tracing the ideas about the law and the state that appears in the passage of time. What emerges is that the order or disorder always presupposes the emergence of law. Although it does not indicate whether the law appear fair or not. The fact is that people need a law although not necessarily requiring the State. Problems faced by Indonesia is now possible to be considered not as a matter of law, but the inability of the State to present itself as something that is needed by the community.Keywords : Community, Emergence of Law, Fairness

THE IMPLEMENTATION OF LAW NUMBER 56 LAW IN LIEU OF LAW NUMBER 1960 CONCERNING THE STIPULATION OF AGRICULTURAL LAND AREA IN THE REGENCY OF WEST LOMBOK Bq. Mahyuniati Fitria
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

One of the purpose of landreform is to do a fair share of the people’s livelihood of farmers in the form of land , with the intention that there is a fair distribution of outcomes is to overhaul the structure of the land in order to realize social justice . To achieve this, it made landreform programs, among others, restrictions on the maximum area of land dominance and determination of minimum area of agricultural land ownership , and prohibition on acts that lead to breakdown of ownership of agricultural land into pieces that are too small . Then the program is poured in a legislation that is through Act No.56 PRP 1960 on the establishment of the agricultural land area . However , for the region of western Lombok , based on observations of this law is still very difficult to apply .Keywords : Landreform , Land Area Restrictions

IMPLEMENTATION OF THE GENERAL PRINCIPLES OF GOOD GOVERNANCE IN ISSUING LICENSES IN THE REGENCY OF EAST LOMBOK Lalu Dhedi Kusmana
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

The comparative regulation of general principles of good governance in the laws and licensing related in Indonesia, to identify and assess the general principles of good governance which has been described in the licensing regulations in East Lombok and to analyze court decisions related dispute of application of general principles in good governance in the issuance of permits in eastern Lombok. By using statute approach, conceptual approach, comparative approach and case approach . The regulations of the general principles of good governance in the relevant licensing legislation in Indonesia is regulated in various ways with the terms and details of different . Furthermore, the regulations governing the licensing area in East Lombok has outlined eight general principles of good governance. While the procedures related to the issuance of permits in East Lombok is not yet fully guided by the general principles of good governance.Keywords : Application, General Principles of Good Governance and Licensing

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Location
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Home Page

OAI Link

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Contact Name jurnalius

Contact Email jurnaliusunram@yahoo.com

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Journal Mail Official jurnaliusunram@yahoo.com

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Location Kota mataram, Nusa tenggara barat INDONESIA

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Contact Name
jurnalius

Contact Email
jurnaliusunram@yahoo.com

Phone
-

Journal Mail Official
jurnaliusunram@yahoo.com

Editorial Address
-

Location
Kota mataram,

Nusa tenggara barat

INDONESIA