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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 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN" : 13 Documents clear

FASTENING TRANSFER OF TECHNOLOGY THROUGH THE FRANCHISE AGREEMENT Zainal Asikin
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Fakultas Hukum Universitas Mataram

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 government 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 Rusnan Rusnan
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Fakultas Hukum Universitas Mataram

The History of welfare state’s 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 “nachtwacther state” which means night watchman state, these ideas according to the prevailing of economic liberalism concept at that time were in control of “Laissez faire, laissez aller” 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 people’s 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 Ulya Sofiana
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Fakultas Hukum Universitas Mataram

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

CONSUMER LAW PROTECTION AGAINST SOY CARTEL IN THE PERSPECTIVE OF UNFAIR COMPETITION LAW Parida Angriani
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Fakultas Hukum Universitas Mataram

In general, competition is fair, if done honestly, but the competition is not always conducted honestly. It can be seen from the number of cases that decided by the Commission Business Competition Supervision (KPPU) on fraudulent acts committed by company. One of fraudulent acts is Cartel. Cartels are agreements made by businesses to other businesses in similar production to influence prices and production process. The cartel actions usually choose products that have strategic value, such as soy. Soybean is the basic ingredient that can be processed into a variety of food and beverage. But lately soybean prices are very high and causing consumer suffers losses. Skyrocketing soybean prices in the market, causing losses to consumers that can held responsibility under the law to the company, administrative and criminal sanctions. Today, soybean production are indicated the soy cartel. To avoid such allegations, in the production of soybean company must be obey on Law Number 5 Year 1999 on Prohibited Monopoly Practices and Unfair Competition. The law prohibited cartel action by company that set in Article 11. But cartel arrangement was deemed less clear and incomplete, because it does not provide clear and unequivocal definition of cartel and cartel types. So to avoid the vagueness of norms, government in formulating the law must be carefully and able to provide legal protection to consumers so that can prevent the arbitrary actions by company. Keywords: Cartel, Soybean, and Unfair Business Competition.

OUTSOURCING BATU SANDUNGAN DALAM KESEJAHTERAAN BURUH M. Yazid Fathoni & Diangsa Wagian
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Fakultas Hukum Universitas Mataram

Undang-undang Nomor 13 Tahun 2003 tentang ketenagakerjaan memberikan peluang dan kemudahan bagi perusahaan untuk melakukan efisiensi baik managemen maupun financial melalui penerapan sistem ketenegakerjaan outsourcing. Berbeda dengan negarnegara maju, outsourcing yang ada di Indonesia, melalui Undang-undang Nomor 13 Tahun2003 tersebut, ditujukan bukan untuk mencari buruh yang mempunyai keahlian/keilmuan di bidang tertentu, melainkan mencari pekerja untuk mengisi pekerjaan penunjang (non coree business) atau kegiatan yang tidak berhubungan langsung dengan proses produksi

THE DISPUTE SETTLEMENT OF PROCUREMENT LAND DETERMINATION COMPENSATION (Study on the Law Number 2 Year 2012 on Land Procurement for Public Interest Development) Hamdi Hamdi
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Fakultas Hukum Universitas Mataram

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

THE EXECUTORIAL FORCE OF RULING OF ADMINISTRATIVE COURT AND THE IMPLICATIONS IN PRACTICE Firzhal Arzhi Jiwantara & Gatot Dwi Hendro Wibowo
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Fakultas Hukum Universitas Mataram

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 court’s 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 ‘s 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 Arba Arba
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Fakultas Hukum Universitas Mataram

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 people’s 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 Bq. Ishariaty Wika Utari
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Fakultas Hukum Universitas Mataram

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 Bq. Baktiyanti
Jurnal IUS Kajian Hukum dan Keadilan Vol 2, No 1 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Fakultas Hukum Universitas Mataram

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. Mataram’s 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

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Contact Name
jurnalius

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jurnaliusunram@yahoo.com

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Journal Mail Official
jurnaliusunram@yahoo.com

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-

Location
Kota mataram,

Nusa tenggara barat

INDONESIA