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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 612 Documents

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THE PRINCIPLES OF ANTI-DISCRIMINATION AND PROTECTION OF MATERNAL RIGHTS OF FEMALE LABORERS VIEWED FROM THE PERSPECTIVE OF GENDER EQUALITY S, Nurjannah
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

Anti-discrimination is also known by the term opportunity and equal treatment. The opportunity and equal treatment is a right of every citizen in all fields of life, whether economic, social, cultural, political and labor affairs. One of the most fundamental rights is the maternal right of female workers, including the right to menstruation leave, maternity leave, get social security in the form of care during childbirth and after childbirth, breast feeding and caring for the rights and child rearing. This research is to look at the law as the principles of truth and justice that is natural and universally applicable. This is consistent with normative legal research, the study of the principles of law or legal principles. On normative legal research, data processing activities to conduct systematize nature of the material written law. Systematizes means making a classification of materials written laws to facilitate the analysis and construction work. The principle of anti-discrimination and protection of workersâ rights maternal woman in Indonesia has been stated in the statutory provisions and refers to international conventions on human rights and the Convention on the Elimination of All Forms of Discrimination Against Women and ILO Convention No. 183 Year 2000 on Maternity Protection (ILO Convention on Maternity Protection). These rights include the right to menstruation leave, maternity leave, maternity leave, the right to bear the cost of the company or employer through labor social security, and the right feed and care for the child and the right of special treatment (affirmative action) in employment. However, long-time child care, it is not described in detail in the statutory provisions and arrangements delivered to the employer or the employer and the worker. This clause is felt still too discriminatory given that the rights of children to be treated and was raised by a mother (especially working mothers) marred. So we need a judicial review of Law No. 13 of 2003 relating to the protection of the rights of women workers as a form of maternal implementing anti-discrimination principle.Keywords: Anti-Discrimination, Protection of Workers, Rights Maternal

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

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

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.

MEASURING THE DEMOCRATIZATION DEGREE ACCORDING TO LAW NUMBER 42 OF 2008 CONCERNING GENERAL ELECTION OF THE PRESIDENT AND VICE PRESIDENT Putra Wijaya, I Dewa Made
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

This research aims to study the consistency of the Act No 42 of 2008 concerning the generalelection on president and vice president related to the principles of democracy as stipulated inthe constitution of Indonesian republic of 1945. This research uses statutory and conceptualapproaches. The object of the research is the policy of the general election on president and vicepresident. While the subject of it are the parliament and government as legislator. The legalmaterial of the research consists of regulations, books, papers and other supporting literaturewhich will be analyzed through normative-deductive approach. The research discovers that ,firstly the preamble and its main content of the constitution of Indonesian republic of 1945 haveshown the people sovereignty , democratic principle and recognition of human rights; secondly the Act No 42 of 2008 which become the implementing rules of the general election on president and vice president is less consistent to the spirit of the constitution of Indonesian republic of 1945. The policies of the presidential threshold dan the implementation mechanism of the phased general election have reduced the democratic principles on freedom, equality, justice and accountability.Keywords: democratic principles, the general election on president and vice president

THE SHIPPERâS LIABILITY UNDER THE REGULATION OF THE TRANSPORTATION MINISTER NO. 77 OF 2011 CONCERNING THE SHIPPERâS LIABILITY OF THE AIR FREIGHT Adriani, Rhirien
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

Air transportation is one of the most desirable transportation because it offers various facilities and it takes relatively short time. In the fact, air freight deal with some obstacles for instances delays and/or cancellations. This, of course, is very detrimental to the passengers as the user of the air freight. In the transportation law, there are three kinds of liability principles, i.e. fault liability, presumption liability and strict liability. The implementation of the liability under the regulation of the transportation minister sets about compensation to passengers. The implementation of liability for flight delays and cancellations at Sultan Salahuddin Bima Airport has not been done maximally. The Weather and operational techniques are causative factor for the delays and cancellations. The regulation of the transportation minister provides set of rules which ensure justice for passengers of air transportation with strict liability principles.Keywords: liability, flight delays, flight cancellations

THE PRINCIPLE OF SOCIAL JUSTICE AS THE LAW Prastyo, Brian Amy
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Jurnal IUS

The term of âsocial justiceâ has mentioned explicitly in Pancasila. As the nation philosophical base, every Indonesian citizen may interpret the meaning of this term. Interpretation of every citizen may be various caused by each personal have their own way of thinking. This article offered a picture of how the âsocial justiceâ term could be interpret in 4 points of view, that are; Indonesianist, liberalist, Islamic and post modernist point of view. Furthermore this article will shows basic similarity among four ideas above concerning âsocial justiceâ so that we could see the harmony among them in interpreting âsocial justiceâ term. In the end will be described how âsocial justiceâ term embraced as a principle and normatively functioned. That is as a guidance to state rights and obligations which in certain situation could hold stronger power than a valid regulation. Keywords: Justice Theory, Legal Positivism, Pancasila, Social Justice, Basic Right.Abstrak:

EXISTENCE OF MARRIAGE IN THE SASAK TRIBE IN LOMBOK (MERARIQ) WITHIN THE ESTUARY OF LEGAL PLURALISM Lukman, Wahyuddin
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Man is basically a creature of God who has relation (through worship) to God (fardhu aâin)and relation to other creatures as social beings (fard kifayah). This dual relationship will asconsequence make a various instruments of what-the-so-called Legal Pluralism. The LegalPluralism in human life is a bind positioning the human to commit with what are containedin each instrument, even though the instruments are mostly abstract and are only dialecticalsymbols that have a strong energy leading the physical nd spiritual side of human to obey theGod and to do anything on behalf of the âtheological and Social Faithâ in order to obtain thephysical and spiritual peace. To achieve those needs , human his life as a creature implementthe legal pluralism, which is believed to serve as an investment in order that his dual function ofcreation remain maintained and qualified. The instance of this is the implementation of legalpluralism in the procession of âMerariqâ (Marriage) in indigenous people the Lombok Sasaktribe. In that procession, three laws are implemented; religious teaching, traditional law, andState law all of which are integratedly applied in the process (3 in 1).Keywords : Existence, Legal Pluralism, Merariq

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.

CRIMINAL ACTS RELATED TO GENERAL ELECTIONS PURSUANT TO LAW NUMBER 10 YEAR 2008 Bachri, Moch. Ali
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

The existence of criminal acts regulation in a Law surely purposed to the obedience of the people to the norms available in the law. However if it took a massive portion, the criminal acts regulation of a Law may potentially raise problem. The Law concerning general election of DPR, DPD and DPRD members consisting of 320 Articles and 52 Articles regulates criminal acts violation. Whereas the Law concerning the election of President and Vice President consisting of 262 contains only 58 Articles related to criminal acts. By percentage, the calculation of the number of articles regulating the criminal acts in the Law of general election of the members of DPR, DPD DPRD is around 16 percent and in the Law concerning on the election ofÂ president and vice president is around 22 percent. Therefore it is necessary to pay more attention on the urgency of considering the acts classification that is stated as criminal and its implications to the criminal Law enforcement in practical field.Keywords: Criminal acts, General Election, Dispute Settlement

THE DEATH PENALTY FORMULATION POLICY ON THE NARCOTICS CRIME ACT IN INDONESIA Wardana, I Wayan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 5 (2014): HUKUM DAN TATA KUASA
Publisher : Jurnal IUS

The International narcotic criminal acts are at a dangerous level of society,Â state and nation even world peace. In efforts to overcome the narcotic criminal act through criminal law instrument,Â the Indonesian government has adopted a policy by issuing the Acts Number 35 Year 2009 on Narcotics that in the criminal provisions include a death penalty. The issues raised in this research is,Â how the legal basis of the death penalty guidelines in the Acts Number 35 Year 2009 on Narcotics?,Â and whether the death penalty still need be formulated in the narcotic criminal act of Indonesia in the future?. The method used is the normative legal research with the legislation approach (statutory approach),Â conceptual approaches,Â and the comparative approach. The legal basis of the death penalty guidelines in Acts Number 35 Year 2009 on Narcotics is not yet regulated limitedly and still based on Article 11 of the Criminal Code as amended in the Acts Number 2/Pnps/1964,Â namely Presidential Decree Number 2 Year 1964 that determined base on the Acts Number 5 Year 1969 on the Implementation Procedure of the Death Penalty that imposed by the Court in the in the General Court and the Military area,Â and the Police Regulation Number 12 Year 2010 on the Implementation Procedure of the Death Penalty. The Death penalty still need to be formulated in the narcotic criminal act of Indonesia in the future with the reason that : the application of the death punishment is not contrary to religion,Â Pancasila,Â and human rights. Therefore death penalty sanctions are still preserved in the bill of Criminal Code Year 2012,Â and narcotics criminal act offenses views of its extraordinary impact is very complex.Keywords : Formulation Policy of Dead Penalty,Â Narcotics Crime.

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