{"title":"Perkawinan Bawah Umur dan Potensi Perceraian (Studi Kewenangan KUA Wilayah Kota Bogor)","authors":"Ani Yumarni, Endeh Suhartini","doi":"10.20885/IUSTUM.VOL26.ISS1.ART10","DOIUrl":"https://doi.org/10.20885/IUSTUM.VOL26.ISS1.ART10","url":null,"abstract":"This study examines: first the authority of VAT on Religion Affair Office (KUA) in Sub district of Bogor City Region in creating an orderly administration of registering the underage marriages, and secondly the assessment of the relevance of underage marriage with the high divorce rates in Bogor City Region.This is an empirical juridical research. From the results of this research, it can be concluded that, first, the VAT Institution in Bogor City has made some maximum efforts to create the orderly marital administration as mandated by law. It is also reaffirmed by the Circular of the Ministry of Religion of RI regarding the implementation of the Marriage Administration System (SIMKAH), which increasingly narrows the space for people to do an underage marriage. Second, the prevalence of underage marriage has the relevance to the high divorce rate also dominated by couples aged 21-30 years. It is because even if the marriage is 'not registered', due to being underage according to the law, it still has an opportunity to obtain legality through legal action to submit a marriage permit application in the Religious Court. In addition, emotional immaturity and household unpreparedness are the factors of high divorce among young couples undergoing an underage marriage.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126541402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Efektivitas Penyelesaian Tindak Pidana Ringan Melalui Lembaga Adat (Sarak Opat)","authors":"A. Surya, Suhartini Suhartini","doi":"10.20885/IUSTUM.VOL26.ISS1.ART5","DOIUrl":"https://doi.org/10.20885/IUSTUM.VOL26.ISS1.ART5","url":null,"abstract":"Thisstudy aims firstly to observe the effectiveness of minor criminal acts settlement through Sarak Opat in Central Aceh District. Second, it is to find out what constraints being faced by Sarak Opat are in settling the minor criminal acts in Central Aceh District. The method used in this study was empirical legal research or sociological legal research. The types and sources of data used in this study included library research and field research. The data analysis technique was conducted through a descriptivequalitative method by analysing the data obtained from the primary and secondary data sources. This was then continued with a thorough discussion and a conclusion, based on the discussion, was drawn in response to the problems studied. The results of the research showed first that it was still ineffective now that the people becoming the victims of criminal acts more believed in the police as the law enforcement officials rather than the settlement through the traditional institution of Sarak Opat. Second,the constraints faced by Sarak Opat in the settlement of minor crimes in Central Aceh Regency, included 1). The lack of understanding of the traditional institution of Sarak Opat; 2). Customary sanctions not giving any deterrent effects on the perpetrator; 3). No documented dispute settlement by traditional institution Sarak Opat; 4). Lack of coordination between traditional institution Sarak Opat and Police Department.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125361918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tumpang-Tindih Pengaturan Bentuk Tiga Dimensi Dalam Undang-Undang Merek Dan Undang-Undang Desain Industri","authors":"Natalia Arinasari Nadeak, Indirani Wauran","doi":"10.20885/IUSTUM.VOL26.ISS1.ART2","DOIUrl":"https://doi.org/10.20885/IUSTUM.VOL26.ISS1.ART2","url":null,"abstract":"This research includes first, to study juridical understanding related to the concept of \"three-dimensional form\" found in industrial brand and design; second, to analyze whether the three-dimensional form in the industrial brand and design overlapped; and third, to provide prescription for the three-dimensional overlapping arrangement. This research is a normative legal research using a legislative approach, a case approach, and a conceptual approach. From the results of this research, it can be concluded that the first, three-dimensional form is potential to get protection in two different IPR regimes, namely brand and industrial design. Second, these conditions then lead to overlapping arrangements in the brand regime and industrial design regime. Although both brand and industrial design protect the three-dimensional form, the object of protection is different. This is due to the basis of the protection of each regime (the brand emphasizes differentiation, while industrial design emphasizes the new aesthetic impression). Third, the condition is given a suggestion to provide a boundary between the three-dimensional brand and industrial design, as seen from several aspects: general forms, forms that should not be listed, public perception, distinctiveness due to use and expansion of the rejection space for the signs to be made as a brand.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129331712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ahmad Feri Tanjung, Rizkan Zulyadi, Ronald Hasudungan Sianturi
{"title":"Kerugian Keuangan Negara Dalam Pengadaan Alat Kesehatan Di Indonesia","authors":"Ahmad Feri Tanjung, Rizkan Zulyadi, Ronald Hasudungan Sianturi","doi":"10.20885/IUSTUM.VOL26.ISS1.ART7","DOIUrl":"https://doi.org/10.20885/IUSTUM.VOL26.ISS1.ART7","url":null,"abstract":"he financial loss of the state is determined by many factors leading the method of calculating the state financial loss to be unstandard and then causing uncertainty in calculation of the state financial loss, including in the procurement of medical devices. This study aims to (a) analyze the factors determining the financial loss of state in the procurement of medical devices and (b) to analyze the method used to calculate the financial loss of the state in the procurement of medical devices. This is a normative juridical research using a conceptual approach and a regulatory approach. The data used were secondary data collected through literature. From the research results, first, it can be concluded that the factors determining the fiancial loss of state in the procurement of medical devices were the factors of goods effectiveness as needed. The procurement of medical devices that has the nature of the goods is a unit to be utilized as needed, and then the method of calculating the financial loss of state used is the method of calculating the total loss, but if the medical devices that have properties can be utilized separately, the calculation of financial losses used is net loss. Another factor affecting was the price reasonableness if the procurement of medical devices can be utilized as needed but the price of medical devices exceeds the reasonableness. Second, the method of calculating financial loss of stated used due to the price reasonableness was the price reasonableness method.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126038328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Elisabeth Septin Puspoayu, A. Hakim, Hanum Selsiana Bella
{"title":"TINJAUAN YURIDIS PERTANGGUNGJAWABAN PENCEMARAN MINYAK DI WILAYAH TELUK BALIKPAPAN","authors":"Elisabeth Septin Puspoayu, A. Hakim, Hanum Selsiana Bella","doi":"10.20885/IUSTUM.VOL25.ISS3.ART7","DOIUrl":"https://doi.org/10.20885/IUSTUM.VOL25.ISS3.ART7","url":null,"abstract":"Environmental pollution in Balikpapan Bay due to the leaking of Pertamina oil pipeline is a serious problem because it pollutes the marine ecosystem, resulting in disruption of environmental functions. However, the pollution caused by the burst pipeline due to the anchor of the MV Judger vessel cannot be directly imposed by the accountability mechanism as stipulated in Law on Environmental Protection and Management because there is no single factor in the incident. This paper aims to construct the form of accountability that must be done when an environmental pollution cannot be found as a single factorof error and involves the subject of international law outside the jurisdiction of the country where the pollution occurs. The type of research used is normative juridical. The result shows that joint accountability in the perspective of civil law is the best solution because the absence of a single factor and the existence of force majeure require that the parties involved in the shipping also be responsible for the pollution.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131663980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"TINJAUAN YURIDIS PERSYARATAN AKREDITASI DALAM PENGADAAN PEGAWAI NEGERI SIPIL","authors":"Risang Pujiyanto, Netti Iriyanti, Sonny Taufan","doi":"10.20885/IUSTUM.VOL25.ISS3.ART8","DOIUrl":"https://doi.org/10.20885/IUSTUM.VOL25.ISS3.ART8","url":null,"abstract":"Accreditation requirements in Procurement of Civil Servants in 2017 raise a controversy because according to the Ombudsman of the Republic of Indonesia these conditions are discriminatory. This study examines the suitability of accreditation requirements in the Procurement of Civil Servants in 2017 with the applicable laws and regulations. This research is a normative study using the legal approach. The results show that the conditions for accreditation are merely additional requirements and needed to guarantee the legality of the education attainment of an applicant. Accreditation requirements for different general formation paths in each department have yet to be in accordance with the principle of equality as mentioned in one of the Good Governance General Principles.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115287800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PELIBATAN DEWAN PERWAKILAN RAKYAT DALAM PENGISIAN JABATAN HAKIM AGUNG DAN HAKIM KONSTITUSI","authors":"Sri Hastuti Puspitasari","doi":"10.20885/IUSTUM.VOL25.ISS3.ART1","DOIUrl":"https://doi.org/10.20885/IUSTUM.VOL25.ISS3.ART1","url":null,"abstract":"One of the reasons to involve the House of Representatives to take the position of Chief Justice and Constitutional Judges after the amendment to the 1945 Constitution is the phenomenon of the House’s empowerment in the Indonesian constitutional system during the transition to democracy through the amendment. Such involvement can potentially cause problems, for example, the decisive authority of the House of Representatives in selecting the Chief Justice and constitutional judges, leading to politicization problem. This research formulates the following issues, first, the reasons for involving the House of Representatives in filling in the position of Chief Justice and Constitutional Judges. Second, whether the involvement is in accordance with the principle of separation of power as well as check and balance. This study is normative research with secondary data sources derived from legal materials, with conceptual, case, and statutory approaches. The results show that first, the involvement of the House of Representatives for Chief Justice and Constitutional Judges positions is part of the process of democracy beginning after the New Order transition period. Second, The involvement is also a deviationfrom the principle of separation of power, and such practice does not even reflect the principle of check and balance because the House of Representatives dominates all the selection processes.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124782284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OVERCRIMINALIZATION DALAM PERUNDANG-UNDANGAN DI INDONESIA","authors":"Mahrus Ali","doi":"10.20885/IUSTUM.VOL25.ISS3.ART2","DOIUrl":"https://doi.org/10.20885/IUSTUM.VOL25.ISS3.ART2","url":null,"abstract":"Criminalization in legislation tends to increase, and most of it deals with administrative violations with the potential to cause over-criminalization. This study aims to analyze the concept of over-criminalization and its various forms in criminal legislation. As normative legal research, this study uses a conceptual and statutory approach. The results show that over-criminalization is generally conceptualized in relation to criminalization. The forms also include re-criminalization of an act having been banned by other laws, formulation of offenses without sufficient error requirements, criminalization of impeccable deeds, formulation of offenses without fulfilling the principle of lex certa, criminalization of pure administrative violations, and criminal penalties incomparable to the seriousness of the offenses. The forms of over-criminalization in legislation are obvious in different articles in Law on Plantations, Law Environmental Protection, and Management, and Law on Mineral and Coal Mining.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125827295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PEMAKNAAN ULANG AR RIQAB DALAM UPAYA OPTIMALISASI FUNGSI ZAKAT BAGI KESEJAHTERAAN UMAT","authors":"Z. Zainuddin","doi":"10.20885/IUSTUM.VOL25.ISS3.ART9","DOIUrl":"https://doi.org/10.20885/IUSTUM.VOL25.ISS3.ART9","url":null,"abstract":"This study raises the issue of, first, reinterpretation of ar-riqab in an effort to optimize the function of zakat for social welfare, and second, contextualization of ar-riqab reinterpretation as a victim of human trafficking crime to optimize the function of zakat for social welfare. This research is doctrinal research with legal and conceptual approaches. The results show that, first, ar-riqab in the conventional terminology as a slave is no longer relevant to the current conditions. Ar-riqab can be understood as a person shackled in structured and massive poverty, making it possible for zakat functioning as a public economic instrument to achieve the success of promoting welfare. Second, one of the meanings of ar-riqab in accordance with the current conditions is victim of human trafficking. This group is vulnerable to economic exploitation, making it difficult to empower themselves because they are in the power of other people. The instrument of zakat as an economic power can play a role for the empowerment of trafficking victims by including them as aznaf ar-riqab. This study recommends that zakat management contextually interprets ar-riqab and is no longer fixated on the meaning of slave, thus enabling optimum functioning of zakat as an instrument to achieve social welfare.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116800747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"IMPLEMENTASI KEDAULATAN PERMANEN ATAS SUMBER DAYA ALAM DALAM ATURAN INVESTASI ASING DI ALJAZAIR DAN INDONESIA","authors":"Saru Arifin","doi":"10.20885/IUSTUM.VOL25.ISS3.ART3","DOIUrl":"https://doi.org/10.20885/IUSTUM.VOL25.ISS3.ART3","url":null,"abstract":"Since first coined by the United Nations at the end of 1950’s, the doctrine of permanent sovereignty over natural resources has experienced rapid dynamics of development — from those originally traditionally practiced to the national interests of a country — then developed and intersected various global issues, such as economy, environment, human rights, and climate change. Such doctrine only confirms to the countries of the world about the importance of permanent sovereignty for each country over its natural resources. However, the management needs to pay attention to various important aspects that intersect with human interests universally and inclusively. This study uses a normative legal method to discuss the implementation of the 1950 state sovereignty doctrine over natural resources in the investment legal system of developing countries such as Africa and also Indonesia, which is actively opening up to local and international investors to improve the national economy for social welfare. The results show that the implementation of UN Resolution on permanent sovereignty of natural resources in the practice of foreign investment in Algeria is limitative, particularly towards strategic naturalresources. In contrast, the practice of foreign investment in Indonesia is liberal in nature, and even its share ownership can reach one hundred percent.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133632829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}