Jurnal Hukum Ius Quia Iustum最新文献

{"title":"Prinsip Netralitas Aparatur Sipil Negara Dalam Pemilihan Kepala Daerah","authors":"S. Sutrisno","doi":"10.20885/iustum.vol26.iss3.art5","DOIUrl":"https://doi.org/10.20885/iustum.vol26.iss3.art5","url":null,"abstract":"This study aims to determine the factors, weaknesses and components that affect the neutrality of the State Civil Apparatus (ASN) in the recent regional election. This research is a non-doctrinal legal research/socio-legal research/sociology of law study by using the statutory and case approaches in the recent elections in Surakarta City, Sragen Regency and Bantul Regency. The nature of this research is descriptive analysis which intends to provide an overview of the existing condition of the neutrality of ASN in carrying out tasks related to the operation of law in the community. The results of the study concluded that in Surakarta, Sragen, and Bantul, some ASN were not neutral with several contributing factors including personal loyalty, familiar relations, career ambitions, ambiguity of regulations, ineffective law enforcement and low awareness of the community in civilizing the law. The embodiment of the neutrality of ASN in the regional elections can be done by optimally involving the role of several related institutions, including the State Civil Apparatus Commission (KASN), Bureaucratic Leadership, Regional Inspectorate, the Regional Civil Service Agency, the Election Commission and the Election Supervisory Body.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129938857","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":"Pertentangan Antara Diskresi Kebijakan Dengan Penyalahgunaan Wewenang Dalam Tindak Pidana Korupsi","authors":"Nur Kumalaningdyah","doi":"10.20885/iustum.vol26.iss3.art3","DOIUrl":"https://doi.org/10.20885/iustum.vol26.iss3.art3","url":null,"abstract":"This study aims to determine the relationship between policy discretion and abuse of authority by public officials that lead to corruption. This is a normative legal research that was conducted through literature study that is relevant to the problem at hand. The results of the study concluded that in accordance with the unlawful nature (wederrechtelijkheid) as a limitation of the authority of public officials in carrying out policies (discretion) without relying on the legislation; discretion may be considered an abuse of authority if it defies Law Number 30 of 2014 on Government Administration.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"5 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120994559","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 Dan Penerapan Prinsip Resiprositas Berdasarkan ASEAN Banking Integration Framework","authors":"Inda Rahadiyan","doi":"10.20885/iustum.vol26.iss3.art6","DOIUrl":"https://doi.org/10.20885/iustum.vol26.iss3.art6","url":null,"abstract":"The reciprocity principle is the main principle in the integration of banking service in the ASEAN region, where it is scheduled to take place in 2020. The banking industry is complex and strictly regulated, therefore, research on the meaning of reciprocity in the ASEAN Banking Integration Framework (ABIF) becomes an interesting and relevant study. The problems examined in this study include: first, how are the meaning and the legal binding power of the reciprocity principle based on ABIF? Second, how is the Indonesian Government's effort to implement the reciprocity principle based on ABIF? This research was conducted by using normative method. The results of the study concluded that, first, the reciprocity principle based on ABIF is a basic principle of reciprocal treatment between member countries aimed at realizing ease of access and banking operational flexibility. This principle does not apply automatically and without conditions, but is based on the commitment and readiness of each country. Second, the Indonesian Government's efforts to implement the reciprocity principle have been carried out through the issuance of Law Number 4 of 2018 on the Ratification of the Protocol to Implement the Sixth Commitment Package in Financial Services in the ASEAN Framework in Services.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115520533","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":"Bentuk-Bentuk Perampingan dan Harmonisasi Regulasi","authors":"Ibnu Sina Chandranegara","doi":"10.20885/iustum.vol26.iss3.art1","DOIUrl":"https://doi.org/10.20885/iustum.vol26.iss3.art1","url":null,"abstract":"Since the reformation era, the number of laws and regulations has continued to increase. In the period 2000-2017 there have been 35,901 regulations. The highest number is Regional Regulation (Perda), which has reached 14,225 Perda. Followed by Ministerial Regulation (Permen) as many as 11,873 regulations. While on the third place, sit 3,163 non-ministerial regulations. This research has the main objective of finding the best alternative policy to simplify and rearrange the regulations as an agenda for the law reform. This is a normative juridical research. The data used are secondary data that includes primary and secondary legal material in the form of relevant laws and regulations used as samples as examples of regulations that are out of sync, incoherent, and potentially overlapping. The results concluded that the arrangement of the regulations can be carried out on three sectors, which are the simplification of regulations, reconceptualization in order to understand the regulatory requirements, and creating synergies amongst the the law-makers.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130353428","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":"Asuransi Kecelakaan Kendaraan Bermotor Roda Dua Sebagai Moda Transportasi Umum Berbasis Online","authors":"Hezron Sabar Rotua Tinambunan, Bagas Waskito, Muhammad Bayu Rizhaldi, Athia Fadzri K.R. Uno","doi":"10.20885/iustum.vol26.iss3.art10","DOIUrl":"https://doi.org/10.20885/iustum.vol26.iss3.art10","url":null,"abstract":"This research focuses on two discussions, first, to analyze the arrangement of accident insurance for two-wheeled motor vehicles as a mode of online-based public transportation in Law No. 22 of 2009 on Traffic and Road Transportation (LLAJ Law). Second, to analyze the mechanism of insurance fulfillment for losses arising from the accidents of two-wheeled motor vehicle as an online-based public transportation mode. This research is a normative legal study. It concludes that first, PT. Jasa Raharja cannot provide protection for people who take the two-wheeled motor vehicles as a means of public transportation, because such vehicles are not included as the public motor vehicles according to the LLAJ Law. However, the providers of public transportation services with two-wheeled motor vehicles as the means of transportation can partner-up with the private insurance companies, or they can provide their own insurance system. Second, if the insurance is not provided, then public transportation service providers can be deemed as default based on the terms and conditions that have been made. Improvements to the LLAJ Law are necessary especially regarding the unclear provisions relating to the accountability of public transport companies and technology-based application provider companies.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125910705","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":"Pelaksanaan Kebijakan Reformasi Peradilan Terhadap Pengelolaan Jabatan Hakim Setelah Perubahan Undang Undang Dasar 1945","authors":"Idul Rishan","doi":"10.20885/iustum.vol26.iss2.art3","DOIUrl":"https://doi.org/10.20885/iustum.vol26.iss2.art3","url":null,"abstract":"In most countries undergoing a political transition phase, judicial reform is one of the strategic agendas in amending the constitution. In the amendment to the Indonesian Constitution of 1945, the idea of judicial reform in the management of judges gave birth to two patterns. The first pattern guarantees judicial independency while the second pattern refers to the institutionalisation of the Judicial Commission. Each of these ideas was followed by a number of other legal policies, including the one-roof system. This study is focused on the implementation of judicial reform in the management of the magistracy after the amendment of the 1945 Constitution. It aims to provide a prescription for the implementation of the judicial reform policies. This is a normative juridical research that uses the historical, statutory, and conceptual approaches. The results conclude that the implementation of judicial reform policies are still looking for the definitive form. The significance of this phase in which interests are being pushed and pulled for nearly two decades has caused judicial reform policies tend to deviate and operate without patterns.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116544891","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":"Politik Hukum Hak Asasi Manusia Tentang Kebebasan Beragama Pasca Orde Baru","authors":"Suparman Marzuki","doi":"10.20885/iustum.vol26.iss2.art1","DOIUrl":"https://doi.org/10.20885/iustum.vol26.iss2.art1","url":null,"abstract":"This research aims to uncoven and describe: first, the policy of state regulation in order to fulfil the right to religious freedom. Second, the concrete actions of state in taking legal steps against violations of religious freedom. This research utilizes a normative juridical method where data is collected from documents. The outcome of this research concludes that: first, Political Human Rights on the freedom of religion in Indonesia following the new order at the level of fulfilment in the form of legislation is relatively more advance and protective. Second, the strengthening of Political Human Rights at the regulatory level is not followed by changes in the legislation below it such as PNPS Law No.1 of 1965 and Article 156(a) of the Indonesian Criminal Code regarding blasphemy. Therefore, it can be concluded that Political Human Rights in Indonesia, particularly relating to the freedom of religion is a paradox. On one side it supports the products of laws and regulation which further strengthen the rights to the freedom of religion and beliefs, but on the other hand, realistically, the State actually fails to protect various forms of violations of the right to the freedom of religion and beliefs. This research aims to uncoven and describe: first, the policy of state regulation in order to fulfil the right to religious freedom. Second, the concrete actions of state in taking legal steps against violations of religious freedom. This research utilizes a normative juridical method where data is collected from documents. The outcome of this research concludes that : first, Political Human Rights on the freedom of religion in Indonesia following the new order at the level of fulfilment in the form of legislation is relatively more advance and protective. Second, the strengthening of Political Human Rights at the regulatory level is not followed by changes in the legislation below it such as PNPS Law No.1 of 1965 and Article 156(a) of the Indonesian Criminal Code regarding blasphemy. Therefore, it can be concluded that Political Human Rights in Indonesia, particularly relating to the freedom of religion is a paradox. On one side it supports the products of laws and regulation which further strengthen the rights to the freedom of religion and beliefs, but on the other hand, realistically, the State actually fails to protect various forms of violations of the right to the freedom of religion and beliefs. Normal 0 false false false IN X-NONE AR-SA /* Style Definitions */ \u0000 table.MsoNormalTable \u0000 {mso-style-name:\"Table Normal\"; \u0000 mso-tstyle-rowband-size:0; \u0000 mso-tstyle-colband-size:0; \u0000 mso-style-noshow:yes; \u0000 mso-style-priority:99; \u0000 mso-style-parent:\"\"; \u0000 mso-padding-alt:0in 5.4pt 0in 5.4pt; \u0000 mso-para-margin:0in; \u0000 mso-para-margin-bottom:.0001pt; \u0000 mso-pagination:widow-orphan; \u0000 font-size:11.0pt; \u0000 font-family:\"Calibri\",\"sans-serif\"; \u0000 mso-ascii-font-family:Calibri; \u0000 mso-ascii-theme-font:minor-latin; \u0000 mso-hansi-font-family:Calibri; \u0000 mso-hansi-th","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122672268","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":"Kompleksitas Otonomi Daerah Dan Gagasan Negara Federal Dalam Negara Kesatuan Republik Indonesia","authors":"Ni'matul Huda, Despan Heryansyah","doi":"10.20885/iustum.vol26.iss2.art2","DOIUrl":"https://doi.org/10.20885/iustum.vol26.iss2.art2","url":null,"abstract":"The 1998 reforms opened a new discourse on the direction of the Indonesian constitutional system. There were six aspects that became the demand for the reform at the time, one of which was the rearrangement of central and regional relations, by bestowing autonomy to the regions to the broadest extent possible. In relation to this particular issue, the formulation of the problems in this paper is as follow: first, how is the complexity of the problem of regional autonomy in Indonesia, especially in terms of authority? Second, what are the implications of the complexity of the problem for the existence of the Unitary Republic of Indonesia. The method used in this research is juridical normative, where the focus of data collection and exploration is through literature study and supported by interviews. This study concludes, firstly, the complexity of the problem of regional autonomy is triggered by, among others, the efforts of decentralization in the Regional Government Law after reform. Whereas Indonesia with a very broad cultural background and regional reality, is more suitable to be managed in the form of an expanded asymmetric decentralization model. Secondly, if the relationship between the central government and the regions is managed centrally it has the potential to cause resistance from the regions, it can threaten the existence of the Republic of Indonesia.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"170 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114463548","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":"Klausula Akad Rahn Dari Perspektif Hukum Islam Dan Urgensi Notaris Dalam Penyusunannya","authors":"Ihyannisak Zain, Syahrizal Abbas, Zahratul Idami","doi":"10.20885/iustum.vol26.iss2.art10","DOIUrl":"https://doi.org/10.20885/iustum.vol26.iss2.art10","url":null,"abstract":"The practice of Shari‘a Court, especially rahn contracts in the form of standard clauses, still have a number of problems, including the norms of the contents of the contract. This study discusses first, whether the norms in the contents of the rahn contract on Sharia Pawnshop (pegadian Syariah) are in accordance with the provisions of Islamic law. Second, the urgency of notary involvement in the formulation of the Sharia pawnshop rahn contract clause in an effort to guarantee consumer protection. The methodology used in this research is a normative study with secondary data sources derived from legal materials, with a statutory and conceptual approach. This research concludes: first, the norm contained in the contents of the rahn contract on Sharia Pawnshop is not in accordance with the provisions of Islamic law because it contains the invalid (fasid) conditions of a contract. Second, the need for the involvement of a Notary Public to safeguard any predetermined rules regarding rahn contracts to be carried out, as well as efforts to ensure legal protection for consumers to secure the position between rahin and murtahin for it to become balanced for the rahn contract clause to be based on justice.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126195151","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":"Disfungsi Peraturan Perundang-Undangan Tanggung Jawab Sosial dan Lingkungan di Indonesia","authors":"Lego Karjoko, Josephine Santosa, I. Handayani","doi":"10.20885/iustum.vol26.iss2.art5","DOIUrl":"https://doi.org/10.20885/iustum.vol26.iss2.art5","url":null,"abstract":"This study is aimed to analyse various Indonesian national regulations that govern about the implementation of social and environmental responsibility (SER) in the actualisation of its objectives for the equitable distribution of natural resources in Indonesia. The analysis is undertaken in terms of the phrases used, the subjects who are obliged to perform SER, the funding sources, the allocation of the funds, the instructed programs, as well as the course of the SER itself. By using normative legal research, this study concludes that the existing regulations have not consistently governed the implementation and standards of SER as expected by the Government. Additionally, according to Fuller, this kind of multi-interpretation will result in the malfunction of legal products, and ultimately frustrate the achievement of the SER objectives. On this matter, it is proposed that the Indonesian government needs to formulate a regulation that comprehensively and specifically govern about the SER to become a guideline for all the existing stakeholders.","PeriodicalId":239318,"journal":{"name":"Jurnal Hukum Ius Quia Iustum","volume":"457 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130197061","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}