Jurnal IUS最新文献

{"title":"The Comparative Law on the Distribution of Power in the 1945 Constitution of the Republic of Indonesia and the Constitution of the Republic Timor Leste","authors":"I. N. P. B. Rumiartha, N. L. G. Astariyani, Armindo Moniz Amaral","doi":"10.29303/ius.v10i3.1134","DOIUrl":"https://doi.org/10.29303/ius.v10i3.1134","url":null,"abstract":"The research purposes is to explain the comparison of the legal division of powers in the constitution in the 1945 Constitution of the Republic of Indonesia and in the Constitution of the Republic Democratic Timor Leste. The division of powers within a country, both in Indonesia and in Timor Leste, are stipulates in a constitution, in this case a state that protects and guarantees the implementation of human rights and other civil rights and limits its powers in a balanced manner between the interests of state administrators and their citizens. The research method used in this study was normative legal research. In addition, this research also applied comparative legal research method is a research methodology carried out by comparing one legal system to another, an activity in which experts compare the positive legal system of a nation to that of other nations. In this case, legal comparison of Indonesia and Timor Leste. The novelty of this research is to examine and analyze comparative law on the distribution of power in the constitutions of Indonesia and Timor Leste, it can be explained that there is a difference in the division of power. In Indonesia there is constitutive power, executive power, legislative power, judicial power, examining/inspective power, and monetary power, while in Timor Leste it is based on the constitution of the Democratic Republic of Timor Leste division of power consisting of the power of the president, the power of the national parliament, the power of the government and the power of the court.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76380554","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":"Implications of the Constitutional Court Decision Number 91/Puu-Xviii/2020 Toward Job Creation Law in The Mineral and Coal Mining Sector","authors":"Lelisari Lelisari, Ridho Aulia Tanjung, Zainal Abidin Pakpahan, Imawanto Imawanto, H. Hamdi","doi":"10.29303/ius.v10i3.1132","DOIUrl":"https://doi.org/10.29303/ius.v10i3.1132","url":null,"abstract":"This study aims to analyze and examine the juridical implications of the decision of Constitutional Court Number 91/PUU XVII/2020 on the job creation law in the mineral and coal mining sector. The research method used is a normative legal research method with approach legislation. The results illustrate that the juridical implication of the Job Creation Act in the mineral and coal mining sector is that in its decision the Constitutional Court stated that the Job Creation Act was still valid as long as the law-makers made improvements in the procedures for establishing Job Creation Law. In this case, the Constitutional Court has given two years for the legislators to revise the procedure for the formation of the Job Creation Law since the decision was pronounced. If no improvements are made, the Law can be declared unconstitutional permanently. Thus, if Law Number 11 of 2020 concerning job creation is unconstitutional, namely permanently removing coal incentive opportunities, the elimination of coal incentive opportunities must indeed be carried out due to the targets of coal utilization in Article 128A, not power optimization towards clean energy and will increase the portion of coal in the national energy mix and overall will systematically overlap with climate adaptation and mitigation targets and programs as well as the Articles in the Job Creation Act are also infiltrated by the interests of mining and dirty energy businesses.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"91 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81024804","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":"The Problems and Forthcoming Ideal Concepts of Employment Social Security: An Indonesia’s Perspective as a Welfare State","authors":"N. Dananjaya, Anak Agung Gede Duwira Hadi Santosa, Kadek Agus Sudiarawan, Made Dwita Martha","doi":"10.29303/ius.v10i3.1068","DOIUrl":"https://doi.org/10.29303/ius.v10i3.1068","url":null,"abstract":"The Procedures and Requirements for Payment of Old Age Security stated that the benefits of Old Age Security at the Institution of Social Security Employment can only be taken when workers enter retirement or at the age of 56 years, which elicits opposition reactions from various parties. The focus of this research was conducted to examine and criticize whether the Old Age Security (OAS) and Job Loss Guarantee (JLG) policies for workers who have been terminated have reflected the conception of an Indonesian welfare state that is socially just for all Indonesians, as well as to find out how the future concept (Ius Constituendum) of OAS and JLG for workers reflects the welfare state for social justice. A statutory and conceptual approach are used to support the type of normative legal research in this research. The results of the study indicate that the OAS and JLG policies have not described the concept of an Indonesian welfare state with social justice. To describe the OAS and JLG policies that reflect the welfare state, future policies must still provide convenience for workers to receive OAS benefits and continue to carry out OAS benefits.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"123 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77498858","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":"IUS Constituendum of Suistainable Agricultural Policy: The Aftermath of Job Creation Act","authors":"Ermanto Fahamsyah, Ruetaitip Chansrakaeo","doi":"10.29303/ius.v10i3.1091","DOIUrl":"https://doi.org/10.29303/ius.v10i3.1091","url":null,"abstract":"Agriculture is an important aspect of the life of the Indonesian people. Apart from being a commodity, agriculture is also a part of Indonesian people’s lives. In this case, the state needs to enact legal policies related to sustainable agriculture. This study seeks to discuss legal issues in the form of legal disharmony related to sustainable agricultural legal policies. This research is normative legal research. The study results confirm that the disharmony of legal policies related to Sustainable Agriculture has only become a “paper tiger,” which means that the rules exist but cannot be implemented because they do not have to implement regulations, so they are difficult to implement. That happens because the respective laws, particularly those related to sustainable agricultural cultivation systems and job creation, which substantially regulate sustainable agriculture, do not refer to each other. That impacts the lack of coordination and horizontal harmonization between fellow laws that substantially regulate sustainable agriculture. Harmonization is also not carried out vertically between Laws and Government Regulations. That occurs when Government Regulations relating to the administration of the agricultural sector do not refer to and harmonize vertically with the Law relating to sustainable agricultural cultivation systems. The results of this study also suggest that in the future, the government, in this case, needs to revise the Government Regulations relating to the implementation of the agricultural sector by incorporating the substance of the Sustainable Agriculture policy as well as being more thorough in harmonizing both vertically and horizontally in drafting legislation.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83328300","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":"Renewal of the Criminal Justice System Through the Constante Justitie Principle That Guarantees Justitiabelen's Satisfaction","authors":"Fence M. Wantu, Jufryanto Puluhulawa, A. Bajrektarević, Mellisa Towadi, Vifi Swarianata","doi":"10.29303/ius.v10i3.1115","DOIUrl":"https://doi.org/10.29303/ius.v10i3.1115","url":null,"abstract":"The Principle of Constante Justitie, or the principle of a simple, fast, and light trial, is intended so that handling cases can be resolved in a short time. It does not need to take a long time. The problem in this paper is: (1). how is the application of the Constante Justitie principle or the simple, fast, and low-cost principle as expected by justitiabellen? (2). How to renew the criminal justice system through the principle of Constante Justitie, which can guarantee justitiabellen satisfaction. This research is normative juridical research, namely legal research that aims to find methods, norms, or das sollen. The results showed that the application of the principles of justice, speed, and light costs that guarantee justitiabellen satisfaction has not been following the mandate of laws and regulations. The renewal of the criminal justice system, especially the Principle of Constante Justitie, which can guarantee justitiabellen satisfaction, has now been pursued by the Supreme Court by issuing various regulations such as the Supreme Court Rules or PERMA or Supreme Court Circulars or SEMA, but it has not been successful.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75471382","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":"The Urgency Of Mediator’s Good Faith In Mediating Legal Disputes: The Critical Analysis Study","authors":"Jasmaniar Jasmaniar, Z. Zainuddin","doi":"10.29303/ius.v10i3.1094","DOIUrl":"https://doi.org/10.29303/ius.v10i3.1094","url":null,"abstract":"This study aims to explore the concept and urgency of mediator’s good faith in mediating civil law. It is a normative juridical study (doctrinal) with secondary data from primary and secondary legal materials, using bibliography technique. Those materials are analyzed with a qualitative descriptive method. Further, good faith is put as the highest principle in agreement, including mediation and expecting to be implemented by all dispute parties and mediators as well. A mediator’s good faith should be carried out with earnest effort and intention formerly, instead of pushed by constitution to mandatory mediating dispute parties. This study has shown that good faith visibly implements if the mediator actively conducts the functions and responsibilities with confidentiality, volunteer, empowerment, neutrality, and exclusive solutions as the principles.  ","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"2016 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73920727","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":"Urgency of Extradition Agreements in Eradicating Corruption Crime in Indonesia","authors":"Andi Rachmad, Z. Ulya, Yusi Amdani","doi":"10.29303/ius.v10i3.732","DOIUrl":"https://doi.org/10.29303/ius.v10i3.732","url":null,"abstract":"Corruption is a special crime that is very detrimental to the country. Corruption management has been upheld by law enforcement in the framework of guaranteeing the state’s stability. Changes to the regulation on corruption eradication does not reduce the number of corruption penalties and compensation for assistance that is free from the snares of the law. This is what drives the government to make an extradition treaty with Singapore and ensnare corruption protection that can be done in Indonesia. This study discusses and examines the level of urgency of the extradition treaty in efforts to commit corruption between Indonesia and Singapore. And, challenges and efforts in realizing the extradition agreement between Indonesia and Singapore in the approval of the implementation of corruption","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"72 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83720266","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":"Legal Enforcement for IUU Fishing in Indonesian Sovereignty And Jurisdiction: A Case Analysis of The Capture of Foreign Vessels by The Indonesian Government","authors":"Ninin Ernawati, M. Shafira, Deni Achmad, Rehulina Tarigan, Ninne Zahara Silviani","doi":"10.29303/ius.v10i3.1078","DOIUrl":"https://doi.org/10.29303/ius.v10i3.1078","url":null,"abstract":"The cases of IUU Fishing often occurred in Indonesia. This is due to the lack of supervision by the Indonesian government towards foreign vessels that are still fishing in Indonesian territorial and EEZ.  IUU fishing caused huge losses to the country. One of the perpetrators of this illegal act was the Thai Silver Sea 2 ship. The ship entered Indonesian territorial waters precisely in Sabang waters, by flying the Indonesian flag to trick the Indonesian government patrolling around Sabang waters. However, gradually the Indonesian government became aware of the existence of foreign vessels which had been suspected by Indonesia for a long time because it often turned off VMS so that its existence could not be detected by the Indonesian government. This study will examine more deeply related to whether the action conducted by Silver Sea 2 Vessels violate Indonesian regulation and UNCLOS 1982? And is the legal enforcement of Illegal Unreported and Unregulated Fishing taken by Indonesian government compatible with UNCLOS 1982?. This research is a normative legal research with a statute approach, and a conceptual approach. Legal material collection techniques are carried out by examining the relevant literature, analyzing various legal references relevant to the problem related to the study to be analyzed further qualitatively and descriptively. The results showed that the actions of SS2 ships violated Indonesian legislation and UNCLOS 1982 and were appropriate when this case was handled by the Sabang district court.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83994588","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":"The Role of Coping Strategy And Legal Protection on Migrant Workers: A Literature Review","authors":"Fitri Hasdianti, J. Imelda","doi":"10.29303/ius.v10i3.908","DOIUrl":"https://doi.org/10.29303/ius.v10i3.908","url":null,"abstract":"This paper aims to determine the role of coping strategies and legal protection on Indonesian migrant workers. By focus on coping strategies and legal protection on migrant workers. Since they are indirectly correlated and cannot be parted from Indonesian Migrant Workers. That being the case, this paper examines these two issues by conducting a literature review and portraying them descriptively. Where it is related to the condition of Indonesian Migrant Workers and the difficulties, they face in the migration process. Coping strategies, in this case, act as PMI's efforts to overcome problems or challenges in the individual and social spheres. On the other hand, legal protection plays a role as an effort by the government to protect and be responsible for the rights of its citizens. Both coping strategies and legal protections have a substantial contribution to PMI's welfare condition. In consequence, the protection of PMI does not just rely on the government, but all parties include the private sector (businesses or sponsors) and PMI themselves.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81353774","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 Sanksi Pidana Delik Perbuatan Cabul terhadap Anak dalam Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak dan Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual","authors":"M. I. Adabi, Apri Rotin Djusfi, Eza Aulia, Phoenna Ath Thariq, Chandra Darusman, Jefrie Maulana","doi":"10.35308/jic.v6i2.6105","DOIUrl":"https://doi.org/10.35308/jic.v6i2.6105","url":null,"abstract":"This study focuses on sexual crimes in the form of obscene acts against children. According to R. Soesilo, obscene acts are all acts that violate decency or decency, or can also constitute a heinous act that is included in the environment of sexual lust. The problem lies in the criminal sanctions regulated between the two regulations. Criminal sanctions regulated in the PA Law and the PKS Law have differences in terms of the length of the sentence, the amount of the fine, and others. Then there will also be a test of the PA Law and the TPKS Law against the theory of the purpose of punishment. The research method used is a normative research method, namely research conducted with reference to the principles, legal concepts, legal norms contained in the legislation. The results of this research are that in terms of the comparison of the length of imprisonment or the number of fines, the PA Law is more effective than the TPKS Law. There are also articles regulated in the PA Law that are not regulated in the TPKS Law, such as Articles 76D and 76E. In the article, it is more specific how to commit obscene acts, namely by means of \"threats of violence and violence.\" Both the PA Law and the TPKS Law adhere to a combined theory. In the PA Law and the TPKS Law, the main punishments regulated are imprisonment, fines and payment of restitution to victims. If it is related to the combined theory, then the PA Law and the TPKS Law have fulfilled the purpose of the combined theory. However, in the TPKS Law, in addition to stipulating the main punishment, it also regulates additional crimes, namely revocation of child custody or revocation of guardianship, announcement of the identity of the perpetrator and/or confiscation of profits and/or assets obtained from criminal acts of sexual violence. With the provision of additional penalties in the TPKS Law, it can be seen that the types of criminal sanctions in the TPKS Law provide more complete understanding of the combined theory. So that it can be concluded that the TPKS Law in terms of types of criminal sanctions is more comprehensive in its arrangement.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75413610","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}