Jurnal Hukum IUS QUIA IUSTUM

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three times a year in January, May, and September. This journal really opens door access for readers and academics to keep in touch with the latest research findings in the field of law.

List of Papers (Total 919)

Penegakan Hukum Pungutan Liar di Jawa Barat dalam Pelayanan Publik Pasca Covid-19

This research analyzes the urgency of developing electronic-based public services in preventing criminal acts of illegal levies (extortion) to support transparent and good quality government governance and offers ideas for law enforcement to eradicate extortion, which is remains considerably lacking in West Java Province, especially after Covid-19. Hence the problem formulation...

Perkembangan Pelaksanaan Urusan Pemerintahan Umum di Daerah: Studi terhadap Pelaksanaan Urusan Pembinaan Pancasila dan Wawasan Kebangsaan

General government affairs fall under the authority of the President as the head of Government, which in fact are carried out by Heads of the Region, one of which is the sub-affairs of developing the value Pancasila and the nationalism insight. This authority is in fact exercised by the Regional Government by establishing Regional Regulations (Perda). In fact, regional...

Kajian Yuridis atas Ketentuan Darurat Bencana dalam Konstitusi Sebagai Jaminan Hak Asasi Manusia Korban Bencana

Indonesia faces a high risk of disasters, which require community involvement and participation in disaster management. The state cannot handle disasters without the community's help, and the research aims to examine the disaster emergency provisions in the 1945 Constitution to guarantee the human rights of disaster victims. This normative legal research found that emergency...

Kebijakan Vaksinasi Covid-19 dalam Perspektif Konstitusi

The existence of Covid-19 in Indonesia has now had its status changed from pandemic to endemic. However, its existence still poses a serious threat to the general health of Indonesian citizens. Since 2019, the government still pays close attention to the existence of Covid-19, by implementing various policies to ensure health protection for the citizens as a Constitutional...

Analisis Terhadap Sengketa Informasi Publik Dokumen Perjanjian Kerja Sama (PKS) Pada Program Kartu Prakerja

This paper analyzes the public information dispute regarding the Memorandum of Agreement (PKS) document for the Pre-Employment Card program in the Central Information Commission Decision No. 013/VI/KIP-PS-A/2020 and Jakarta Administrative Court Decision No. 233/G/KI/2020/PTUN.JKT to see whether public bodies have implemented the principle of transparency in PKS documents. The...

Adopsi Nilai dan Prinsip Hukum Pidana Islam tentang Delik Kesusilaan Zina dalam Kitab Undang-undang Hukum Pidana Nasional

This research focuses on the fundamental justification for the policy of inserting Islamic criminal law values into the National Criminal Code, especially regarding the policy of criminalizing the moral offense of adultery and the form of adoption of the said values and principles of Islamic criminal law in the National Criminal Code, particularly on the policy of criminalizing...

Kedudukan Harta Waris dalam Kaitannya dengan Program Pengungkapan Sukarela dalam Perpajakan

The government issued a policy of Voluntary Disclosure Program bearing a final tax rate which is later known as PAS FINAL to avoid the imposition of 200% administrative sanctions if discovered by auditors. However, socialization is not carried out sustainably and optimally. The government optimizes fiscal revenues through the Voluntary Disclosure Program (PPS) through Law Number...

Sikap Hakim dalam Menerapkan Pasal 1321 KUHPerdata: Studi Putusan Pengadilan di Indonesia

In legal science, coercion, error and fraud as regulated in Article 1321 of the Civil Code are classic defects of will. Parties who express an agreement without freedom, based on Article 1449 of the Civil Code, are given legal protection in the form of the right to request cancellation of the agreement. The problem is that the defect in the will lies in the process of forming the...

Akuntabilitas Penegakan Hukum Terhadap Aparat Kepolisian yang Melakukan Tindak Kekerasan

Over the past few years, police violence has often occurred when providing security at mass demonstrations, as well as during arrests and investigations. This research discusses whether law enforcement by law enforcers who commit violence in carrying out their duties is in accordance with the values of justice, and what ideal law enforcement is for enforcers who commit violence...

Urgensi Konsep Pembaruan Perlindungan Hukum Terhadap Whistleblower Tindak Pidana Korupsi di Indonesia

The existence of a whistleblower really benefits law enforcers in uncovering criminal acts of corruption. The role of a whistleblower in uncovering criminal acts of corruption carries a very big risk considering that many parties feel disadvantaged because of the testimony of a whistleblower. Protection for whistleblowers must be provided with clear and adequate statutory...

Penerapan Polluter Pays Principle dalam Perkara Tumpahan Minyak di Teluk Kota Balikpapan

The environmental pollution that occurred in Balikpapan Bay was the result of a pipe leak caused by PT Pertamina (Persero) Refinery Unit V, where this is the largest environmental pollution occurring with the impact of an oil spill that threatens the sustainability of the ecosystem in the sea and the coastal communities of the bay of Balikpapan City. This study aims to analyse...

Legal Construction of Stateless Person Who Resides in Indonesia in Terrorist Financing

This research aims to describe and to analyze Article 2 (2) point g of the Indonesian Terrorism Financing Law and to identify its formal requirements. The approaches used in this paper are statutory and conceptual. As a normative study, this paper exhibits that there is the possibility of Stateless Persons residing in Indonesia as perpetrators of Terrorist Funding in accordance...

Pengaturan Jabatan Rangkap Anggota Direksi dan Dewan Komisaris BUMN: Perbandingan Indonesia dengan Amerika Serikat

This research aims to identify the comparison between the arrangements for interlocking directorates or dual positions of Directors and Commissioners of BUMN in Indonesia and the United States. This is because the two countries have different arrangements and approaches to proof. The problem formulation in this research is how interlocking directorates are regulated in the United...

Kewenangan Pemerintah Pusat dan Daerah dalam Kerangka Green Tax Reform

This research is aimed at examining the dynamics of the authority of the Central Government and Regional Governments as well as examining the expansion of authority that can be granted within the framework of green tax reform. This research uses juridical legal research methods with historical, conceptual, statutory, and comparative approaches. The results of the study concluded...

Makna dan Penerapan Uang Pisah pada Pemutusan Hubungan Kerja dalam Hukum Ketenagakerjaan Indonesia

The Employment Law, the Job Creation Law and their derivatives only provide separation pay as an obligation of the employer which must be fulfilled to the employee when terminating their employment relationship due to certain reasons, while leaving the amount to be regulated in the separate work agreement, the company regulations or the collective work agreement. The absence of...

Space War and the Regressive Development of the Principle of Common Heritage of Humankind: Legal vs. Technological Weapons

Deep under the waters, HMS Challenger discovered the polymetallic nodules during its scientific expeditions in the Kara Sea part of the Arctic Ocean in 1868. Whilst in the vastness of the skies above, the Clementine and Lunar Prospector indicated the existence of water ice at the lunar poles during the period of 1994 to 1999. In 2003, the SMART-1 lunar orbiter of the European...

Konsepsi Pendidikan Sebagai Hak Konstitusional

This research generally aims to identify the developments in the concept of human rights at both the national and international levels. In particular, this study analyzes how the conception of education is a constitutional right of every Indonesian citizen. This study employs normative legal research methods supported by several approaches, namely conceptual, statutory and...

Metode Omnibus Law dalam Pembaharuan Hukum Pembentukan Peraturan Perundang-Undangan di Indonesia (Studi Perbandingan Negara Kanada, Amerika Serikat, Filipina dan Vietnam)

The method for forming omnibus laws and regulations is relatively new to positive law for the formation of laws and regulations in Indonesia, considering overlapping regulations are one of the legal issues for reforming laws and regulations in Indonesia that need serious attention. There is a great number of laws and regulations that overlap each other, both horizontally and...

Partisipasi Publik dalam Penyusunan Dokumen Analisis Dampak Lingkungan Pasca Berlakunya Undang-Undang/Perppu Cipta Kerja

The Job Creation Law (which has been revoked by Government Regulation in lieu of Law (Perpu) Number 2 of 2022) is a government effort to overcome overlapping regulations to increase investment. This research raises two problem formulations: First, how does the Job Creation Law/Perpu regulate the principle of public participation, particularly in the preparation of the...

Pencantuman Label Alergen dalam Pelabelan Produk Pangan Sebagai Bentuk Perlindungan Konsumen

The purpose of this study is to present a normative analysis of the labeling of food products in Indonesia and the relationship between information disclosure on food labels and the implementation of consumer protection. This research uses normative juridical methods. The results conclude that first, the current global food issue is the danger of consuming food ingredients that...

Hukum Adat dalam Penyelenggaraan Pemerintahan Desa Adat di Kabupaten Siak Provinsi Riau dan Provinsi Bali

The village as a customary law community unit has its original composition, which is the right of origin that is recognized in the framework of the 1945 Constitution. The implications of the implementation of Law Number 6 of 2014 on Villages revived the spirit of the Regional Government of Siak Regency and Bali Province to carry out the arrangement of a model of governance of...

Rekonstruksi Pasal 119 Huruf b Undang-Undang No. 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup Berbasis Utilitarianisme

Article 119 section b of Law No. 32 of 2009 on Environmental Protection and Management stipulates that "Corporations or business entities may be subject to additional criminal or disciplinary measures in the form of shutting down their places of business and/or activities entirely or partially. The logical consequence of this article is that corporations or business entities will...

Undang-Undang Cipta Kerja Pasca Revisi Kedua Undang-Undang Nomor 12 Tahun 2011

This study analyzes the Second Amendment to the Law on the Establishment of Legislation (UU P3) which accommodates the omnibus law method. The omnibus law method was previously unknown to the civil law legal system adopted in Indonesia, therefore when this method was implemented in the Job Creation Law (UU Ciptaker), it invited pros and cons in the society, even differences of...

Mencermati Kewenangan Daerah untuk Melakukan Hubungan Luar Negeri: Batasan Kewenangan dan Keabsahannya

The authority to carry out foreign relations lies on the Central Government. However, the Regional Government can also establish relations with other regions abroad. This paper reviews the boundaries between regional and central authorities when conducting foreign relations within the conceptual framework of the regional autonomy in Indonesia. This paper attempts to answer two...

Peran Teknologi Finansial Dalam Pencegahan Pendanaan Terorisme

Financial technology (fintech) has the potential to become a new means and threat to finance terrorism. This study aims to provide an analysis regarding the concrete role that can be played by financial technology in preventing the financing of terrorism. This is a normative legal research that uses statutory and conceptual approaches. The results of this study conclude that...