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)

Jabatan Rangkap Dalam Hukum Persaingan Usaha Di Indonesia Dan Amerika Serikat

Under the Indonesian Competition Law, interlocking directorate in companies is not absolutely prohibited. This is in contrast to the US Competition Law which prohibits it per se. Nevertheless, the enforcement of competition law for cases relating to interlocking directorate held in the two countries have similarities, namely that it is necessary to prove should there be any...

Kepemilikan Hak Milik Atas Satuan Rumah Susun Warga Asing dalam Undang-Undang Cipta Kerja

This study aims to analyze the characteristics of certificates of ownership of flats owned by foreign citizens and its implementation as regulated under the Job Creation Law from a social justice perspective. This article uses normative legal research methods. The sources of data used are secondary sources of data which include primary and secondary legal materials. The method of...

Demokratisasi Internal Partai Politik Era Reformasi: Antara Das Sollen dan Das Sein

Political parties as the main feature of representative democracy may only be able to function optimally in upholding the principles of democratic government if they are managed internally in a democratic manner. It is impossible for a democratic program to be developed by a non-democratic political party. This paper aims to comprehensively analyze the development of arrangements...

Peran Dan Tanggung Jawab Organisasi Bantuan Hukum Dalam Memberikan Akses Keadilan Secara Prodeo Di Daerah Istimewa Yogyakarta

Legal aid is a crucial instrument in the justice system as it serves the part in the protection of human rights for every citizen, including people who cannot afford it. This study examines and analyzes the roles and responsibilities of legal aid organizations (OBH) in providing access to justice for free legal services in the Special Region of Yogyakarta (DIY), as well as the...

Pengaruh Implementasi Kebijakan Proteksionisme Melalui Tingkat Komponen Dalam Negeri Terhadap Tender/Seleksi Internasional

The policy of protectionism has been adopted by a number of countries including Indonesia with the aim of protecting and improving the quality of domestic products. One form of the protectionism policy is through the Local Content Requirement which is realized by the Domestic Component Level (TKDN) policy. This policy affects the implementation of international selection process...

Alternatif Penghukuman Selain Penjara: Analisis Hermeneutika Kritis Dan Critical Legal Studies

The prison model as a form of punishment and retribution for acts and perpetrators of crimes has received criticism from some scientists and legal activists. Critical Legal Studies (CLS) personnel criticize the model of punishment by imprisonment because of its positivistic nature. The norm of applying prison law is considered universal without regard to the relativity and...

Studi Perbandingan Penanganan Pengungsi Luar Negeri Di Indonesia, Australia, Dan Thailand

Indonesia specifically addresses the refugee issues in Presidential Regulation No. 125 of 2016 on the Handling of Foreign Refugees. The handling of refugee status in Indonesia is handed over to UNHCR considering that Indonesia is not a party to the 1951 Refugee Convention or the 1967 Protocol. Besides Indonesia, Australia and Thailand are also not parties to the convention...

Tanggung Jawab Penjamin Pada Kredit Macet Dalam Sistem Borgtocht Di Masa Pandemi Covid-19

This study discusses the legal responsibilities of guarantors for non-performing loans in the borgtocht system during the Covid-19 Pandemic. The research method used is normative juridical. The research concludes that the guarantor's responsibility for non-permorfing loans in banks under the borgtocht system during the Covid-19 Pandemic era is in accordance with Article 1831 of...

Strategi Pemberantasan Praktik Penangkapan Ikan Secara Ilegal di Wilayah Laut Indonesia

Maritime security in Indonesia is still vulnerable because of the high level of violations at sea such as illegal fishing, as well as various threats and other problems. The practice of illegal fishing, which remains a common issue in Indonesian territorial waters has made it difficult for Indonesia to realize itself as a maritime nation. Therefore, the author intends to discuss...

Legalitas Pergantian Kekuasaan Di Afganistan Melalui Coup D’etat Oleh Taliban Menurut Hukum Internasional

Since the US withdrew all its military forces, the Taliban as one of the ultra-conservative factions managed to hold control of all Afghanistan. The dominance of the Taliban's power has peaked since the coup d'etat (coup) of the legitimate government in power under President Ashraf Ghani. The international community condemns the coup act and fears the Taliban leadership will...

Kritik Terhadap Pembuktian Hubungan Kausalitas Dalam Putusan Pengadilan Terkait Pasal 93 Undang-Undang Kekarantinaan Kesehatan

This study aims to analyze and evaluate the accuracy of the judges' legal considerations in proving a causal relationship in Article 93 of the Health Quarantine Act. This is a normative legal research by bearing in mind that what is studied are the legal facts and legal considerations of judges in 3 (three) court decisions that have permanent legal force in the case of Habib...

Relasi Kewenangan Pemerintah Pusat dan Pemerintah Daerah dalam Penataan Kawasan Metropolitan Jabodetabek-Punjur

The arrangement concept and development of the Metropolitan Area poses as one of the most interesting issues relating to local government law. Although the Regional Government Law provides flexibility for local governments to regulate and manage their regional affairs, in the Metropolitan Areas however, the Central Government takes part in structuring the regulations and...

Keadilan Restoratif sebagai Upaya Penguatan Sistem Penegakan Hukum Terhadap Pelaku Penyelundupan Pengungsi

The purpose of the research is to analyze first, the criminal arrangement of the perpetrators of refugee smuggling and its implementation in Indonesia. Second, if a restorative justice approach can be an alternative in an effort to strengthen the criminalization process for perpetrators of refugee smugglers. This normative juridical research uses a statutory and conceptual...

Akad Nikah Virtual Perawat Saat Covid-19: Tinjauan Hukum Perkawinan Islam dan Hukum Kesehatan

Nurses are at the forefront of handling COVID-19. Technological advances plus the Covid-19 emergency resulted in the implementation of the marriage contract being carried out virtually by nurses while undergoing isolation. This study aims to analyze the practice of virtual nurses' marriage contracts during the covid-19 pandemic according to marriage law and health law. This is a...

Tanggung Gugat Terhadap Penyalahgunaan Hak Guna Usaha pada Lahan Perkebunan

Misperceptions or misconceptions on the importance of land in people's lives by turning land into an economic commodity have triggered social conflicts, one of the most prominent problems in the land sector lately is social conflict over plantation land. The problems studied in this research are how is the mechanism for the permit of Cultivation Rights (Hak Guna Usaha, HGU) on...

Ketegangan Hukum Antara Sanksi Adat Kasepekang Dengan Humanisme Hukum Di Desa Adat Paselatan, Kabupaten Karangasem, Bali

The arena of tension between kasepekang indigenous sanctions and legal humanism occurred in the Paselatan Traditional Village, Karangasem Regency, Bali. One family residing in the traditional village received customary sanctions in the form of being temporarily dismissed as krama (citizen) due to not being able to pay off debt loans at the Paselatan Traditional Village Credit...

Perlindungan Hukum Tenaga Kerja Dengan Sistem Outsourcing Di Indonesia

The problem brought up in this research is the implementation of legal protection for outsourcing workers is still minimal, especially with the enactment of Law Number 11 of 2020 on Job Creation, which is considered to be increasingly legalizing outsourcing. The purpose of this research is to analyze the legal protection for outsourced workers in Indonesia. This is a normative...

Kebijakan Pembangunan Infrastruktur Liquified Natural Gas Untuk Pemenuhan Kebutuhan Energi Listrik

This study aims to determine the policy of fulfilling electrical energy in Indonesia and the policy of developing liquified natural gas (LNG) infrastructure in the fulfillment of electrical energy in Indonesia. The method used in this research is normative research so that the data used is secondary data collected through literature study. The results of the study conclude that...

Relevansi Hukum Adat Kei Larvul Ngabal Dalam Pembaharuan Hukum Pidana Nasional

This research focuses on exploring and elevating the values of Kei Larvul Ngabal indigenous law in criminal law reform, by proposing 2 (two) problem formulations. First, how is the existence of Larvul Ngabal indigenous law in the Kei community? Second, how is the relevance of the Kei indigenous criminal law in the reform of the national criminal law? The research method used is...

Urgensi Pengaturan Prinsip Keterbukaan Dalam Equity Crowdfunding Dan Implikasinya Terhadap Perlindungan Investor

The implementation of equity crowdfunding (ECF) is part of capital market activities. Capital market activities prioritize the principle of transparency in order to safeguard the trust of the investors. However, Financial Services Authority (OJK) regulations regarding ECF do not provide clear and adequate arrangements for the obligations of the principle of transparency. The...

Akibat Hukum Pemegang Hak Tanggungan Yang Tidak Mendaftarkan Sebagai Kreditor Dalam Kepailitan

This study focuses on the dualism of security law and bankruptcy law. The purpose of this study is to identify and analyze two issues: first, the legal consequences for mortgage holders who are not registered as creditors as well as the 60-days expiration of self-execution in bankruptcy; and second, legal protection for mortgage holders who are not registered as creditors...

Renegosiasi Kontrak Sebagai Upaya Penyelesaian Pelaksanaan Kontrak Saat Pandemi Covid-19

The COVID-19 pandemic proves the difficulties for business actors to operate their businesses, hence many of them face constraints in fulfilling their obligation to the creditors, which subsequently causes these debtors to be declared in default. Creditors as parties entitled to the fulfillment of the obligation are expected to understand the difficulties faced by debtors due to...

Perlindungan Hukum Dan Keadilan Para Pihak Melalui Ex Officio Hakim Dalam Putusan Verstek Perkara Perceraian

Examination of divorce cases should present both husband and wife before the court so that their statements can be heard and peace can be sought. However, the empirical reality of the settlement of divorce cases by judges in the Religious Courts (PA) are generally decided by verstek and have even dominated the number of divorce decisions in several regions in Indonesia. The issue...

Pertanggungjawaban Pidana Korporasi Menurut Vicarious Liability Theory

The development of the corporation is eventually positioning itself as an entity that gets stronger and more powerful due to its advantages over entities in the form of natural humans. These advantages can be realized through a combination of a group of people and assets that they can create a social impact around them. Corporations that have been sentenced to criminal penalty in...

Perspektif Maqashidus Syari’ah Menyikapi Dinamika Hukum Ketatanegaraan Islam

The concept of a nation state with a very diverse population triggers the need for new analytical tools in religious studies. This is solely to find the legal standing element in the area of contemporary religious studies. In the context of the Unitary State of the Republic of Indonesia (NKRI), the existence of Pancasila as the ideology needs to acquire its legal standing by...