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)

Keadilan Pemilu Dalam Perkara Pidana Pemilu: Studi terhadap Putusan Pengadilan

Electoral justice can be seen from at least two important aspects, namely the procedure of the election implementation and the mechanism for resolving election-related offences. Election-related offences are understood as actions that are contrary to the provisions of laws and regulations relating to elections. One of the said election-related offences is resolved through the...

Pengawasan Terhadap Informasi Asimetri Dalam Laporan Keuangan Yang Mempengaruhi Transaksi Saham Di Pasar Modal

This article discusses the disclosure of information in a company's financial statements. The company reports its financial statement to the Financial Services Authority (OJK) in accordance to the information disclosure regulations. Information that has not been revealed poses as the problem. The information contained in the financial statements causes stock prices in the capital...

Studi Komparatif Penyelesaian Sengketa Lingkungan Di Pengadilan Tata Usaha Negara Indonesia Dan Thailand

This study aims to analyze the comparison of environmental dispute resolution in the State Administrative Court (PTUN) of Indonesia and its Thailand equivalent. This is a normative legal research, using statutory and comparative approaches. The results of the study are presented in an analytical descriptive form. The results of the study conclude that first, the equatlisation for...

Pengaturan Pengendalian Covid-19 Dalam Perspektif Hak Atas Lingkungan Hidup Yang Baik Dan Sehat

The right to a good and healthy environment is one of the fundamental human rights, which consequently obliges the state to respect, protect, and fulfill the right. This study aims to analyze the Covid-19 control arrangements associated with the fulfillment of the right to a good and healthy environment, as well as the efforts that can be made if the right is not fulfilled due to...

An Epilogue To Bilateral Investment Treaties Regime And The Fate Of Foreign Investments Protection In Indonesia

Indonesia began its BITs termination movement in early 2014 by calling off the Netherlands-Indonesia BIT 1992. As of today, 29/55 of the country’s BITs that are in force have been terminated. By adopting the normative research method and utilising statutory and conceptual approaches, this paper examines two issues: first, mapping the landscape of international investment law in...

Inkompatibilitas Metode Omnibus Law Dalam Penyederhanaan Regulasi

This study focuses on the application of the omnibus law method in the simplification of regulations. This study aims to analyze two things. First, the application of the omnibus law method in the simplification of regulations in Indonesia. Second, formulating the reasons from which the omnibus method is not compatible in the simplification of regulations. The method used is a...

Perlindungan Hukum Pemegang Jaminan Fidusia Atas Dirampasnya Objek Jaminan Dalam Perkara Korupsi

This study aims to analyze the legal status of the object of fiduciary guarantees and legal guarantees of rights holders against objects of collateral that are confiscated by the state for payment of compensation money through court decisions on corruption committed by debtors. The research uses a normative legal research method with statutory and case approaches. The results of...

Konsekuensi Pilihan Bentuk Badan Hukum Perasuransian Di Indonesia

The focus of this research is to offer an option for the ideal insurance business legal entity form. This study aims at two things. First, to examine the legal consequences on the choices of various legal entities to administer insurance. Second, to analyze the ideal form of legal entity for insurance business. This is a normative legal research with regulatory and conceptual...

Eksistensi Negeri Ambon dan Nagari Sumatera Barat Pasca Pemberlakuan Undang-Undang Desa

In some parts of Indonesia, the community structure and government are still strictly adhered to the customary system, such as in West Sumatra and the Ambon Maluku area. With the implementation of a modern government system in the form of the village as the lowest government under the Camat, based on Law Number 5 of 1979 on Village Government, the customary community unit...

The Evolution Of Cyberterrorism: Perspectives And Progress From The European Union And Association of Southeast Asian Nation

Terrorism, which has caused casualties, economic chaos, and even environmental damage, remains a challenge that must be overcome by the state, whether at the national or international levels. It is crystal clear from the initial circumstances that there is no agreed term to define terrorism, while a new terrorism movement has emerged. By infiltrating cyberspace and hacking...

Konsep Penegakan Hukum Yang Sistematis Dalam Perselisihan Pra-Yudisial Di Indonesia

The existence of two cases based on two different legal norms at the same time can result in a 'pre-judicial dispute', hence the judge must answer the questions (1) whether there is a point of contact which causes the decision of a case depending on the decision of another case; and (2) if such interdependence exists, which case should be adjourned first while waiting for another...

Tinjauan Yuridis Penagihan Hutang Dengan Penyebaran Data Diri Di Media Sosial

This study aims to identify, describe and analyze debt collection by damaging the reputation of debt owners on social media associated with violations of criminal law in the Criminal Code (KUHP) and violations of law in the Law on Information and Electronic Transactions (UU ITE). The research method uses is a normative juridical method with a statutory approach. The results of...

Kebijakan Dan Praktek Kemitraan Era Orde Baru Serta Rekonstruksi Kebijakan Era Reformasi Di Indonesia

This study focuses on the partnership policies and practices in the investment in plantation sub-sector in New Order Era and the reconstruction of reform policies in Indonesia. This study aims to explain partnership policies and practices in the investment in New Order Era in Indonesia, and the reconstruction of the Reform Era partnership policies. This research was conducted by...

Pemenuhan Hak Bagi Masyarakat Adat Oleh Negara Di Bidang Hutan Adat

The purpose of this research is firstly, to examine the applicability of the Forestry Law in fulfilling the right to prosperity for indigenous peoples as regulated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Second, as a material for evaluation and recommendation of the Forestry Law so that the state can provide protection for the prosperity...

Kedudukan Dan Materi Muatan Peraturan Menteri Dalam Perspektif Sistem Presidensial

The obesity of regulations at the central and regional levels lead to problems in structuring legislation. The various ministerial regulations make it difficult for local governments to follow up. The problems studied in this research are first, what is the position and content of ministerial regulations in the perspective of legislation and the presidential system in Indonesia...

When Double Intention Ignored: A Study of Corruption Judicial Decisions

This study aims to analyze the application of participating perpetrator in court decisions in corruption cases. The research question is whether the double intention as a condition for participating perpetrator in the decision of a corruption case is fulfilled? As a normative legal research, the study in this research is focused on the ratio of four decisions on corruption cases...

Permaafan Dan Diat Alternatif Pidana Penjara Pada Tindak Pidana Pembunuhan Biasa (Doodslag)

The purpose of this study is to first, find the argument that forgiveness and punishment are needed as an alternative to other sanctions from imprisonment for the crime of murder. Second, to explain the criminal system in the application of forgiveness and punishment to ordinary murders in Islamic criminal law. Third, outlining/analyzing the policy of criminalizing the sanctions...

Pemenuhan Kewajiban Negara Terhadap Pekerja Terdampak Kebijakan Penanganan Covid-19 Di Kota Semarang

The employment sector is the most severely affected by the Covid-19 pandemic, including in Indonesia. More than 2 million people have lost their jobs, meaning they no longer have the income to make ends meet. This study aims to identify and analyze the impact of the Covid-19 pandemic on the employment status of workers in Semarang City, as well as the efforts made by the Semarang...

Persoalan dan Konstruksi Norma Pengaturan Pembatasan Kebebasan Berkumpul Di Indonesia

This article analyzes normative issues in various laws and regulations governing the handling of freedom of peaceful assembly. The formulations of the problems analyzed in this article are: first, whether the regulation and limitation of the right to peaceful assembly in Indonesia are in line with international human rights ideals. Second, how are the arrangements and...

Analisis Yuridis Kewenangan Pemerintah Desa Dalam Pengelolaan Dana Desa Untuk Kesehatan Di Kabupaten Banyumas

This research departs from the use of village funds which are still oriented towards infrastructure development in the midst of the low Human Development Index in Banyumas Regency which is influenced by the level of community health. The purpose of the research is to identify first, the authority of the Village Government in the use of village funds for health sector activities...

Prinsip Pembuktian Sederhana dalam Permohonan Penundaan Kewajiban Pembayaran Utang

This study aims to determine firstly, the application of simple evidenciary in the application for Postponement of Debt Payment Obligations (PKPU) and secondly, the comparison of the concept of simple evidenciary in PKPU. The research method used is normative legal research, data is collected by means of literature studies and documents written descriptively and analyzed...

Konsep Pengenaan Pajak Alat Berat Pasca Putusan Mahkamah Konstitusi Nomor 15/PUU-XV/2017

Constitutional Court Decision No. 15/PUU-XV/2017 opens up opportunities for the imposition of taxes on heavy equipment with a new legal basis through amendments to Law no. 28 of 2009 on Regional Taxes and Levies. Therefore, legislators need to think about the right concept of tax on heavy equipment, especially with regard to the environmental impacts caused as a result of its...

Kebijakan Hukum Vrijwillige Orderwepping Dan Toepasselijk Verklaring Sebagai Unifikasi Pemerintah Hindia Belanda

This paper aims firstly, to identify the background of how the Vrijwillige Onderwepping and Toepasselijk Verklaring policies are made. Second, to explore the influence of the policies of Vrijwillige Onderwepping and Toepasselijk Verklaring in realizing legal unification in the Dutch East Indies. The method used is normative juridical with statutory and historical approaches. At...

Pengaturan Larangan Plastik Sekali Pakai: Kritik Terhadap Putusan Mahkamah Agung Nomor 29 P/Hum/2019 Dari Perspektif Teori Dan Hukum Perundang-Undangan

This article discusses the Supreme Court Decision Number 29 P/HUM/2019 on the Judicial Review of Article 7 and Article 9 paragraph (1) of Governor of Bali Regulation No. 97 of 2018 on Restrictions on the Generation of Single-use Plastic Waste. The Supreme Court (MA) rejected the applicant's application with a dedicendi ratio that the a quo Governor's Regulation was justifiable as...

Prinsip Maslahah Pada Putusan Mahkamah Konstitusi Terhadap Perkawinan Bagi Umat Beragama Dan Penghayat Kepercayaan

This study aims to provide insights on the Constitutional Court Decision Number 97 / PUU / XIV / 2016 on filling-in the space for religion or belief in the Identity Card (KTP) has maslahah value for the community. This can be declared true after an analysis of the objectives and their enforcement in Indonesia has been carried out. Maslahah values are manifested by the certainty...