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)

Prospek Relasi Dewan Perwakilan Daerah Dengan Partai Politik

This article analyzes the relationship between the Regional Representative Council (DPD) and political parties that are often confronted diametrically. The questions presented, what is the historical factor for the formation of the DPD and the comparison of the practices of several countries in relation to regional representative bodies and political parties? What are the...

Pemenuhan Hak Atas Informasi Masyarakat Dalam Pelaksanaan Pengadaan Tanah: Studi Pengadaan Tanah Taman Budaya Sleman

This research is aimed at examining the relationship between the implementation of the principle of openness of the government to the fulfillment of the right to information in the land acquisition activity of the Sleman Cultural Park. The problems in this research are, first, what is the concept of fulfilling the right to information in the land acquisition policy for the public...

Keterbukaan Informasi Sebagai Mitigasi Risiko Peer To Peer Lending (Perbandingan Antara Indonesia Dan Amerika Serikat)

The development of peer to peer lending (P2PL) in Indonesia will always be followed by the formation of the latest regulations. However, the existing regulations do not sufficiently regulate the disclosure of information. On the other hand, in the United States as the country with the largest P2PL, information disclosure is a major part in the implementation of P2PL. The...

Urgensi Pembatasan Kekuasaan Presiden Dalam Pengangkatan Wakil Menteri Pasca Reformasi

Law Number 39 of 2008 gives the president authority to appoint a Deputy Minister. However, the appointment of the Deputy Minister, both in terms of regulation and practice, did not restrict the power of the President as mandated by the 1945 Constitution after the reform. There are 2 problem formulations in this research: first, what are the dynamics of the post-reformation...

Integrasi Antara Komisi Pengawas Persaingan Usaha Dan Penyidik Kepolisian Dalam Penegakan Hukum Persaingan Usaha

The handling of unfair business competition cases by the Business Competition Supervisory Commission (KPPU) cannot run alone without the help and support of other law enforcement agencies, one of which is the Police Investigator. Its support is related to the summoning of the reported, witnesses and expert witnesses, collection of evidence and examinations that contain elements...

Perlindungan Hukum Masyarakat Terhadap Hak Atas Tanah Ber-Status Quo Di Pulau Galang

The land problem in Galang Island started from the unclear division of authority between the Batam Regional Authority and the Batam City Government as well as the land status of the Galang Island area which led to the status quo. Meanwhile, the community already has their rights, but is considered to be in an illegal location. The formulation of the problem in this research are...

Perlindungan Hukum Usaha Mikro, Kecil, Dan Menengah Melalui Fasilitasi Sertifikasi Halal Produk Pangan (Studi terhadap Praktek di Kalimantan Tengah)

Halal certification for products is the obligation of all business actors (Article 4 UUJPH). MSMEs also need to enjoy the facility of halal certification from local governments, but the number of halal-certified UMKM products in Central Kalimantan tends to be low. This research raises two problems, first, how to facilitate the implementation of halal certification for UMKM...

Pendaftaran Pendirian Badan Usaha Secara Elektronik Melalui Sistem Administrasi Badan Usaha

The purpose of this study intends to identify, first, the legal certainty of granting integrated licensing through Online Single Submission (OSS), in connection with the registration of business entities electronically (online) through the Business Entity Administration System (SABU) at the Director General of AHU of the Ministry of Law and Human Rights. Second, steps that must...

Penyelesaian Sengketa Ekonomi Syariah Melalui Mediasi Pada Masa Pandemi di Pengadilan Agama Wilayah Yogyakarta

Sharia economic dispute resolution through mediation has many advantages, but the percentage of success in the process of sharia economic dispute resolution through mediation at the Yogyakarta Regional Religious Court is still low. Furthermore, it was speculated that a pandemic condition gives influence to the mediation implementation optimally. The research was to examine the...

Eksistensi Dan Keabsahan Surat Keputusan Bersama 3 Menteri Tentang Penjatuhan Sanksi Terhadap Pegawai Negeri Sipil

This study analyzes the Joint Ministerial Decree (SKB) of 3 Ministers on the imposition of sanctions against Civil Servants (PNS) who commit criminal acts of occupational crimes or crimes related to their positions. This is a normative research, with a statutory approach and conceptual approach. The results of this study conclude that this SKB is a policy regulation that becomes...

Pelaksanaan Pemenuhan Hak Atas Aksesibilitas Pendidikan Tinggi Bagi Penyandang Disabilitas Di Yogyakarta

There are two backgrounds to this research, namely the mandate of the Convention on the Rights of Persons with Disabilities and Law Number 8 of 2016 to provide inclusive education for persons with disabilities, and conditions of higher education services and facilities that are not yet suitable for access for persons with disabilities. This research was conducted to answer two...

Uji Reliabilitas Sendai Framework for Disaster Risk Reduction Dalam Rehabilitasi Kawasan Ekonomi Khusus Tanjung Lesung

State has the main responsibility in any disaster management process. The Sendai Framework for Disaster Risk Reduction (SFDR) is an international disaster management agreement in a country which Indonesia also ratifies. The research objective is to determine how the reliability test of the SFDRR in the rehabilitation of the Tanjung Lesung Special Economic Zone (KEK) after the...

Jaminan Atas Pemenuhan Hak Keamanan Data Pribadi Dalam Penyelenggaraan E-Government Guna Mewujudkan Good Governance

This paper focuses on discussing the integration between the implementation of e-government as an alternative to public services with the principles of good governance and the existence of legal guarantees in the implementation of e-government that can fulfill the right to personal data for private information contained in the e-government system. The study was conducted using...

Implementasi Pelayanan Hak Tanggungan Elektronik Bagi Kreditor dan Pejabat Pembuat Akta Tanah

Electronic Mortgage Services since 8th of July 2020 have been implemented simultaneously without going through an adequate transition and socialization period, which raises problems for its users. This research examines, first, how is the implementation of the electronic mortgage service mechanism for Creditors and PPAT? second, how to solve the obstacles faced by users of...

Makna Pengalihan Hak Kepemilikan Benda Objek Jaminan Fidusia Atas Dasar Kepercayaan

The concept of fiduciary in legislation is “the transfer of ownership rights to an object on the basis of belief”, while jurisprudence defines it as “the transfer of property rights based on trust”. However, the object whose ownership rights have been transferred remains in the hands of the fiduciary. This fiduciary concept contains ambiguity, because in its imposition it is not...

Orientasi Filosofis Hakim Pengadilan Agama Dalam Menyelesaikan Sengketa Ekonomi Syariah

The purpose of this study is to determine the philosophical basis in the legal finding school of thoughts used by religious court judges and their orientation in resolving sharia economic disputes. The research problem is answered by using a normative method with a case and conceptual approach. The results of the research and discussion conclude that first, sharia economic...

Hubungan Presiden dan Dewan Perwakilan Rakyat Pasca Amendemen Perspektif Teori Constitutional Retrogression

The term Constitutional Retrogression was introduced by Aziz Huq and Tom Ginsburg to identify regress of the constitution, given that the constitution is formed as a safeguard for democracy. This identification is based on three basic principles of democracy, namely, competitive elections, freedom of speech and assembly and the quality of the law. In recent years, proposals for...

Kajian Hak Ulayat Di Kabupaten Kampar Dalam Perspektif Peraturan Perundang-Undangan Dan Hukum Adat

The existence of ulayat land rights for adat law communities in Kampar Regency is recognized in customary law across generations based on Adat Jati Andiko Nan 44. Development of ulayat land rights arrangements has shifted because they are regulated based on adat law and statutory regulations. The purpose of this research is to examine the recognition and protection of ulayat land...

Perbandingan Administrasi Peradilan Dalam Keadaan Darurat (Judicial Emergency) Akibat Pandemi Covid-19 Di Amerika Serikat Dan Di Indonesia

The determination of a state of emergency clearly affects not only the executive and legislative branches of power but also the judicial power. The establishment of a state of emergency for the Covid-19 Pandemic in various countries has a direct or indirect effect on judicial powers in carrying out their duties and functions. This article is intended to compare the application of...

Pengaturan Ideal tentang Pengelolaan Daerah Aliran Sungai di Indonesia (Studi di Sungai Serang Kabupaten Kulon Progo)

Watershed management is closely related to regulations on the affairs of local governance, water resources, spatial planning, as well as soil and water conservation. All forms of regulation relating to watershed management must be strictly regulated as the legal basis for watershed management in Indonesia. This study aims to identify, understand, and analyze the juridical...

Problematika Pengaturan Tindak Lanjut Putusan Mahkamah Konstitusi Dalam Perkara Pidana Oleh Mahkamah Agung

There are several decisions of the Constitutional Court (MK) regarding judicial review which are not only difficult to implement in practice but also followed-up in a variety of ways. Several norms in the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), are some of those that are often petitioned for review at the Constitutional Court. There are two main problems in...

Advokasi Perempuan Korban Kekerasan Melalui Model Clinic Legal Education

The increase in criminal acts of women's violence during the Covid-19 pandemic has an impact on the difficulty of access to advocacy, on the contrary, the provision of advocacy service institutions is limited plus the lack of legal aid resources. This paper aims to analyze the typology of women victims of violence in using access to advocacy rights and fulfillment of advocacy for...

Persoalan Hukum Penyelesaian Hak atas Tanah dan Lingkungan Berdasarkan Perubahan Undang-Undang Minerba

Law Number 3 of 2020 on Amendments to Law Number 4 of 2009 on Mineral and Coal Mining (Law No.3 of 2020) contains substantial problems. The problems are first, regarding the settlement of land rights for problematic mineral and coal mining business activities, second, regarding the licensing mechanism and environmental supervision of mining areas after Law No. 3 of 2020. The...

The Organisation For Economic Cooperation And Development Guidelines Dan Pengaruhnya Terhadap Pengaturan Pajak Pertambahan Nilai Atas Jasa Di Indonesia

Research on the practice of collecting Value Added Tax (VAT/PPN) on service exports carried out in Indonesia uses two conflicting principles, namely the destination principle and the origin principle. The application of these two principles can eliminate the essence of VAT neutrality and lead to double taxation and unintended double taxation. According to the OECD, the most...

Efektivitas Hukum Pelestarian Bangunan Dan Lingkungan Cagar Budaya Di Kota Denpasar

The Regional Regulation on Cultural Heritage of Denpasar City has been in effect for 5 years, it is very important to assess its effectiveness. There are two problems raised in this study. First, how effective is the Denpasar City Cultural Heritage Regional Regulation? Second, what is the strategy to achieve the effectiveness of the Denpasar City Cultural Heritage Regional...