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)

Perspektif Hukum Pidana Dalam Polemik Pengajuan Sumpah Advokat: Telaah Putusan Mahkamah Konstitusi Nomor 35/PUU-XVII/2018 Atas Surat Ketua Mahkamah Agung RI Nomor 73/KMA/HK.01/IX/2015

The discussion regarding a single forum for advocates has been widely analyzed, but after the issuance of the Letter of the Chief Justice of the Supreme Court Number 73 / KMA / HK.01 / IX / 2015, the concept of a single container still leaves big questions. One of the questions in the realm of criminal law is whether the letter of the Chief Justice that allows an advocate...

Optimalisasi Peran Penegak Hukum Dalam Menerapkan Pidana Kerja Sosial Dan Ganti Rugi Guna Mewujudkan Tujuan Pemidanaan Yang Berkeadilan

This study aims to determine the obstacles in implementing social work sanction and compensation by law enforcers and the efforts that must be undertaken in order to achieve the objective of fair punishment. The approach method in this research is a sociological juridical approach. The research specifically used analytical descriptive method. The results of this study conclude...

Problem Pengaturan Upaya Paksa Penangkapan Terhadap Pelaku Tindak Pidana Narkotika

One of the highlights in Law Number 35 of 2009 on Narcotics, is that there are 2 institutions authorized to carry out investigations, namely the National Narcotics Agency (BNN) and the Indonesian National Police. BNN investigators in the authority to attempted forced arrest using the legal basis of Article 76 of Law no. 35 of 2009 on Narcotics, while the Police investigators use...

Penggunaan Tentara Anak Oleh Aktor Selain Negara Ditinjau Dari Hukum Humaniter Internasional

The use of children as combatants is not only carried out by the state, but also by actors other than the state. Children aged 8 to 14 are armed, trained and fielded in combats. The recruitment of child soldiers is generally prohibited by international law. There are several international legal instruments that prohibit the involvement of child soldiers in armed conflict. However...

Urgensi Plea Bargaining System Dalam Pembaruan Sistem Peradilan Pidana Di Indonesia: Studi Perbandingan Plea Bargaining System Di Amerika Serikat

This study aims to answer two problems: first, how is the concept of implementing a bargaining system in the criminal justice system in the United States? Second, what is the urgency of implementing the Plea Bargaining System in reforming the criminal justice system in Indonesia. The research method used is juridical normative with a conceptual approach and comparison method...

Potensi Penyimpangan Hukum Dalam Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2020

The development of the Corona Virus Disease-2019 (Covid-2019) was followed-up by the Government by issuing a Government Regulation in lieu of Law Number 1 of 2020 (Perpu Number 1 of 2020). The formulation of the problem to be answered in this research is what is the potential for legal irregularities in Government Regulation in lieu of Law Number 1 Year 2020? The research method...

Kompabilitas Penggunaan Metode Omnibus Dalam Pembentukan Undang-Undang

Each legal system has its own theory of statutory formation, both countries that apply civil law and common law legal systems. The tendency to form laws in Indonesia after the realization of the need for regulatory reform has resulted in a growing awareness of making breakthroughs by using the omnibus method which is generally applicable in countries that apply the common law...

Reformulasi Eksekusi Kebiri Kimia Guna Menjamin Kepastian Hukum Bagi Tenaga Medis/Dokter Dan Perlindungan Hukum Bagi Pelaku Pedophilia

This research focuses on establishing chemical castration as additional criminal penalty. Chemical castration is intended to minimize sexual crimes against children. However, this additional punishment of chemical castration is conflicted with the ethics of the medical profession and the additional punishment of chemical castration is due to the lack of technical instructions for...

Risiko Koalisi Gemuk Dalam Sistem Presidensial Di Indonesia

This study focuses on the risk of a fat coalition in the presidential system in Indonesia. This research aims to obtain three things. First, the reasons for the emergence of fat coalitions in the presidential system. Second, the risks that fat coalitions pose to presidential systems. Third, offer a concept to restore executive and legislative relations. The research method is a...

Restrukturisasi Perguruan Tinggi Swasta Sebagai Upaya Penyehatan Dan Peningkatan Kualitas Institusi

The quantity of private universities in Indonesia that is not comparable with the fulfillment of higher education quality standards and the low quality of graduates is an important issue. Efforts to streamline the number of private universities can be pursued by restructuring legal entities, by means of mergers, consolidations, acquisitions and company separation which are of...

Pengaturan Dan Penerapan Mitigasi Risiko Dalam Penyelenggaraan Peer To Peer Lending Guna Mencegah Pinjaman Bermasalah

Public interest in financial technology in the form of peer-to-peer lending (P2PL) is growing rapidly as an alternative provider of loans. In addition, it is a promising investment platform. The process of lending and borrowing between the lender and the recipient of the loan takes place through a system provided and managed by the organizing company that it provides various...

Hakikat Hukum Ekonomi (Internasional) Dalam Perspektif Teori Keadilan Bermartabat

The legal issue that is raised and examined in this article is the concern that has recently emerged behind the development of (international) economic law. As if the (international) economic law would threaten the sovereignty of countries. This type of research is normative legal research. The results of the research and discussion conclude that the anxiety over such...

Persoalan Kriteria Batasan Pertanggungjawaban Pidana Korporasi: Tinjauan Terhadap Peraturan Mahkamah Agung Nomor 13 Tahun 2016

The formulation contained in Article 4 paragraph (2) of Supreme Court Regulation (Perma) No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations, especially those related to the element of determining errors in corporate criminal liability, still creates confusion and legal debate in it. As in addition to the element of actus reus (action) which is...

Model Pelindungan Hukum Terhadap Justice Collaborator Tindak Pidana Korupsi Di Indonesia

The issue in this research is the regulation of legal protection against justice collaborators of corruption in Indonesia which is not optimal, and the absence of an appropriate protection model for optimum efforts of protection for justice collaborators in handling corruption in Indonesia. This needs to be studied because the role of justice collaborator is very much needed to...

The Status Of Maritime Militia In The South China Sea Under International Law Perspective

In order to assert its geopolitical claims in the South China Sea region, China has used an unusual method, namely the use of its fishing industry as a reserve power called maritime militias. This research aims to analyze the status of civilian fishing vessels that play a dual role as Chinese troops, as China often sends maritime militias to carry out diplomacy with low-scale...

Lembaga Negara Independen Di Indonesia Dalam Perspektif Konsep Independent Regulatory Agencies

This study aims to determine the independency of Independent State Institutions (LNI) in Indonesia with the perspective of the concept of Independent Regulatory Agencies (IRAs). In addition, it also analyzes the LNI model that is in line with the concept of IRAs. The number of Independent State Institutions (LNI) in Indonesia has relatively increased since the amendment of the...

Pengalaman Vietnam Melakukan Transplantasi Hukum: Persaingan Terhadap Kondisi Domestik Setempat

This paper describes the problems and challenges as the effects of legal transplantation. As a policy alternative, legal transplantation is an appropriate short-term solution to immediately produce a new legal formulation. This study focuses on analyzing the characters of legal transplant in Vietnam which reflects the competition in local domestic conditions. This doctrinal legal...

Hubungan Hukum Para Pihak Dalam Layanan Urun Dana Melalui Penawaran Saham Berbasis Teknologi Informasi

The development of information technology has provided many facilities for business entities to obtain funding. One way to obtain funding without going through an initial public offering process is through equity crowdfunding. Equity crowdfunding is a platform system developed and managed by a host company. The platform can be used by publishing companies to offer securities in...

Unifikasi Hukum Nasional Dalam Tindak Pidana Pembunuhan Berlatar Belakang Hukum Adat

This research describes the form of unification of national law on legal plurality in Indonesia. This is a case study research conducted in two regions in South Sulawesi, namely Jeneponto and Gowa Regencies. The aim is to investigate the unequal legal relations between positivistic national law and customary law. The methods used Werner Menski socio-legal approach and legislation...

Kompleksitas Persoalan Pemenuhan Hak Penyandang Disabilitas Di Pengadilan Negeri Pekanbaru

The population of persons with disabilities in Indonesia that continues to increase if not handled properly has the potential to cause discrimination even though there are several laws and regulations on persons with disabilities. Moreover, the social paradigm towards persons with disabilities is often likened to the person's medical inability, hence disability is considered as a...

Perlindungan Hukum Hak Kekayaan Intelektual Bagi Produk Kreatif Usaha Kecil Menengah Di Yogyakarta

There is a rather large presence of Small and Medium Enterprises (SMEs) as part of creative industry in Yogyakarta, yet the Intellectual Property Rights management is still very minimum. The problems in this study are, first, why the protection of Intellectual Property Rights is important for small and medium business entities as creative industries in the Special Region of...

Peradilan Berpancaran “Sinar Ketuhanan”: Mahkamah Konstitusi Dalam Masa Kepemimpinan Arief Hidayat (2015-2017)

Almost every Chief Justice of the Constitutional Court has jargon carried during theis leadership. Arief Hidayat, during his reign, often put forward the term "divine light". This term is closely related to Pancasila as the ideology of the state and religion. Therefore, the purpose of expressing jargon during the leadership of a Chief Justice of the Constitutional Court must have...

Hukum Pidana Sebagai Last Resort Dalam Undang-Undang Perlindungan Dan Pengelolaan Lingkungan Hidup

This study aims to analyze the theoretical problems in placing criminal law as a last resort only on offenses in Article 100 paragraph (1) of the PPLH Law and the notion is related to the characteristics of environmental offenses. As a normative legal research, this study uses the statutory, the history, and the conceptual approaches. The results of the study concluded that the...

The Implementation Of The First Pillar Of Responsibility To Protect In Indonesia: Critical Analysis Of Law On Social Conflict Management

Responsibility to Protect Principle (R2P) is intended to accomplish the humanitarian intervention principle which considered has a failure in many aspects. However, the existence of this principle still leaves worry, especially for a developing country, over manipulation and politics in its implementation. The formulated problems for this research are (1) how is the development...

Asuransi Kecelakaan Kendaraan Bermotor Roda Dua Sebagai Moda Transportasi Umum Berbasis Online

This research focuses on two discussions, first, to analyze the arrangement of accident insurance for two-wheeled motor vehicles as a mode of online-based public transportation in Law No. 22 of 2009 on Traffic and Road Transportation (LLAJ Law). Second, to analyze the mechanism of insurance fulfillment for losses arising from the accidents of two-wheeled motor vehicle as an...