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)

Kedudukan PT. Angkasa Pura I Dalam Pembayaran Bea Perolehan Hak Atas Tanah Dan Bangunan

This paper examines the issues of, first, the special assignment of the Minister of BUMN (State Owned Enterprise) and the Minister of Transportation to PT. Angkasa Pura I (Persero) in land procurement forthe construction of the New Yogyakarta International Airport (NYIA) airport in Kulon Progo Regency, DIY Province whether it can invalidate the obligations of PT. Angkasa Pura I...

Konsep Meminta Maaf Sebagai Hukuman Dalam Perkara Pidana

Criminalization is an act against a criminal, but many criminal cases are completed as a result of theimplementation of peace by apologizing. This research focuses on the following problems: first, how the reconceptualization of apologizing as the part of the punishment is reviewed in accordance with the positive law and Islamic law, and second, how the realization of the concept...

Tinjauan Kasus Tentang Dilusi Merek Di Indonesia Dan Thailand

Theuse of well-known brands without any license, in practice, often intentionally or unintentionally occurs that not only leads violations but also confusion for the public. The use of a brand without any license -but not creating any public confusion -is referred to as brand dilution. This article aims to examine the brand dilution case occurred in Indonesia and Thailand by...

Perkawinan Bawah Umur dan Potensi Perceraian (Studi Kewenangan KUA Wilayah Kota Bogor)

This study examines: first the authority of VAT on Religion Affair Office (KUA) in Sub district of Bogor City Region in creating an orderly administration of registering the underage marriages, and secondly the assessment of the relevance of underage marriage with the high divorce rates in Bogor City Region.This is an empirical juridical research. From the results of this...

Overcriminalization dalam Perundang-Undangan di Indonesia

Criminalization in legislation tends to increase, and most of it deals with administrative violations with the potential to cause over-criminalization. This study aims to analyze the concept of over-criminalization and its various forms in criminal legislation. As normative legal research, this study uses a conceptual and statutory approach. The results show that over...

Penafsiran Hukum tentang “Partisipasi Langsung dalam Permusuhan” dalam Kasus-kasus Kejahatan Perang

Theterm "Direct Participation in Hostilities" is a term contained in the 1949 Geneva Conventions and Additional Protocols of 1977, which gave rise to various legal interpretations. The two international agreements do not provide a definition or further explanation. The problem that arises from this obscurity of interpretation is how judges conduct an analysis of whether someone...

Pelibatan Dewan Perwakilan Rakyat dalam Pengisian Jabatan Hakim Agung dan Hakim Konstitusi

One of the reasons to involve the House of Representatives to take the position of Chief Justice and Constitutional Judges after the amendment to the 1945 Constitution is the phenomenon of the House’s empowerment in the Indonesian constitutional system during the transition to democracy through the amendment. Such involvement can potentially cause problems, for example, the...

The Significance of Contractual Intention: A Comparative Analysis on English and Indonesian Law

The legal terms of a contract vary from one country to another, and the will in a contract often influences whether a contract has been perfectly established. Establishing a contract between parties from different legal systems has the risk of defect and imperfection in the establishment of the contract, which can influence the rights of one party when a contract related dispute...

Pemaknaan Ulang Ar Riqab dalam Upaya Optimalisasi Fungsi Zakat Bagi Kesejahteraan Umat

This study raises the issue of, first, reinterpretation of ar-riqab in an effort to optimize the function of zakat for social welfare, and second, contextualization of ar-riqab reinterpretation as a victim of human trafficking crime to optimize the function of zakat for social welfare. This research is doctrinal research with legal and conceptual approaches. The results show that...

Tinjauan Yuridis Persyaratan Akreditasi dalam Pengadaan Pegawai Negeri Sipil

Accreditation requirements in Procurement of Civil Servants in 2017 raise a controversy because according to the Ombudsman of the Republic of Indonesia these conditions are discriminatory. This study examines the suitability of accreditation requirements in the Procurement of Civil Servants in 2017 with the applicable laws and regulations. This research is a normative study using...

Implementasi Kedaulatan Permanen atas Sumber Daya Alam Dalam Aturan Investasi Asing di Aljazair dan Indonesia

Since first coined by the United Nations at the end of 1950’s, the doctrine of permanent sovereignty over natural resources has experienced rapid dynamics of development — from those originally traditionally practiced to the national interests of a country — then developed and intersected various global issues, such as economy, environment, human rights, and climate change. Such...

Akad Perbankan Syariah dan Penerapannya dalam Akta Notaris Menurut Undang-Undang Jabatan Notaris

This study examines, first, why the binding guarantee in Shariah banking deed still practice the concept used by conventional banking. Second, how the notary formulates Sharia banking deeds in accordance with Law on Notary, and third, the ideal requirements for a notary in formalizing Sharia banking deeds. The research method used is normative legal research by processing and...

Tinjauan Yuridis Pertanggungjawaban Pencemaran Minyak di Wilayah Teluk Balikpapan

Environmental pollution in Balikpapan Bay due to the leaking of Pertamina oil pipeline is a serious problem because it pollutes the marine ecosystem, resulting in disruption of environmental functions. However, the pollution caused by the burst pipeline due to the anchor of the MV Judger vessel cannot be directly imposed by the accountability mechanism as stipulated in Law on...

Aspek Hukum Standarisasi Produk di Indonesia dalam Rangka Masyarakat Ekonomi ASEAN

Standardization is an important aspect for Indonesia in global market competition, especially in the MEA (ASEAN Economic Community). This study raises the issues of, first, the strategy to improve product quality through Product Standardization in Indonesia in relation to MEA from the perspective of consumer protection law. Second, how ASEAN MRA (Mutual Recognition Arrangement...

Hak Konstitusional Partai Politik dan Konsekuensi Calon Presiden-Wakil Presiden Tunggal di Indonesia

This study aimed to examine the constitutional rights of political parties in nominating President-Vice President candidates, and the possibility of single candidate to result in a vacancy in the position of President-Vice President in Indonesia. This study used normative legal method, with a statute approach, historical approach, and a comparative approach. The results of this...

Perlindungan Hukum Terhadap Konsumen Pada Perjanjian Pembiayaan dengan Fidusia Tidak Terdaftar

Fiduciary guarantee shall be registered, so that it has execution order, but sometimes fiduciary guarantee is accepted even if it is not registered. The problem in this study was how is the legal protection for consumers in a fiduciary agreement that is made without a notarial deed and is not registered at the Fiduciary Registration Office seen from Law Number 42 of 1999...

Perluasan Kompetensi Absolut Pengadilan Tata Usaha Negara dalam Undang-Undang Administrasi Pemerintahan

This study focused on the extension of the absolute competence of the State Administrative Court (PTUN) in Law Number 30 of 2014. This study had two objectives, first, the extension of the absolute competence of PTUN and second, the implications on the extension of the absolute competence of PTUN. This study used normative legal method, where the da. The results showed that there...

Iktikad Tidak Baik dalam Pendaftaran dan Model Penegakan Hukum Merek di Indonesia

Trade mark not only functions as an identity but also contains economic value so there are many efforts regarding bad-faith trademark registration. This study aimed to find the concept of bad-faith registration and to know the law enforcement in Indonesia. This was a normative legal research, with statute approach, conceptual approach, and case approach. The results of the study...

Perlindungan Hukum Terhadap Kebudayaan Melalui World Heritage Centre UNESCO

Legal protection for culture is important because Indonesia has a diversity of cultures which serve as valuable assets. The problems of this study were first, why is the arrangement of Traditional Cultural Expressions in DIY needed in order to provide protection? Second, what is the legal protection of traditional cultural expressions according to UNESCO World Heritage Center...

Demokrasi dan Legalitas Mantan Narapidana dalam Pemilihan Kepala Daerah dan Pemilihan Umum

The focus of this study was on the decision of the Constitutional Court number 4/PUU-VII/2009 and decision number 14-17/PUU-V/2007 which legitimize former prisoners as regional head and legislative candidates. This study aimed to analyze the legality of former prisoners to participate in an election and the efforts to be made after the Constitutional Court's decisions in terms of...

Perlindungan Hukum terhadap Korban Human Trafficking dalam Perspektif Hak Asasi Manusia

This study discussed the forms of legal protection for trafficking victims in the perspective of human rights and the mechanism of providing restitution and legal protection for trafficking victims in the perspective of human rights. The study used normative legal method with statute and case approahes. The data analysis was descriptive qualitative. The results concludes that the...

Sengketa Tapal Batas Antar Daerah Otonom di Indonesia: Studi Kasus di Provinsi Riau

This study aimed to find out about the causes of boundary disputes between autonomous regions in Indonesia, especially in Riau Province, and the procedures for the settlement. This was a socio-legal research, i.e. analyzing the law that exists in a community. This study used both primary and secondary legal materials, obtained through field surveys, library research, and...

Hubungan Hukum Para Pihak dalam Peer to Peer Lending

The development of digital world has provided various services that are beneficial for the community, one of which is the presence of information technology-based lending and borrowing services or known as peer to peer lending. However, the current applicable regulations have not clearly explained the construction of the legal relations among the parties involved in peer to peer...

Ketiadaan Batas Waktu Suspensi dan Implikasinya Terhadap Perlindungan Investor Pasar Modal Indonesia

The problems in this study include First, how is the regulation of suspension and its implications on the legal certainty for listed companies? Sekond, what are the implications of the absence of time limit for suspension on investor protection? Third, how is the time limit for suspension in the United States? This study used normative legal method. The results of the study...

Proporsionalitas dalam Kebijakan Formulasi Sanksi Pidana

This research focused on the idea of proportionality in criminal law and its implementation in the policy of criminal sanctions formulation in legislation. As a normative legal research, this study used a philosophical, conceptual, and statute approach. This study revealed that crime and punishment are an important element of proportionality of criminal law. The higher the crime...