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Fakultas Hukum Universitas Islam Syekh Yusuf Jln. Maulana Syekh Yusuf No.2 Cikokol Tangerang 15118
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INDONESIA
Supremasi Hukum
Published by Universitas Islam Syekh Yusuf Tangerang
ISSN : 02165740     EISSN : 27455653     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
SUPREMASI HUKUM JURNAL ILMU HUKUM Jurnal Ilmu Hukum Fakultas Hukum Universitas Islam Syekh Yusuf Tangerang berisi pembahasan masalah-masalah hukum yang ditulis dalam bahasa Indonesia maupun asing. Tulisan yang dimuat berupa analisis, hasil penelitian dan pembahasan kepustakaan. ISSN 0216-5740, E ISSN 2745-5653
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol 18 No 01 (2022): Supremasi Hukum" : 11 Documents clear
PEMUTUSAN HUBUNGAN KERJA OLEH PERUSAHAAN TERHADAP PERSELISIHAN HUBUNGAN INDUSTRIAL DI INDONESIA Yusmedi Yusuf; Muhammad Rizqi Fadhlillah; Rommy Pratama
SUPREMASI HUKUM Vol 18 No 01 (2022): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v18i01.1840

Abstract

Termination of employment by companies is a dynamic of industrial relations for actors in the process of producing goods and services between workers, employers, and the government. The company has a socio economic nature in carrying out industrial relations, dealing with the juridical aspects that apply in Indonesia. The company terminates the employment relationship unilaterally, causing suffering to the workers because they lose their livelihood for their lives and their families. Labor laws and regulations in Indonesia have not been effective and have caused many problems in implementing harmonious industrial relations. Government interference as a power organization can provide protection for workers affected by termination of employment by the company. Keywords: Termination of Employment, Industrial Relations Disputes
DAMPAK TINDAK PIDANA CYBERBULLYING TERHADAP KORBAN DAN PELAKU DITINJAU DARI PERSPEKTIF VIKTIMOLOGI DAN KRIMINOLOGI Dippo Alam
SUPREMASI HUKUM Vol 18 No 01 (2022): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v18i01.1903

Abstract

In Indonesia, almost everyone has a gadget or more specifically, a smart cellular phone that is connected to the internet network very easily. Cyberbullying is a way of bullying that involves sophisticated digital technology, which almost always uses the internet as a tool. Cyberbullying is characterized by aggressive behavior carried out by a person or several people using electronic media services including the internet, which is carried out continuously, where the target victim is someone who is considered weak or unable to fight back. The forms of cyberbullying are usually in the form of ridicule, insults, threats or intimidation. The perpetrators of cyberbullying have the motivation to take these actions in the form of anger and revenge, frustration, wanting to be the center of attention of the surrounding environment, mere entertainment, or even just joking with the victim. Victims of cyberbullying often experience a number of psychological problems to even think of committing suicide. The problems that arise are how severe the cyberbullying behavior is in damaging the victim's psychology and/or physical appearance from the perspective of victimology and how to mitigate cyberbullying and take action against the perpetrators from a criminological perspective. The author conducted a qualitative research in which this research is descriptive analytical. Victims of cyberbullying have committed suicide. If it turns out that cyberbullying is felt to be very worrying, then what needs to be done is to capture a screen display containing bullying carried out on social media, be it via a smartphone or computer, then report it to the police. Victims of cyberbullying should receive treatment from professionals such as psychologists, psychiatrists, even the police and the Witness and Victim Protection Agency. The author recommends appropriate punishment for perpetrators who openly cyberbullying in accordance with the ITE Law, because some of them do not regret and even enjoy their actions. Keywords: Cyberbullying, criminology, victimology
KAJIAN PELAKSANAAN KETENTUAN MINIMAL KONTRAK ANTARA PENGGUNA DAN PENYEDIA JASA KONSTRUKSI BERDASARKAN UUJK 2/2017 Handityo Basworo; Redityo Januardi
SUPREMASI HUKUM Vol 18 No 01 (2022): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v18i01.2021

Abstract

Construction contracts in Indonesia must meet the minimum regulatory points as mandated in Law No.2 of 2017 concerning Construction Services (UUJK 2/2017). The purpose of this regulation is to ensure that the structure of the construction service business in Indonesia guarantees equal rights and obligations between cooperating parties. The results of the preliminary study in UUJK 2/2017, did not find any form of supervision and sanctions for not fulfilling the minimum points so that it has the potential to cause insecurity of the parties' equality. This study aims to describe the efforts of the parties in drafting and the inclusion of minimum points in the contract. The method used is interviews with intermediate qualification contractors in Purbalingga and Banyumas Regencies (case study) and reviewing contract samples regarding the minimum points that must fulfill under UUJK 2/2017. The results showed that the efforts of the parties in drafting the terms of the contract were quite good with the contract drafting mechanism from service users. The service provider then observes and provides input in the form of corrections, deletions, or additional provisions and then negotiated with the service user to be decided together. The percentage of the inclusion of 16 points of the minimum contract provisions is 89.47% of the 19 contract samples. 2 regulatory points are not fulfilled as significant, namely related to building failure and environmental aspects with a percentage of 84.21%. The information obtained is supposed to provide an overview in applying the relevant regulations and theirderivatives. Keywords: construction contract; minimum contract provision; UUJK 2/2017
KAJIAN TEORITIS TERHADAP TUGAS PEJABAT PEMBUAT AKTA TANAH DIKAITKAN DENGAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH DAN PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 TENTANG PERATURAN JABATAN PEJABAT PEMBUAT AKTA TANAH HARUN PANDIA
SUPREMASI HUKUM Vol 18 No 01 (2022): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v18i01.2111

Abstract

Registration of land is a State obligation undertaken by the Head of the District Land Office/Cityassisted by PPAT, as mandated in Government Regulation number 24 of 1997 on Land Registrationand Government Regulation number 37 of 1998 on the Regulation of the Land Deed Officer Position.In this case I raised the issue of limiting factors in implementing the tasks PPAT associated withGovernment Regulation, as well as the implementation of the tasks PPAT in implementing landregistration data and guidance PPAT by Tangerang District Land Office. The method used is by usingempirical juridical approach to the specification of descriptive analytical research. Based on theresearch results can be given some conclusions that inhibiting factors in implementing the tasks PPATin supporting the maintenance activities of land registration data that there are still assignee is onlyintended to get a deed made by PPAT and is not intended to register their rights; so that the filesubmitted to the Land Office is not yet complete, and the result can not be implemented juridical datachanges. Keywords: Duty of PPAT, Land Registration Data
MONITORING KEPATUHAN NEGARA PESERTA KONVENSI PENGUNGSI MELALUI SISTEM MONITORING HAM INTERNASIONAL Ilham Aji Pangestu; Irma Sri Rejeki
SUPREMASI HUKUM Vol 18 No 01 (2022): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v18i01.2161

Abstract

This study aims to find out how to monitor the compliance of countries participating in the convention through an international human rights monitoring system. This research is a normative legal research. The approaches used in this research include the statutory approach and the case approach, which are obtained from legal materials conducted through a literature study. Based on research, it is known that there is no monitoring system for state compliance with a convention, in this case the refugee convention. Reservations in conventions are often excluded on grounds of State ownership. On the other hand, refugees themselves have the same human rights as other human rights. International human rights monitoring mechanisms consist of treaty-based mechanisms and charter-based mechanisms. The international human rights monitoring system is the one most closely related to the supervision of participating countries/monitoring of the 1951 Convention considering the system between refugees and the human rights attached to it. In this case, the international human rights monitoring mechanism that can be used is a mechanism based on a treaty or a mechanism based on an international agreement. Keywords: Refugee Monitoring; Internasional Human Right Mnitoring; Refugee Convention
PEMBAHARUAN SISTEM PEMIDANAAN, KHUSUSNYA PIDANA PENJARA (STUDI KEMASYARAKATAN) Dadi Waluyo; Sumardi Sumardi; Sukhebi Mofea; Beggy Tamara
SUPREMASI HUKUM Vol 18 No 01 (2022): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v18i01.2282

Abstract

Most of the criminal law reforms outside the Criminal Code currently use a special minimum criminal threat as an instrument of punishment. The formulation of the problem that will be discussed in this study is as follows, How to create a pattern of punishment that is not oriented to the mere imposition of imprisonment and does not cause problems in its application? The conclusion is that imprisonment is still considered effective in preventing and fostering criminals, but it is time for us to think about making policies that are not oriented only to the imprisonment of perpetrators. According to the author's suggestion, law enforcement officers must be more courageous in taking a stand regarding restorative justice efforts, prosecutors and judges have also begun to dare to impose demands and decisions whose criminal threats are in the form of alternatives. Legislators must apply the bottom-up principle in the preparation of criminal legislation. Keywords: Criminal System Reform, Imprisonment
KEBIJAKAN HUKUM KEJAHATAN SEKSUAL DALAM LINGKUP PERGURUAN TINGGI MENURUT PERATURAN MENTERI NO 30 TAHUN 2021 TENTANG PENCEGAHAN DAN PENANGANAN KEKERASAN SEKSUAL DI LINGKUNGAN PERGURUAN TINGGI Ruhol Puji Satriyo; Moh. Lubsi Tuqo Romadhan
SUPREMASI HUKUM Vol 18 No 01 (2022): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v18i01.2343

Abstract

Sexual crimes always develop across time and era, as well as what is felt and becomes a hot issue in these years, namely sexual crime which has begun to spread and develop among academics or among universities in Indonesia, where universities should be a strong foundation in terms of educating. generation of the nation, now Universities have only become terror and disaster for victims of sexual harassment, most of whom are students, and it is not unmitigated that the perpetrators of the crime of sexual harassment themselves are none other than him who has an important role and power, both Leaders, Lecturers, and officers and public service personnel at the Higher Education. That is why Ministerial Regulation No. 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education is here to serve as a solution and a common source of confusion for universities in Indonesia. Keywords: Legal Policy, Sexual Crime, Ministerial Regulation No. 30 of 2021
TINJAUAN YURIDIS MENGENAI REMIX LAGU DI APLIKASI TIKTOK BERDASARKAN UU NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA Nanda Jala Sena; David Tan Tan
SUPREMASI HUKUM Vol 18 No 01 (2022): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v18i01.2404

Abstract

TikTok is a video platform with lots of special effects and a wide selection of music. It's no secret that the songs that are used as backsound for TikTok videos are enough to make listeners addicted. In this alldigital era, especially in the music industry, various problems often occur due to advances and sophistication of technology, making it easy for everyone to access other people's works. Like now, many remixed songs from the TikTok application have appeared which rearrange and change/add lyrics outside of the original version of the music. The purpose of writing this article is to discuss the provisions of tiktok regarding the form of content that can be shared and how many remix songs are spread on tiktok and whether tiktok can be dragged into acts of copyright infringement. Keywords: TikTok; Song; Remix; Copyright
PENYALAHGUNAAN KEWEWENANGAN DISKRESI PEJABAT EKSEKUTIF PEMERINTAH INDONESIA : STUDI KASUS RATU ATUT CHOSIYAH Rifqi Arif Maulana
SUPREMASI HUKUM Vol 18 No 01 (2022): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v18i01.2467

Abstract

The abuse of authority within the discretionary authority by Ratu Atut Chosiyah is a concrete proof that the current system of procurement of goods and services still has weaknesses even though it has been regulated in Presidential Regulation Number 12 of 2021 (PERPRES) concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services (State Gazette of the Republic of Indonesia Number 63 of 2021). This study explains the weakness of the procurement system for goods and services associated with discretionary authority in the administration of government by using the juridical-normative method so that it can provide a solution that there is an urgency to make changes to existing laws to protect tax money originating from the community to be misused by government officials. Indonesia. Keywords: discretionary authority; administration of government; procurement of goods and services.
KONSEP KEADILAN DAN HUKUM DALAM PERSPEKTIF FILSAFAT HUKUM Prista Alisa Ramadhani; Rasji .
SUPREMASI HUKUM Vol 18 No 01 (2022): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v18i01.1797

Abstract

Law and justice are basically abstract, but not only based on the scope of philosophical study. Legal science always fights for justice. In reality, there is often a clash between legal certainty and expediency, or between justice and legal certainty, between justice and expediency. Talking about law and justice has to do with how justice can be implemented in the law itself. The law as the embodiment of the developed value referred to in this case is justice. The legal research method used is doctrinal. The embodiment of the value of justice is the existence of rights and obligations that can be fulfilled by the community itself. Where there is a rule of law, there are rights and obligations that govern it to create order and justice in society. The relationship between law and justice can be realized if the people themselves feel it. Laws and statutory regulations are basically symbols that are intrinsically and ideally containing truth and justice. Paradigm of legal positivism, justice is seen as a goal rather than law. Justice is seen as a goal rather than law, it's just that relativity often ignores another element, namely the element of legal certainty. Keywords: Philosophy Law, Justice, law

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