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<![CDATA[KEJAHATAN SEKSUAL DAN HUKUM ISLAM ]]>
<![CDATA[Achmad Thorik]]>;
<![CDATA[Maula nida]]>
<![CDATA[ SUPREMASI HUKUM Vol 18 No 02 (2022): Supremasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Syekh Yusuf ]]>
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DOI: 10.33592/jsh.v18i2.2510
<![CDATA[Sexual crimes have many types and terms. In addition, cultural differences can create different perceptions of sexual crimes. This article discusses how western views and Islamic views detail the types of sexual crimes. This study uses a philosophical normative approach, comparative analysis method, and qualitative research methods of literature in fiqh and zawajir books. Then the results are compared with various types of sexual crimes in Western terms. Through it, the meeting points and differences between the two views made clear and solutions to understanding unwritten Islamic law. It is important for adherents of these two views to understand each other before having a dialogue on deeper themes. Keywords: Sexual crimes; Islamic law; western law]]>
<![CDATA[PERILAKU KORUPTIF PELAKU TINDAK PIDANA KORUPSI DALAM PERSPEKTIF KRIMINOLOGI DAN VIKTIMOLOGI ]]>
<![CDATA[Dippo Alam]]>
<![CDATA[ SUPREMASI HUKUM Vol 18 No 02 (2022): Supremasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Syekh Yusuf ]]>
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DOI: 10.33592/jsh.v18i2.2664
<![CDATA[Cases of corruption are still often heard in the media. There were 553 cases of corruption that were prosecuted by the KPK in 2021. Corruption during the reformation period is now increasingly widespread. There are several problems in eradicating corruption in Indonesia. Corruptive behavior in this article is discussed using the approach of criminology and victimology. The author uses a qualitative research method with a normative juridical type. Corruption is classified as a white-collar crime, where the perpetrators do not care about state losses. Criminal sanctions and administrative sanctions are expected to be able to reduce the number of corruption, although there is a possibility that the perpetrators of corruption are perpetrators who meet the provisions of the victim precipitation theory. In addition, piety to God is seen as important in preventing corruptive behavior, because it is closely related to self-control. On the other hand, the role of LPSK is expected to be able to protect whistle blowers as well as witnesses and victims in an effort to uncover the mastermind behind the corruption cases. Further research should be conducted to achieve more knowledge about the relationship between corruption and criminology and victimology related to the evolution of motives for corruptive behavior in its contribution to the cause of state losses, as well as the protection of witnesses and victims. Keywords: corruption, corruptive behavior, criminology, victimology.]]>
<![CDATA[KETIMPANGAN RELASI KUASA DAN PATRIARKI DALAM KEKERASAN SEKSUAL BERBASIS GENDER (PERSPEKTIF SOSIOLOGI DAN HUKUM) ]]>
<![CDATA[Hartanto Hartanto]]>;
<![CDATA[Dwi Astuti]]>
<![CDATA[ SUPREMASI HUKUM Vol 18 No 02 (2022): Supremasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Syekh Yusuf ]]>
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DOI: 10.33592/jsh.v18i2.2840
<![CDATA[Sexual violence that occurs in accordance with human civilization, the difference is the act of closing the justification argument, but along with the development of society and science which is later recognized as deviant behavior, and is now a criminal act. In the context of the development of criminal law related to children and women originating from the Child Protection Law, the PKDRT Law, at this time it accommodates sociology expectations of social relations, with the enactment of Law No. 12 of 2022 concerning the Crime of Sexual Violence. This normative juridical research has the urgency to explain the workings of power relations factors in cases of sexual violence against women in a sociological perspective and how the role of law, especially criminal law. In fact, violence is almost certainly gender-based. The law on criminal acts of violence can reduce power relations, in short, the relationship between men and women must continue to develop in a positive direction. Keywords: politics, power relations, violence, politics, gender]]>
<![CDATA[PELAKSANAAN EKSEKUSI HAK TANGGUNGAN SEBAGAI JAMINAN KREDIT STUDI PUTUSAN PENGADILAN NEGERI WONOSOBO ]]>
<![CDATA[Hary Mulyadi]]>;
<![CDATA[Nurma Khusna Khanifa]]>;
<![CDATA[Sakti Wahyu Ningsih]]>
<![CDATA[ SUPREMASI HUKUM Vol 18 No 02 (2022): Supremasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Syekh Yusuf ]]>
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DOI: 10.33592/jsh.v18i2.2961
<![CDATA[Execution of mortgage objects is included in civil law issues. The implementation of the execution of the mortgage object has been regulated in Chapter V in Law Number 4 of 1996 concerning Mortgage Rights. This paper basically aims at academics who have an interest in civil law issues, namely the execution of mortgage objects. It is hoped that this paper will be able to provide a real picture of how the execution of mortgage objects as collateral for credit is carried out through the Class I B Wonosobo District Court and whether the implementation is in accordance with the provisions in force in Indonesia. This paper uses normative and empirical juridical research methods, namely the study of laws and regulations related to the problem, and field research to obtain information as supporting material which is then analyzed qualitatively. From the author's analysis it was found that the implementation of the execution of the mortgage object as collateral for credit through the Class I B Wonosobo District Court had been carried out properly by law enforcement and was in accordance with the provisions in force in Indonesia. Keywords: Execution of Mortgage Rights, Creditors, Debtors.]]>
<![CDATA[PROBLEMATIKA UNDANG-UNDANG NOMOR 18 TAHUN 2017 TERHADAP HAK-HAK PEKERJA MIGRAN INDONESIA ]]>
<![CDATA[Muhamad Rafli]]>;
<![CDATA[Rani Apriani]]>
<![CDATA[ SUPREMASI HUKUM Vol 18 No 02 (2022): Supremasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Syekh Yusuf ]]>
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DOI: 10.33592/jsh.v18i2.2977
<![CDATA[The challenges of changing times need serious attention regarding how to use the internet safely, especially in the world of commerce such as e-commerce without experiencing difficulties due to the unpreparedness of various aspects in Indonesia, especially the legal aspects related to electronic commerce in order to anticipate the possibility that occurs, such as cases of default between consumers. with the manufacturer. The purpose of this study is to identify how effective the consumer protection is carried out by the Indonesian state regarding consumer protection in Law Number 8 of 1999. The research method used by the author is a type of normative - juridical research, which is descriptive of literature analysis. Applying a literature and literature study approach to consumer protection. Default issues between consumers and producers are usually resolved through the courts or by alternative dispute resolution methods, such as through litigation or non-litigation efforts. The problems that occur today include the efforts of justice seekers, namely consumers who are harmed due to default on e-commerce transactions that are hindered by the considerable distance between buyers and traders. E-commerce and court processes are also time-consuming and require sophisticated mechanisms. The conclusions of this study explain the lack of effective consumer protection regulated by Law Number: 8 of 1999 when trading transactions through e-commerce in the event of a default dispute. There are still many default problems that are often encountered between consumers and producers through e-commerce when transacting. Keywords: E-commerce, Default, Consumer]]>
<![CDATA[HAK PENDIDIKAN ANAK KORBAN PERANG IRAK TAHUN 2003 BERDASARKAN KONVENSI TENTANG HAK ANAK ]]>
<![CDATA[Rifqi Arif Maulana]]>
<![CDATA[ SUPREMASI HUKUM Vol 18 No 02 (2022): Supremasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Syekh Yusuf ]]>
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DOI: 10.33592/jsh.v18i2.2500
<![CDATA[Children as one of the vulnerable groups who became victims of the war in the armed conflicts of the United States and Iraq in 2003 still have the right to education that should not be ignored. The international community has recognized the right to education as an international right where this arrangement has been stated in the convention on the rights of the child which has been agreed by various countries around the world. This writing aims to analyze the practice of protecting children's education rights based on the convention on children's rights using normative juridical methods so that it has a conclusion that the United States has a big responsibility to restore children's education rights that have been temporarily lost after the conflict is over with various infrastructures damaged in severe levels. Keywords: children's education rights: conventions on children's rights; United States of America.]]>
<![CDATA[PENERAPAN HUKUM TERHADAP ANAK YANG MELAKUKAN ABORTUS DIKAITKAN DENGAN PASAL 49 AYAT 2 KUHP. ]]>
<![CDATA[Tina Asmarawati]]>
<![CDATA[ SUPREMASI HUKUM Vol 18 No 02 (2022): Supremasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Syekh Yusuf ]]>
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DOI: 10.33592/jsh.v18i2.2856
<![CDATA[Today there is a lot of sexual violence against minors. A religious teacher as well as a scout and paskibraka trainer at SMPN Tangerang molested his students and the victim received trauma healing services for his psychic healing. If a child commits a crime, it is regulated under Law Number 11 of 2012 concerning the Juvenile Justice System. Imprisonment for children is only used as a last resort (ultimum remedium). The issue of abortion is regulated in Article 346 of the Criminal Code, namely that a woman intentionally causes the abortion or death of her womb or orders someone else to cause the perpetrator to be sentenced to a maximum imprisonment of four years divided by two. The author considers it important to examine this issue because children are the younger generation who must receive special protection. Problem Formulation How is the application of the law to children who have abortions? Can the crime of abortion committed by children be categorized into Article 49 paragraph 2 of the Criminal Code. Objectives and Uses of Theoretical Research is expected to provide benefits and expand thinking on the development of legal science in the field of Criminal Law, especially in the crime of abortion due to rape. The method that the author uses in this research is normative juridical. In conclusion, children who have an abortion due to rape can be categorized into article 49 paragraph 2 of the Criminal Code. (noodweer exces) into forgiving reasons (fait d'axcuse) because it eliminates the element of guilt of the criminal offender. Keywords: Rape; child; abortion]]>
<![CDATA[TANGGUNG JAWAB HUKUM ATAS PERUSAHAAN FARMASI TERHADAP BEREDARNYA OBAT YANG MENGANDUNG BAHAN BERBAHAYA ]]>
<![CDATA[Siti Nurholisoh]]>;
<![CDATA[Rani Apriani]]>
<![CDATA[ SUPREMASI HUKUM Vol 18 No 02 (2022): Supremasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Syekh Yusuf ]]>
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DOI: 10.33592/jsh.v18i2.2932
<![CDATA[The rampant circulation of dangerous medicinal substances in Indonesia is concerned with the lack of legal awareness of business actors who are trying to achieve maximum profit by ignoring the enormous negative impact on the wider community. Acts that violate these norms must be held accountable. So that this research is considered important to find out how the legal responsibility of pharmaceutical companies for the circulation of drugs containing hazardous materials. This research method uses a normative juridical approach, the research specification uses an analytical description. The types and techniques of data collection in this study were carried out by literature study methods and data analysis methods used in this study using qualitative data analysis. The legality of pharmaceutical companies as business actors is very important. In addition, in producing and/or distributing pharmaceutical preparations such as drugs, medicinal ingredients, traditional medicines and cosmetics, they must meet standards and not violate the law. Keywords: Responsibility; Pharmaceutical Business; Consumer protection.]]>
<![CDATA[TINJAUAN YURIDIS SERTA PERAN MASYARAKAT DAN KOMISI PEMILIHAN UMUM DALAM MENGATASI POLITIK UANG (MONEY POLITIK) DI PEMILIHAN UMUM ]]>
<![CDATA[Imam Rahmaddani]]>
<![CDATA[ SUPREMASI HUKUM Vol 18 No 02 (2022): Supremasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Syekh Yusuf ]]>
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DOI: 10.33592/jsh.v18i2.3017
<![CDATA[In general, money politics fits into a transactional political pattern, in which votes are exchanged for goods or services. This study aims to study and analyze the legal provisions governing money politics, the role of the public and the KPU in fighting money politics, and the impact of money politics on Indonesian democracy. Subject selection, data tracking, determining research focus, collecting data sources, presenting data, and compiling reports are the steps in this research process. In this study, documentation was used to collect data by finding data about the variables studied in papers, journals and reports. Content analysis is used to analyze data, which can be cross-checked based on context. Law Number 10 of 2016 and Law Number 1 of 2015 prohibit political parties or coalitions of political parties from receiving compensation in any form during the nomination process for governor, mayor or regent. Keywords: Regulation; Public; KPU; Money politic.]]>
<![CDATA[PERAN LEMBAGA KPU DAN BAWASLU DALAM MENGATASI PERMASALAHAN DAFTAR PEMILIH TETAP (DPT) SAAT PEMILIHAN UMUM ]]>
<![CDATA[Alse Hawana]]>
<![CDATA[ SUPREMASI HUKUM Vol 18 No 02 (2022): Supremasi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Syekh Yusuf ]]>
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DOI: 10.33592/jsh.v18i2.3018
<![CDATA[As it is known that the level of participation is measured by looking at the number of voters present compared to the number of registered voters. If the validity of the DPT is low or there is a lot of duplicate data, it is invalid then automatically many registered residents are absent. The occurrence of duplicate data in the DPT affects the level of participation. That participation is influenced by the accuracy of population data can be seen in the voter registration method. This research uses literature study. Literature study can study various references and the results of similar previous studies which are useful for obtaining a theoretical basis for the problem to be studied. The question in this research problem is what is the role of the KPU and Bawaslu in overcoming the problem of the fixed voter list at the time of the election. The purpose of this research is to find out and analyze the role of the KPU and Bawaslu institutions in overcoming the problem of the fixed voter list when the election is about to take place. Every time a legislative election, presidential election or regional head election is held, one of the KPU's main activities is to make the voter list. Bawaslu has an obligation to oversee the process and results of updating and maintaining voter data on an ongoing basis whose authority is granted by law. Keywords: KPU; Bawaslu; Fixed Voters List ; Election]]>
