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Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 27985598     EISSN : 27982130     DOI : http://dx.doi.org/10.51825/sjp
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum also known as Sultan Jurisprudence is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol. 1 No. 2 Desember 2021" : 7 Documents clear
Mengkaji Lex Spesialis Undang-Undang Anggaran Pendapatan dan Belanja Negara dalam Konteks Pembentukan Peraturan Perundang-undangan Songga Aurora Abadi
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v1i2.12011

Abstract

This journal discusses the lex specialist of the State Budget (APBN) in the Context of the Formation of Laws and Regulations, with the aim to know concretely how the difference in the process of drafting the APBN Law with other Laws, understands the nature of the substance of the regulation The National Budget and its implications for other laws, in terms of the concept of forming legislation both formally and materially. This research was conducted using qualitative research, through a normative legal research approach (normative legal research), the data were analyzed prescriptive. The data used are secondary data, namely literature studies in the form of laws, books and articles which are related to the writing of this journal. The results showed that the determination of the APBN was not an act of legislation formation (geen daan van wetageving) but an act of government (daad van bestuur). This is because the APBN stipulated in the form of the law is periodic, it only binds the government, and the DPR's right in the formulation of the APBN Law is a budget / budget right. In the formal and material meaning, the APBN law is different from other laws, which formally the APBN law has an element of "periodicity" and an element of "continuity" and materially the APBN law is not binding on the general and only binds the government along with the apparatus and institutions and the Ministry of State.
Kewenangan Pengawasan oleh Kementerian Lingkungan Hidup dan Kehutanan Republik Indonesia Terhadap Izin Dumping Limbah Bahan Berbahaya dan Beracun di Wilayah Kabupaten Bekasi Chandra Ferdiawan; Mohammad Fasyehhudin
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v1i2.12399

Abstract

Bekasi Regency is a city that has a lot of industrial companies, many of these industries make environmental problems a problem in the Bekasi Regency area, illegal dumping activities of Hazardous and Toxic Materials are rampantly carried out by companies that do not have a B3 waste dumping permit. These problems make supervision related to dumping permits in the Bekasi district area important. Therefore, this study discusses how the authority to supervise hazardous and toxic waste dumping permits by the Ministry of Environment and Forestry of the Republic of Indonesia in the Bekasi Regency area based on Government Regulation Number 22 of 2021, how are the obstacles faced by the Ministry of Environment and Forestry of the Republic of Indonesia in supervise the dumping of B3 waste in the Bekasi Regency area.The research method used is empirical juridical, namely research that sees the law as a rule in society to be obeyed, with descriptive analysis specifications based on an analysis of the authority to supervise B3 waste dumping in Bekasi Regency which is sourced from primary data through field research and primary legal materials, namely legislation. , books, legal science journals, as well as other library materials analyzed in an analytical juridical manner.The results of this study state that the implementation of supervision and law enforcement on hazardous and toxic waste dumping permits carried out based on Government Regulation No. 22 of 2021 carried out by the Ministry of Environment and Forestry is good but not very effective in carrying out direct supervision both regularly and incidentally and there are still a few obstacles in carrying out supervision in the Bekasi Regency area, namely there are still uncooperative companies to supervise business activities, therefore the ministry of environment and forestry is expected to carry out preventive law enforcement so that all business actors comply with applicable regulations.
Kewenangan Pengadilan Tata Usaha Negara Serang dalam Menyelesaikan Sangketa Sertifikat Ganda Atas Tanah di Kabupaten Lebak (Studi Kasus Putusan Nomor : 5/G/2020/PTUN.SRG) Siti Anis Khoirunnisa; Nurikah Nurikah; H E Rahmat Jazuli
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v1i2.12444

Abstract

The authority of the State Administrative Court according to Law Number 5 of 1986 concerning the State Administrative Court is to examine, decide and resolve disputes. One of the case studies is Decision No. 5/G/2020/PTUN.SRG the object of the dispute is a Certificate of Ownership that has been issued by the Head of the Lebak Regency BPN on land belonging to other people which results in mutual accusations. So the problem in this research is how is the authority of the Serang Administrative Court in resolving dual land certificates? and what is the basis for the judge's legal considerations on Decision Number 5/G/2020/PTUN.SRG? The research method that the author uses in the preparation of this legal writing is using the normative juridical method, namely research called library research because it focuses on secondary data research, with descriptive analytical research that discusses the resolution of dual certificate disputes over land in Lebak Regency which is sourced from primary data. and secondary data. Data collection techniques consist of literature study. And the method used in analyzing the data is a qualitative juridical analysis. The results of the study concluded that the Serang Administrative Court in completing the dual certificates. Decision No. 5/G/2020/PTUN.SRG is based on relevant evidence, namely seeing violations committed by the Head of the Lebak Regency BPN Office in the measurement and mapping process as well as procedures for issuing replacement certificates regulated in Article 17 paragraph 2 and Article 18 paragraph 1 and paragraph 4 PP No. 24 of 1997 concerning Land Registration. So the Panel of Judges canceled the Certificate of Ownership in Nji's name. Chusdajah Binti Sarbini.
Pemenuhan Hak Pendidikan Keolahragaan Bagi Anak yang Berkonflik dengan Hukum di Lembaga Pembinaan Khusus Anak Tangerang Alvin Surya Pramana; Mitro Subroto
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v1i2.12531

Abstract

The importance of education for children in life, it needs to be given to all children but what about children in conflict with the law who are serving their criminal period at the Special Children's Institution, education carried out by means of Packages A, B, and C is one solution but is it in the solution? Therefore, sports education is given and how the education is given. In this study, it is explained that sports education has been implemented with its programs in formal, non-formal and informal education. To obtain the results of research on the fulfillment of the right to Sports Education, this research uses qualitative research methods by means of observation and also conducts case studies of applicable laws. This study has a purpose, namely to find out and obtain data about the implementation of the fulfillment of the right to education for children in conflict with the law at the Special Child Development Institute, especially in Sports Education. Children who are in conflict with the law have the right to education. Sports Education is education that focuses on physical and sports which is carried out as part of a regular and continuous educational process and has the aim of obtaining physical fitness, personality, skills, health, and knowledge. Sports Education is one form of an implementation of coaching at the Special Child Development Institute. The limited facilities and infrastructure at the Child Special Guidance Institute do not become an obstacle to fulfilling the right to education for children, especially sports education. The results of this study indicate that the implementation of the fulfillment of the right to education, especially Sports Education, is carried out well even though in its implementation it is still not optimal in fulfilling the Right to Education for Children in the Special Guidance for Children Institutions because there are several factors from internal and external factors.
Problematika Final dan Mengikat Putusan Arbitrase dalam Undang-Undang Nomor 30 Tahun 1999 Hizkia Raymond
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v1i2.12672

Abstract

In modern law the emergence of several settlements of a dispute outside the judiciary. One of them is the practice of arbitration, which is becoming known as a dispute resolution outside the Court, especially on business issues. The development of the form of business in Indonesia, brings other consequences for the business itself, namely the hope to be able to resolve any disputes that may arise, quickly, cheaply and in the best possible way. The implementation of Law 30 of 1999 has become the latest legal basis for dispute resolution and arbitration in Indonesia. The object of research taken in this study is only regarding arbitration in the law. What is of concern is the low legal force of the final and binding arbitration award which is the background for holding the arbitration. An example is clearly stated in article 72, where in the explanation expressis verbis explains the problem of the arbitral award. In conducting this research, the author uses a normative juridical research method, using a literature study. The results of this study indicate that there are problems in the law, especially in the final and binding diction. The suggestions that can be proposed to the authorized institution are to immediately issue rules or guidelines for the solution of these problems.
Sanksi Rehabilitasi Bagi Prajurit TNI yang Menjadi Terpidana Penyalahgunaan Narkotika (Studi Kasus di Pengadilan Militer II – 08 Jakarta) Muhamad Nur Ardhy; Muhyi Mohas; Reine Rofiana
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v1i2.12678

Abstract

A TNI soldier is required to have good mentality, discipline, and good morals and ethics. The application of law against TNI soldiers is not only in the form of the application of military criminal law, but also criminal law outside the military criminal law, one of which is the crime of narcotics abuse. The sentencing of TNI soldiers who are convicted of narcotics abusers still refers to Law no. 35 of 2009. Almost all decisions made by military judges, especially those of military judges at the Military Court II – 08, Jakarta, related to narcotics abuse resulted in imprisonment and dismissal from military service without any rehabilitation efforts. This is of course very contrary to the legal objectives of Law no. 35 of 2009 concerning Narcotics. The method used in this study uses a normative juridical method with a statutory approach. This study found problems in imposing sanctions on military members who become narcotics abusers, where the Narcotics Law states that there are rehabilitation sanctions in addition to prison sanctions but in practice the sanctions given to military members who become narcotics abusers are only limited to prison sanctions and dismissal from military service without given a rehabilitation sanction. This shows that sanctions against narcotics abuse by members of the TNI in the Military Court II – 08, Jakarta are still in the form of retributive sanctions, namely imprisonment and dismissal from military service, as well as enforcement of rehabilitation law for TNI members who are convicted of drug abuse still not done.
Standarisasi Penanganan Kesehatan Pencegahan Covid-19 dihubungkan dengan Undang-Undang Nomor 36 Tahun 2009 Tentang Kesehatan Muchammad Fauzan Mukhlis
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 1 No. 2 Desember 2021
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v1i2.12827

Abstract

Covid-19 is a deadly infectious disease and can be easily experienced by people who have low immunity. Until now there is no specific drug to treat cases of corona virus infection or Covid19. So to prevent the transmission, the government has implemented a large-scale social restriction (PSBB) policy, lockdown, total isolation or quarantine. These policies are basically to prevent disease transmission from sufferers to others, meaning that COVID-19 sufferers must be given special treatment by isolation or not mixing with other people. The government's efforts are basically referring to Law No. 36 of 2009 concerning Health in Chapter X concerning infectious diseases. In this case, the central government, regional governments and the community are responsible for preventing, controlling, and eradicating infectious diseases and their consequences. This is done to protect the public from contracting disease, to reduce the number of people who are sick, disabled and/or dead, and to reduce the social and economic impact of infectious diseases. Efforts to prevent, control, and handle infectious diseases are carried out through promotive, preventive, curative, and rehabilitative activities for individuals or the community. Prevention of transmission of infectious diseases must be carried out by the community, including people with infectious diseases, through clean and healthy living behavior.

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