Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
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.
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<![CDATA[Peretasan Database UIN Sultan Maulana Hasanudin Banten Berdasarkan Undang Undang Informasi dan Transaksi Elektronik ]]>
<![CDATA[Daniel Ronaldo Gultom]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v2i2.15757
<![CDATA[The advancement of technology in digital era is growing fastly, However hacking criminal act is growing happened. Hacking case observed by researcher is Maulana Hasanudin Banten Moslem State University database, researcher on this research use framework of thinking as follows: Law enforcement theory and sentencing law theory. In compiling the identification on this research, First, how law enforcement on hacking Maulana Hasanudin Banten Moslem State University database perpetrator based on Law of Information, Transaction, and Electronics ? Second, how law sentencing on hacking Maulana Hasanudin Banten Moslem State University database perpetrator based on Law of Information, Transaction, and Electronics ? This research use juridical normative methods and empirical normative methods. First observation result in enforcement law on perpetrator database is any difficulty to determine criminal law act location and to search lost data caused by hacking act. Second, sentencing on hacking database perpetrator, sentencing on hacking perpetrator is very enthereal and not include minimum sanction in Information, Transaction and Electronics law. So therefore it is necessary must increase law enforcer ability in this case law enforcement on hacking criminal act and must include minimum sanction in law, so that to notice justice people aspect.]]>
<![CDATA[Analisis Kendala Penegakan Hukum Pidana Terhadap Pelaku Pengaturan Skor (Match Fixing) Sepak Bola di Jawa Timur (Studi Kasus di Jawa Timur) ]]>
<![CDATA[Adrian Imam Ramadhan]]>;
<![CDATA[Hervina Puspitosari]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v2i2.16205
<![CDATA[There are Provisions Football is a very popular sport among the people of Indonesia. The total population of Indonesia, which has a total of 365 million, prefers this one ball sport to other sports. With such huge potential resources, many are interested in using football as a medium or intermediary for various messages and information, ranging from its role as a business medium to a political medium. The research method of this writing is empirical juridical, is a legal research regarding the enforcement or implementation of normative legal provisions in action on every particular legal event that occurs in society. The main motive for fixing the score is money. Big capital gambling syndicates dare to make scenarios regarding the outcome of a match because they have a lot of money to play at many points. However, it must be understood that as long as it does not meet certain elements that are criminally regulated, a score setting cannot be included in the category of crime/criminal but will still injure fair play. Three Elements of Legal System, the theory of Lawrence M. Friedman is a factor that influences law enforcement, namely the structural component, the substance component, and the cultural component or legal culture. Law enforcers must be pro-active in enforcing the law on match fixing because in essence, fixing scores or bribes in speak football matches is a general offense. Without a report, the police should do intelligence work for the convenience and good of the sport of football.]]>
<![CDATA[Perlindungan Hukum Terhadap Kurir Jika Terjadi Ketidaksesuaian Pengiriman Barang Terhadap Konsumen Dalam Transaksi Cash on Delivery (COD) ]]>
<![CDATA[Muh Ersandi Rizki Pratama]]>;
<![CDATA[Sutrisno Sutrisno]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v2i2.16304
<![CDATA[The digital world offered by the sophistication of the Internet, presents new innovations that change old conventional habits. The existence of the development of the internet, presents an innovation where the market can be reached anytime and anywhere, and under any conditions known as E-commerce or electronic commerce. The sale and purchase is considered to have occurred if both parties have agreed on the goods and prices, even though the goods have not been delivered or the price has not been paid. The formulation of the problem is regarding the legal relationship of the parties in COD transactions, as well as legal protection in COD transactions. The method used in compiling this research is a research with a normative method approach. The source of the research that the author took is in the form of normative analysis related to regulations related to the protection of couriers, such as Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, Law Number 22 of 2009 concerning Road Traffic and Transportation, and Law No. Number 38 of 2009 concerning post. The COD mechanism does not stop only at the relationship between the seller and the buyer, but involves parties that are very important for the operation, namely the delivery service company and courier delivery service, which presents a new legal relationship in the COD transaction process. Couriers in delivering goods to consumers or recipients of goods are also responsible for the goods delivered, if there is damage on the basis of negligence on the part of the courier, the courier is responsible for the goods, however, as long as it is not the fault of the courier, the courier will not be charged and compensation for damaged goods.]]>
<![CDATA[Analisis Yuridis Tuntutan Jaksa untuk Menuntut Hukuman Mati dalam Tindak Pidana Korupsi (Studi Putusan Nomor 50/Pid.Sus-TPK/2021/PN Jkt.Pst) ]]>
<![CDATA[Moh Romli]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v2i2.16314
<![CDATA[Corruption is an extraordinary crime (extraordinary crime), so how to handle it must also be done in extraordinary ways as well. Regarding the issue of corruption that the author raises, namely the case of corruption committed by Heru Hidayat, President Commissioner of PT Trada Alam Minera Tbk, corruption at PT Asabri is also called the mega-corruption case because the value of state losses is fantastic, reaching Rp. 22.7 trillion. This type of research is a normative juridical research, which examines laws and regulations, theories, or the opinions of legal experts. Regulations related to prosecuting the death penalty are contained in the Guidelines for the Attorney General of the Republic of Indonesia Number 1 of 2019 concerning Criminal Prosecutions for Criminal Acts of Corruption and Article 2 Paragraph (2) of Law Number 30 of 1999 concerning Eradication of Criminal Acts of Corruption as amended in Law Number 20 of 2001 concerning Eradication Corruption Crimes.]]>
<![CDATA[Efektivitas Penyelenggaraan Klaim Jaminan Kematian BPJS Ketenagakerjan Atas Kematian Pekerja Migran Indonesia Di Jawa Timur ]]>
<![CDATA[Kiki Meylia Darma Esicho]]>;
<![CDATA[Wiwin Yulianingsih]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v2i2.16323
<![CDATA[Work is the primary need of every human being. By working, they will get a salary or wages that becomes the exchange rate to buy various necessities for life. But unfortunately, the fact is that getting a job in Indonesia is not an easy thing. This encourages people, especially those with education from elementary school to high school, to look for job opportunities abroad. From an economic perspective, the rapidly growing world market and the influence of globalization have opened up demand for workers in foreign economic sectors. Migrant workers act as accomplices and agents of economic and social progress in their country of origin and their country of placement. However, they are also very vulnerable to risks that can result in death. In this regard, the state is responsible for providing proper welfare for its citizens by providing services to Indonesian Migrant Workers through the BPJS Ketenagakerjaan Death Security. The heirs will receive cash benefits if Indonesian migrant worker dies. However, in practice, each BPJS Ketenagakerjaan branch office has its own regulations regarding the procedure for claiming death benefits. In this case, the BPJS Ketenagakerjaan Branch of Karimun Jawa in East Java provides file requirements that differ from the Regulation of the Minister of Manpower and Transmigration Number 18 of 2018 concerning Social Security for Indonesian Migrant Workers, which impedes the heirs. Furthermore, the level of education and family members of the Indonesian migrant workers from small towns prevent them from learning about the Death Insurance Claim procedure at BPJS Ketenagakerjaan Karimun Jawa.]]>
<![CDATA[Perlindungan Hukum Terhadap Tanah Adat Suku Bugis/Tolotang Di Kabupaten Sidenreng Rappang ]]>
<![CDATA[Heril Heril]]>;
<![CDATA[Andi Suriyaman M Pide]]>;
<![CDATA[Sri Susyanti Nur]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v2i2.16437
<![CDATA[The Towani Tolotang people still retain their beliefs from their ancestors, even though living in modern times today they are able to prove their existence by consistently maintaining their religious and cultural activities. Land is very important for the Towani Tolotang people because the land is not only a place to live and grow crops, but as a place to carry out religious or customary activities carried out throughout their existence. This research will examine the legal protection of land from Towani Tolotang in Sidenreng Rappang Regency. This type of research is empirical legal research, data sources are primary and secondary data and are analyzed descriptively. The results of the study found that preventive legal protection of towani Tolotang customary land until now has not existed, either the land registration or the recognition/regional regulations that protect the Towani Tolotang customary land. However, physical control of the land has been carried out from hundreds of years by their ancestors and there is recognition by the surrounding community of the control. The land that has strong legal evidence in this case the land certificate is the lands of the Towani Tolotang community which are used individually. The second type of legal protection is repressive, although the Towani Tolotang and Islamic people coexist in Amparita Lama (Amparita Village, Toddang Pulu Village, Arateng Village and Baula Village) they have different problem solving. In the Towani Tolotang society those who have disputes such as land can settle in Uwa' or Uwatta' which is the highest class among them. It was the fatwa of Uwa' or Uwatta' that was made legal by the Towani Tolotang people. Meanwhile, when the community is both Islamic or Islamic with Towani Tolotang, the dispute will be resolved in the village of the community or even can go to court in Sidenreng Rappang Regency.]]>
<![CDATA[Pertanggungjawaban Pidana dan Perlindungan Hukum terhadap Anak dalam Tindak Pidana Narkotika ]]>
<![CDATA[Leni Dwi Nurmala]]>;
<![CDATA[Yoslan K. Koni]]>;
<![CDATA[Dince Aisa Kodai]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v2i2.16546
<![CDATA[ The circulation of narcotics in Indonesia has spread to various circles, not even a few children are victims of the narcotics circulation. The involvement of children as narcotics users and the involvement of children as perpetrators of narcotics trafficking, so that eradication and prevention must be carried out specifically and requires the involvement of various parties. In this study will discuss how the legal protection of children in narcotics crimes. The method used in this writing is normative juridical writing with a statutory approach and literature study. The results of the discussion obtained by children who are caught in the law or children in conflict with the law (ABH), especially the legal protection of children in narcotics crimes must be able to realize restorative justice with settlement efforts that prioritize the best interests of the child, with the aim of finding a fair legal settlement. as well as prioritizing the recovery of children's conditions and providing protection for the rights of children who are in conflict with the law so as to avoid handling that violates legal procedures during the criminal justice process. This is carried out based on the mandate of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System and Law no. 35 of 2014 concerning Child Protection.]]>
<![CDATA[Dialektika Norma Islam dan Norma Hukum Positif dalam Pembentukan Peraturan Daerah tentang Pendidikan Al-Qur’an di Provinsi Gorontalo ]]>
<![CDATA[Rahmat Teguh Santoso Gobel]]>;
<![CDATA[Moh. Ihsan Husnan]]>;
<![CDATA[Novendri Nggilu]]>;
<![CDATA[Raihan Sahrul Adnan]]>;
<![CDATA[Moh. Hidayat Muhtar]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v2i2.16682
<![CDATA[ This article discusses the problems of regulating Koranic education in regional regulations in Gorontalo Province. This is based on the consideration of the Ministry of Home Affairs which states that the draft regional regulation on Koranic education cannot be regulated separately but is integrated with existing regional regulations for the provision of education. These problems will be answered methodologically by using normative legal research. The author uses this legal research because the focus is on reviewing literature studies, laws and regulations and court decisions related to the object of research. Based on the results of the study, this article concludes that the establishment of a regional regulation in the Gorontalo province regarding Qur'anic Education has the potential to cause conflict with the principles of establishing legislation. This is based on the material content of regional regulations that require protection for all groups and religions to prevent discriminatory actions on the formation of a regional regulation.The basis for regulating Qur'anic education should be used as part of local wisdom where the province of Gorontalo is known as the Serambi Medina area with a majority Muslim population supported by a strong culture so that a legal policy for the Gorontalo Provincial government is needed to accommodate Qur'anic education in regional regulations regarding the implementation of education in the region so that later the values of the Koran are not only accepted in the sociological scope but are recognized juridically. Therefore, it is necessary to revise regional regulations on the implementation of education by including a chapter on religious education which does not only regulate Koranic education, but other religions can also be included in the chapter. If the regional regulations have been revised, the next effort is to strengthen Koranic education, it is necessary to make an implementing regulation, namely the governor's regulation on Koranic education as a follow-up to regional regulations on the implementation of education.. ]]>
<![CDATA[Efektivitas Pelaksanaan Hukuman Penahanan bagi Anggota Militer yang Melakukan Pelanggaran Disiplin Militer di Polisi Militer Angkatan Laut Lantamal V Surabaya ]]>
<![CDATA[Syahrul Hafiidz Syam]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v2i2.16910
<![CDATA[In a country, elements of the field are needed to maintain unity and integrity in the country, one of which is the military. In Indonesia, the military element that maintains the sovereignty of the Republic of Indonesia is the Indonesian National Army (TNI). TNI soldier is formed through an educational process so that a soldier can carry out his duties properly according to the tasks given, both in combat and outside combat. But in the military area, which should be free from bad and despicable actions or behavior, in reality, TNI members are also ordinary people who cannot be separated from mistakes. It is possible for a soldier to disobey his superiors, or to commit a crime or violation that is detrimental to both the individual and the unit. This study aims to determine the effectiveness of law enforcement military discipline in the Military Police Lantamal V Surabaya and the imposition of penalties if there are members of the military who violate military discipline. This research uses empirical juridical research. Methods of data collection is done by means of interviews and literature studies. The results showed that there were still members of the military who violated military discipline. The data analysis technique in this study used qualitative data analysis. There are 5 (five) factors of legal effectiveness, namely the legal factor itself, law enforcement factors, facilities that support law enforcement, community factors, and cultural factors.]]>
<![CDATA[Pandangan Fikih Terhadap Pembatasan Minimal Usia Perkawinan ]]>
<![CDATA[Hamdan Arief Hanif]]>;
<![CDATA[Chaula Luthfia]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v2i2.17017
<![CDATA[Law Number 16 of 2019 is a law that the main point is to regulate new regulation regarding the minimum age for marriage. Previously, the minimum age for marriage was 19 years for men and 16 years for women. Then this minimum limit was changed to 19 years for both. In Islam, the marriage contract (‘aqd) is a contract that is full of religious activities. However, in Islamic law or fiqh, there is no any evidence that clearly regulates the minimum age for marriage. This paper aims to analyze the rules for limiting the minimum age for marriage from a fiqh perspective. This type of research is normative-empirical legal research with a conceptual approach. The results of the study show that normatively, changes of Law Number 16 of 2019 have been in line with the provisions and principles in fiqh. However, in practice, this research proves that the changing of this law is not fully in accordance with the purposes and benefits in fiqh.]]>
