Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi has published by Sharia Faculty of UIN Prof. K.H. Saifuddin Zuhri Purwokerto. Volksgeist has a focus in publishing the research, and conceptual ideas which specific in the sector of Law science. The topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Constitutional Law, Islamic Constitutional Law, Criminal Law, Islamic Law, Civil Law, International Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Civil Procedural Law, Adat Law, and Environmental Law
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90 Documents
<![CDATA[Pembagian Harta Waris dalam Masyarakat Nagari Bayua ]]>
<![CDATA[Dodi Syaputra]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 3 Issue 1 (2020) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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<![CDATA[The purpose of this article is to seek how to distribute inheritance to the people of Nagari Bayua, Tanjung Raya District, Agam Regency. This research is field research using empirical legal research methods by using qualitative methods through interviews with religious leaders, community leaders, and local Pangulu (Indigenous Chief) who understand the distribution of inheritance (livelihoods) to the Nagari Bayua indigenous people. The results shows that the inheritance obtained from parents is divided into heirs according to Islamic law, but customary law is more dominantly used by the Minangkabau people, especially in Nagari Bayua. The people in Nagari have their own way of distributing inheritance by dividing from the oldest child to his younger siblings, and the men do not get any of the inheritance.]]>
<![CDATA[Perlindungan Hukum Terhadap Pelayanan Kesehatan Tradisional di Indonesia ]]>
<![CDATA[Nurani Ajeng Tri Utami]]>;
<![CDATA[Nayla Alawiya]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 1 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v1i1.1605
<![CDATA[Traditional health services in Indonesia have been regulated in the Law No. 36 of 2009 about Health and in Government Regulation No. 103 of 2014 specifically. This paper is intended to discuss the legal protection of traditional health services and its forms. This study applies normative juridical methods. The results show that the level of legal protection for traditional health services is empirically lower than complementary and integration. This is proven by the absence of the right to obtain legal protection for traditional empirical health services. The legality of traditional empirical health services is only attested by Traditional Health Registered Letters (STPT) while complementary and integration is attested by a Certificate of Traditional Health Worker Registration (STRTKT) and Practice Permit Traditional Health Workers (SIPTKT).]]>
<![CDATA[Sinkronisasi Materi Muatan Perda Berbasis Syariah ]]>
<![CDATA[Hayatun Na’imah]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 1 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v1i1.1610
<![CDATA[The regional regulation (Perda) as one of the legal products prevails in the Republic of Indonesia (RI) has its place in the hierarchical structure of the Indonesian legislation. The emergence of Shari'a-based local regulations in various regions in Indonesia is related to the emergence of regional autonomy. Shari'a based regional regulations cannot be directly said to be good or not according to the law, nor can it be said to be in line with or contrary to the existing legislation. There are several parameters to assess the regional regulations, namely by the Executive Review conducted by the Ministry of Home Affairs, the Judicial Review carried out by the Supreme Court and the Legislative Review by the Legislature. Through these parameters it can be seen whether Sharia-based regional regulation (Perda) are referred to as part of the existing legislation in Indonesia.]]>
<![CDATA[Refleksi Normatif Mengenal Sahifah al-Madinah Terhadap Konstitusi Negara Indonesia ]]>
<![CDATA[Hanif Fudin Al-Azhar]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 1 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v1i1.1617
<![CDATA[In the life of the nation, each country has specific guidelines to regulate and bind the people in the country, including governance arrangements. This paper is intended to discuss and examine those specific guidelines as the state constitution. The focus of this study is the constitution of the Republic of Indonesia, namely the post-Amendment 1945 Constitution which is considered implicitly relevant to á¹¢aḥīfah al-MadÄ«nah or Medina Charter as the result of the agreement between Rasulullah SAW and people of Madinah at that time (Mu'aqadah al-Waá¹Äniyah). It is considered to have constitutional content as in constitution of a modern state. The author uses the reflective aspect of á¹¢aḥīfah al-MadÄ«nah normatively in terms of constitutional content in the Republic of Indonesia]]>
<![CDATA[Penerapan Prosedur Mediasi dalam Penyelesaian Sengketa Wakaf di Pengadilan Agama ]]>
<![CDATA[Syufaat Syufaat]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 1 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v1i1.1678
<![CDATA[Waqf has two dimensional meaning; the spiritual dimension that is taqarrub to Allah and the social dimension as the source of Islamic financial for the welfare of the people. Waqf disputes can be caused by several reasons; waqf land is not accompanied with a pledge; waqf is done on the basis of mutual trust so it has no legal proof and ownership. Currently, the choice to use the court is less effective in resolving disputes. Hence, the public ultimately chooses non-litigation efforts as a way to resolve the disputes. Mediation process is preferred by many as it is viewed to be the fairest way where none of the two parties wins or loses (win-win solution). It is also fast and cheap. This study is intended to examine how to solve waqf dispute with mediation model according to the waqf law, and how the application of mediation in the Religious Courts system]]>
<![CDATA[Problematika Hukum Implementasi Sifat Final dan Binding Putusan yang Dibuat oleh BASYARNAS dalam Penyelesaian Sengketa Bisnis Syariah ]]>
<![CDATA[Karimatul Khasanah]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 1 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v1i1.1685
<![CDATA[BASYARNAS’s verdict in resolving dispute can be negotiated or cancelled by submitting nullification to the Religious Court if the parties or one of them felt dissatisfied with the BASYARNAS verdicts. This case is important to be reviewed academically because of its paradox and ambiguity. On the one hand the decision is final and binding, but on the other hand it could be cancelled through the Religious Court. If the BASYARNAS verdicts really want to be final and binding, the nullification of the verdicts should be abolished. It can be replaced by an amendment of the verdict submitted to BASYARNAS and handed back to the arbitrator (arbitrator panel) who handles the dispute. Apart being fast and confidential, the arbitrator (judge) is more aware of the case, the reasons, evidences and witnesses of the dispute.]]>
<![CDATA[Konsep Diversi dan Restorative Justice sebagai Pergeseran Tanggung Jawab Pidana pada Sistem Peradilan Pidana Anak ]]>
<![CDATA[Pangestika Rizki Utami]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 1 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v1i1.1691
<![CDATA[The concept of diversity and restorative Justice is a criminal cases settlement form that provide children protection by promoting the best interest of the child principle. To protect children from the formal process of criminal justice system, the legal and humanitarian experts conceptualize the act of removing child who has allegedly committed a criminal offense from the general criminal justice process by providing an alternative punishment that is considered better for children. The concept of diversion is created based on the fact that the criminal justice process for children as the perpetrators through the conventional criminal justice system causes more harm than good. Restorative Justice is a fair resolving criminal cases system with by emphasizing recovery in its original state. This article will discuss about the shifting of children criminal responsibility from conservative criminal penalties to child friendly criminal penalties with the concept of diversity and restorative justice.]]>
<![CDATA[Pembangunan Hukum Nasional Berdasarkan Nilai-Nilai Pancasila ]]>
<![CDATA[Hariyanto Hariyanto]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 1 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v1i1.1731
<![CDATA[The development of national law must be built through the process of discovery, development, and adaptation of Indonesian volkgeist as well as compromises with various laws that exist and live in the society. The development of national law covers several aspects including: the development of legal material, apparatus as well as infrastructure and facilities of Pancasila as the noble values and become the basis for the life of the nation and state. Therefore, the values in Pancasila must also be used as the foundation of our country in the development of national law, especially in the development of legal material and apparatus.]]>
<![CDATA[Dewan Perwakilan Daerah Republik Indonesia dalam Perspektif Teori Bicameralisme ]]>
<![CDATA[Dody Nur Andriyan]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 1 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v1i1.1742
<![CDATA[After the amended of Indonesian Constitution1945, there is controversy about the position and function of the DPD as representative institution. This article examines the theoretical concepts and applications of bicameralism and unicameralism in many countries in the world and contextualizes them in Indonesia. There are five concepts of ius constituendum that can be explored in this article; First the DPD has the authority of legislation, supervision, and valuation; Second, the DPD has the authority to discuss and participate in deciding all the draft bills proposed by the DPR; Third, the DPD has initiative right to submit a draft bill, but is limited to certain regional affairs; Fourth, the structure and position of the MPR were substituted as a joint house for the DPR and DPD. Fifth, the MPR does not need its own General Secretariat. The MPR also does not require permanent leadership, because it can be held alternately by the leaders of the DPR and DPD.]]>
<![CDATA[Sejarah dan Perkembangan Pertanggungjawaban Korporasi ]]>
<![CDATA[Hesti Widya Ningrum]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 2 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v1i2.1633
<![CDATA[Corporate criminal responsibility has a difference in its development between countries with the common law system and those with civil law system. This is also, no exception in Indonesia. Indonesia as a Dutch Colony, which adheres to the civil law system which carries the adagium "deliquere non potest university," where corporations cannot be convicted. By using a normative approach, this article discusses about corporation as subject of criminal law which regulated outside the Criminal Code (KUHP). In Pratice, there have been several cases that punish corporations who commit criminal acts such as corruption. The finding of this article is court in Indonesia, especially corruption court are more likely to use the doctrine of vicarious liability as in common law countries. Contrary, with the conception in the Draft Criminal Code (RKUHP) that is more likely to use identification doctrine on corporate responsibility.]]>
