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M Misbahul Mujib
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Fakultas Syari'ah dan Hukum UIN Sunan Kalijaga; Jalan Marsda Adi Sucipto, Caturtunggal, Kabupaten Sleman, Daerah Istimewa Yogyakarta 55281
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INDONESIA
Supremasi Hukum: Jurnal Kajian Ilmu Hukum
Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta
ISSN : 23021128     EISSN : 27234207     DOI : https://doi.org/10.14421/sh
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The focus and scope of SUPREMASI HUKUM: Jurnal Kajian Ilmu Hukum are legal Science, including the study of Law issues in Indonesia and around the world, either research study or conceptual ideas. Generally we are interested in all law studies such as following topics Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedure Law, Commercial Law, Constitutional Law, International Law, State Administrative Law, Customary Law, Islamic Law, Agrarian Law, Environmental Law, Legal Theory and Legal Philosophy.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol 2, No 2 (2013): Supremasi Hukum" : 11 Documents clear
Eksistensi Delik Adat dalam Kontestasi Hukum Pidana Indonesia M. Misbahul Mujib
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1944

Abstract

Indigenous offense is an act that violates the sense of justice and propriety inpublic life, sahingga cause disruption of public peace and order to restore balance, thenSo, Customary law offense is a whole unwritten law that determines the existence of violations of customary deeds and all attempts to restorea state of equilibrium is disturbed by such actions.there is the customary reactions.encouraged the emergence of an ongoing debate since the beginning of the independence ofIndonesia on whether custom could be one source of law in the Indonesian constitution. Therefore, the focus in this study is the existence of Indigenous offense in Indonesiancriminal law system. The conclusion in this paper can be said that the offense is a violation of Indigenous customary criminal and civil. In solution, preferably an elementHowever, Indigenous offense hasof peace through justice of the peace as the controlling offense Indigenous village. If not tercapa peace, then the elders can provide appropriate sanctions and the background dueto the violation.
Penerapan Pembalikan Beban Pembuktian (Omkering van Bewijslast) Pada Peradilan Tindak Pidana Korupsi dalam Perspektif Hak Asasi Manusia Terdakwa Zainal Muhtar
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1940

Abstract

Corruption was considered detrimental to social and economic rights of Indonesian society that is an extra-ordinary crime and a common enemy Indonesian society and the nation as a whole. Therefore, necessary extra-ordinary enforcement and extra-ordinary measures anyway. One such action is to conduct a comprehensive shift to the existing verification system , by applying the reversal of burden of proof (omkering van bewijslast) in UU PTPK. The application of this principle tends to cause the shift of the presumption of innocence to the presumption of guilt, whereas protection and respect for Human Rights defendant can not be reduced at all and for any reason (non- derogable right). This paper attempts to examine the application of the reversal of the burden of proof (omkering van bewijslast) in the theoretical study and practice, to find a theoretical justification for the application of the reversal of the burden of proof in relation to human rights perspective defendant.
Refleksi Yuridis Perkembangan Demokrasitisasi Politik Pemilu Pasca Reformasi Bagus Anwar Hidayatulloh
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1939

Abstract

Development of democracy in Indonesia is experiencing significant growth,especially in the time of the Reformation. Awareness of the state of democracy in Indonesia is characterized by changes in the amended constitution and also theemergence of laws and other regulations over a democracy. One of the rules and regulations are constantly changing is about elections. Election is one of thecharacteristics of countries that embrace democratic system. In the post-Reformation has happened 3 times elections, namely in 1999, 2004 and 2009. At the third electionlaws have different anyway. Because there is a political configuration that houses the elections. The election of these three would be a reflection of this nation about thedevelopment of democracy. This paper will present the existing political demokrasti tripon Election Post-Reformation, as a reflection of legal developments democratic election.
Pelaksanaan Pertanggungjawaban Sosial Perusahaan (Corporate Social Responsibility) PT. Sari Husada Cabang Yogyakarta Terhadap Lingkungan Sosial Jejen Hendar
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1938

Abstract

Indonesia is the welfare state that promotes the livelihoods of both material and immaterial society as stated in the Undang-undang Dasar of 1945, Section 28H paragraph (1). Various corporate activities bring real impact on both the quality of human life on individual, community, and throughout life. Deforestation, global warming, environmental pollution, poverty, ignorance, disease, life and access to clean water, ongoing until finally came the concept of corporate social responsibility or CSR. UU No. 40 of 2007 on Limited Liability Companies, which every company should pay attention to the surrounding environment or social responsibility through Corporate Social Responsibility (CSR). PT. Sari Husada as a publicly listed company and is engaged in dairy nutrition based in the city center. Problems that occur if PT. Sari Husada perform CSR should set out in the Company Law. the question is how the company's concern about the environment and how companies impact on the environment
Problematika Pengelolaan Pendapatan Asli Daerah di Era Otonomi Daerah Lukman Santoso
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1935

Abstract

The post-reform era of regional autonomy, has brought major changes in the state system. Included in the financial management system and mechanism of local government. In the context of autonomy, in addition to the transfer of central, local governments are required to have their own sources of funding in the form of local revenue (PAD), lending area, as well as other legitimate reception area. However, in practice, in the majority of the transfer region of the Central Government is the main source of local government funding to finance daily operations, which by the local government "reported" in the budget calculations. Being the ability of the region to explore the potential of the region as revenue in the implementation of socio-economic development is still very limited. As a result, local government revenue sources are very dependent on transfers from the central government.PAD is a pure reception area and its role is an indicator of the extent of the autonomy has been widely implemented, real, and responsible. By extracting maximum revenue and the expected increase in local government is also able to improve its ability in the administration of local affairs. PAD sources determined by Law no. 22 jo 25 of 1999 and Law no. 32 jo 33 of 2004, local taxes, levies, local owned company results and other legitimate source revenues. Additionally PAD is the backbone of regional funding, therefore the ability to implement autonomy in the measure of the magnitude of the contribution made by the PAD to the total budget, so that local autonomy can be realized with either.
Perlindungan Para Kreditor Sehubungan Dengan Debitor Mempailitkan Diri Supriyono Supriyono
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1934

Abstract

Debtors can file for bankruptcy if having two or more creditors who can not run the obligations to pay the debt and interest that was due. In this case the bankruptcy petition aimed at the Commercial Court and the Commercial Court should be granted if there is the fact that in accordance with the terms of the bankruptcy has been met by the party who filed for bankruptcy. For Debtors filed for bankruptcy itself the conditions are that the debtor has two or more creditors and not pay at least one debt that has matured. In this study the authors focused on the protection of creditors in connection with bankruptcy debtors themselves.
Membongkar Paradigma Positivisme Hukum dalam Pemberantasan Korupsi di Indonesia: Pemenuhan Hak Asasi Manusia dalam Negara Hukum Habib Shulton Asnawi
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1933

Abstract

Thinking in this paper, motivated by concerns about increasing corruption cases in Indonesia, both central to the regional level. This is due to law enforcement (Judges, Prosecutors and Police) in Indonesia is still dominated by the paradigm and way of thinking "positivistic-legalistic", especially in the interpretation of law. Corruption affects the country's financial losses, destroying human resource, social, natural, democratic system and the rule of law. Thus resulting in poverty, ignorance, misery, and destruction of the Indonesian nation. Therefore, dismantle legal positivism paradigm is a necessity, in order to fulfill Human Rights (HAM) notably in the concept of rule of law in Indonesia.
Asas Pembuktian Terbalik Tindak Pidana Pencucian Uang dalam Globalisasi Hukum Muhammad Nurul Huda
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1932

Abstract

In Indonesia , the burden of proof principle was first introduced in the Act of corruption , and in 2010 was introduced in the Act money laundering . The principle of reverse burden of proof in Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering is not recognized in Law No. 25 of 2003 on Money Laundering preexisting . The principle of reversed burden of proof is the influence of the globalization of law . This is evident from the rules of the UNCAC , each participating country is required to make adjustments to the existing rules in the UNCAC . In the UNCAC rule that to accelerate in the fight against corruption and money laundering , each participating country are advised to incorporate the principle of proof is reversed. It is useful in addition to tracking the money proceeds of crime as well as to give an opportunity to the accused to prove that their wealth is not derived from a criminal offense
Penegakan Hukum Terhadap Pelanggaran Berat Hak Asasi Manusia Ach. Tahir
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1931

Abstract

Gross violation of human rights has always been stalking the world. Wars in Iraq and Palestine not only devastate buildings and infrastructure, but also above all that take the toll of thousands of civilians whose lives are supposed to be protected. United States, all this time claiming as the greatest democracy and champion of human rights, apparently is the one that inflict worst injury to democracy and human rights themselves, as apparent in the fact that until today the issues of wars in Iraq and Palestine are yet to be settled. The United Nations, in its ideal vision the spearhead of justice in global level, is in actuality cowering before the United States and its allies. Sad but true, Law becomes powerless in the face of ambitions of global political power.
Globalisasi, Konstitusi dan Hak Asasi Manusia: Pengaruh Globalisasi terhadap Pengaturan HAM dalam Konstitusi Indonesia Udiyo Basuki
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1930

Abstract

Globalization is a phenomenon that can not be avoided by anyone, any nation and any country, including Indonesia. It brings an enormous influence on aspects of national life, including the thought of human rights. The influence of the ideas and insights of global human rights reflected in the human rights debate setting on early days of the first constitution, the 1945 Constitution. In the reform era, the impact of thought globalization of human rights requires a constitutional amendment, which finally produced the regulation of human rights in the 1945 Constitution.

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