Supremasi Hukum: Jurnal Kajian Ilmu Hukum
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.
Articles
12 Documents
Search results for
, issue
"Vol 4, No 1 (2015): Supremasi Hukum"
:
12 Documents
clear
<![CDATA[Prinsip Keadilan dan Musyawarah dalam Hukum Islam Serta Implementasinya dalam Negara Hukum Indonesia ]]>
<![CDATA[Hariyanto Hariyanto]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.14421/sh.v4i1.1982
<![CDATA[Social equity and the principle of musyawarah within the law state of Indonesian is a fundamental principle. This article proves that, according to Islamic law, justice can be seen from two aspects, legal justice and social justice. Legal justice is closely related to the implementation of the law, while social justice different from the concept of social justice socialist-communist or liberal groups. The concept of social justice based on the notion of social welfare, while principle of musyawarah is based on the family spirit.]]>
<![CDATA[Independent Agencies dalam Struktur Ketatanegaraan Republik Indonesia ]]>
<![CDATA[Syukron Jazuly]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.14421/sh.v4i1.1981
<![CDATA[This research studies theoretical construction of independent agencies in constitutional structure of Republic of Indonesia, and aims at researching and positioning its theoretical construction, characteristics, and also the forms of its checks and balances towards the original three branches.This normative legal research combines perspectives of conceptual approach, as well as statutory, comparative, and historical ones, in which the implementation conducted accordingly by need.By using the various theories created by some classical and contemporary theorists in term of independent agencies, and limitation of powers themes, as it has been implemented in constitutional law practice and revised in theoretical perspective, the result of this study shows independent agencies are a different branch of government, compare to the conception of Montesquieu’s trias politica. Indonesian constitutional lawpractice attracts fact about an existence of a different branch of government, where it is referred to as the independent agencies. As a new type of separation of power, theoretical construction of independent agencies could be referred to as "The New Separation of Power."The result of this study also shows independent agencies existance in constitutional structure of Republic of Indonesia is still be placed under primary state agencies, and considered as auxiliary state agencies.]]>
<![CDATA[Kajian Sosio Historis Hukum Adat dalam Konstitusi Indonesia ]]>
<![CDATA[M.Misbahul Mujib]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.14421/sh.v4i1.1978
<![CDATA[Indigenous and tribal peoples have recognized in NKRI constitution, UUD 1945. Many factors affect the recognition of indigenous people in the constitution. This study examines the socio-historical factors that influence the recognition of indigenous people in the constitution. This paper uses the legal theories to prove that the law should be born out of history and social reality.]]>
<![CDATA[Sejarah Konstitusi Madinah Nabi Muhammad Saw (Analisis Piagam Madinah dan Relevansinya di Indonesia) ]]>
<![CDATA[Ahmad Zayyadi]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.14421/sh.v4i1.1976
<![CDATA[This work is of the historical discourse about the constitution of Medina with the Medina Charter of The Prophet Muhammad as the content analysis and tends to find out moral massages, values, and principles therein to be implemented for the development of highly-plural Indonesian people. The history of the establishment of the Medina Law is closely related to the discourse about the Medina Charter which is still relevant to speak about. To sharpen the analysis of this work, I quote words from both western scholars and moslem ones and then understand them in the context of social life of the citizens of Indoenesia, especially in resolving social conflicts among peoples and ethnics. In additions, it may be suggested to be a resolution of religious conflicts at local, regional, and international levels. This work has, of course, relevance for the values in the Medina charter as a principle of the establishment of law-based nation are very important to be applicable in Indonesia. The human right, the unity of citizens, religion-based community, the protection for the minority, the politic of peace, etc. are fundamental basis of the values of civilization once practiced by the Prophet Muhammad through The Medina Charter as the fondation of the state law.]]>
<![CDATA[Upaya (Hukum) Termohon Ikrar Talak yang Tidak Ditalak dalam Persidangan Pengadilan Agama ]]>
<![CDATA[Ahmad Khairun H]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.14421/sh.v4i1.1975
<![CDATA[In divorce cases, the absence of the respondent or wife has no effect on the exercise of the talaq pledge, talaq pledge can still be carried out even if the respondent or wife is not present. But conversely, the absence of a husband in a divorce trial as Petitioner pronunciation divorce pledge has legal implications extraordinary. Article 70 paragraph (6) of the Law on Religious Courts asserted that without the presence of the husband in the trial pronunciation pledge divorce causes a court decision religion that had permanent legal force becomes null and void and has implications for the status of marriage between the Petitioner and the Defendant remains valid and binding as normal. The absence of the rule of law that can be coercive power for the Petitioner to carry out the verdict, it does not negate the legal remedies that can be done by the wife as a defendant to fulfill his legal rights. Legal remedies that can be dane include 1) Telling on neglect that happened to the authorities by using laws instruments of domestic violence elimination, 2) filing for divorce, as in general, 3) applying for judicial review to the Constitutional Court, or 4) applying for the execution of the content of the pledge decision/determination of divorce case to the religious court.]]>
<![CDATA[Penetrasi Pesantren terhadap Penetapan Perda Syari’ah di Tasikmalaya ]]>
<![CDATA[Lindra Darnela]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.14421/sh.v4i1.1974
<![CDATA[There are two major in the struggle discourse formalization of Islamic law. The first group is the pesantren leaders who agree with the formalization of Islamic law in Tasikmalaya district, while the second group is denied the formalization of Islamic law in Tasikmalaya. Patterns of thought and understanding of religious texts to be one of the basic choices attitude of the respective leaders of pesantren (Kyai). The attitude of the kyai in their support by signing in to be part of a successful team of the legislative and executive candidates who promised to bring forth specific regional regulations based on Islamic law. Whilst the attitude does not agree with the formalization of religion is silent and there are also other ways, such as by putting up banners that are not religious nuances to show disagreement to the formalization of religion in Tasikmalaya.]]>
<![CDATA[Pemidanaan terhadap Korban Psikotropika (Tinjauan Viktimologi dalam Penjatuhan Pidana terhadap Penyalahguna Psikotropika) ]]>
<![CDATA[Vivi Ariyanti]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.14421/sh.v4i1.1972
<![CDATA[The misuse of psychotropic is classified as “crime without victim”. It isincluded as a norm deviation which does not cause a lose or danger to other people.In this case, the one who become victim is the doer himself. For the user, he has to get a protection in a for of rehabilitation. This rehabilitation is for recovery and it is regulated in pasal 41 UU No.5 Tahun 1997. In the misuse of psychotropic, criminalizing in a narrow point of view is to send the criminal to the prison. This treatment is not perfect for those who already in serious condition or those who need rehabilitation and medical watch-out, this criminalizing leads to worse effect.]]>
<![CDATA[Islam, Jender dan Hukum Islam; Diskursus Kesetaraan Jender dalam Perspektif Hukum Islam ]]>
<![CDATA[Hudan Mudaris]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.14421/sh.v4i1.1970
<![CDATA[Among the global issues that could be on the agenda today is the issue of gender issues. This paper aims the increasingly widespread gender issues discussed on many occasions, so it is continuously rolling seminars both locally, and internationally. Gender differences, which led to injustice and even violence against women, essentially is a social and cultural construction that is formed through a long process. This paper starts from the discussion of sex and gender differences. Then the origin of the creation of women is an important issue to be discussed. Connected with the development of the popular study of womanhood with the term feminism, section of gender equality in Islamic law will examine issues around gender and women in the context of a growing, dynamic Islamic law. Allegedly religious texts are also factors that perpetuate injustice against women. Necessary so that the reinterpretation of religious texts do not merely confine women, but also gives equal portions and positions with men.]]>
<![CDATA[Fikih NKRI: Landasan Berkonstitusi Bagi Umat di Indonesia ]]>
<![CDATA[Masnun Tahir]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.14421/sh.v4i1.1969
<![CDATA[Muslim constitute the overwhelming majority of Indonesia’s population. The Islamic law in Indonesia has evolved from time to time in line with the demands of the changing history. Recently, and during the era of reformasi –it is commonly known sothe Islamic law has been progressively positivised. By this we mean the dynamics within which the Islamic law has the ability to respond to the new situation that requires the re-thinking of someof its dictums. The role of the government has equally been good; it is completely supportive of this process. This shift in direction taken by Islamic law is due to the fact that the colonial law in the country has become rotten. It is no longer able to deal with the ever-changing situations of this Muslim-majority country. This paper discusses this historic turn, and embarks on the debate concerning the advantages of the Islamic law for a Muslim country like Indonesia.Several Islamic countries have attempted to write constitutions which are basedon the principles of the fikih (syari’ah) and, at the same time, they have borrowed procedural forms from Western constitutionalism. However, combining two different systems in a constitution is not an easy task. It is possible that there are some compromising and even conflicting views and values. This leads to the first question addressed in the thesis: Is fikih compatible with the principles and procedural form of constitutionalism?]]>
<![CDATA[Spiritualitas Islam dan Gerakan Politik Ingkar NKRI (Studi terhadap Gerakan Politik HT di Indonesia) ]]>
<![CDATA[Zusiana Elly Elly Triantini]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.14421/sh.v4i1.1967
<![CDATA[The presence of Reformation Order in Indonesia bears new Islamic spirituality in various forms,and one of them is the born of Hizbut Tahrir Indonesia (HTI) which represents Hizbut Tahrir (HT) in the Middle East. The members claim that HTI is an ideological political party which is based on Islamic doctrines and its dakwa is based on the obligation to uphold khila>fah Isla>miyah supported by fikrah (idea) as a means for change. This group has issued some controversial fruits of ijtihads on politics which lead to pro and con among the debate on the discourse of upholding democracy in Indonesia. They reject historical interpretation. If they admit explanation on when,where and background of quranic verses, they will stop on textual understanding. Eventssurrounding the revelation of verses are only understood as historical background which should be adopted and duplicated into our modern live. The verse cannot be interpreted outof the text. There is no critique on previous understandings. They interpret the text anddisregard previous interpretation. These paper is presented simply affirms that new islamic spirituality in Indonesia has many influences to NKRI.]]>
