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.
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<![CDATA[Strategi Organisasi Bantuan Hukum dalam Penyerapan Anggaran BantuannHukum Kementerian Hukum dan HAMdi Jawa Tengah dan Daerah Istimewa Yogyakarta Tahun 2016 ]]>
<![CDATA[Faisal Luqman Hakim]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v7i2.2039
<![CDATA[Law Number 16 of 2011 concerning Legal Aidmandates the government's obligation to provide legalaid funds to disadvantaged communities. To be able tochannel these funds, the Ministry of Law and HumanRights collaborates with Legal Aid Organizations (OBH)throughout Indonesia. There are more than 500 OBHspread throughout Indonesia. As many as 40 (forty)OBH are found in Central Java and 19 (nineteen) OBHare in the Special Region of Yogyakarta. The existingOBH is also required to make various efforts so thatlegal aid funds can be maximally absorbed. Thisresearch was conducted to find out how and thestrategies carried out by OBH in absorbing legal aidfunds by the Ministry of Law and Human Rights inCentral Java and the Special Region of Yogyakarta.From the research conducted, it was found that inabsorbing OBH legal aid funds in Central Java and DIYconducted 1. Recruitment and collaborating withexisting university alumni as well as, 2. Conductinglegal counseling in collaboration with CommunityService Agencies and students , especially for OBHunder the University 3. Cooperation or communication,both formally (based on the MoU) and non-formal (oralcommunication) between OBH and the JudicialInstitution. 4. Conduct legal socialization through massmedia, such as newspapers and radio, and 5. Make useof its own network of members to provide assistance tothe poor justice seekers.]]>
<![CDATA[Sanksi Pelanggaran Kode Etik Notaris Oleh Majelis Pengawas Daerah ]]>
<![CDATA[M. Jamil]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v7i2.2037
<![CDATA[Notary is a function that is used from the state inthe field of private law and applies the role in makingauthentic deeds that have perfect proof power. Legalbasis for the implementation of the notary profession, inaddition to the Notary Act and other regulations, theNotary also has a Notary Code of Ethics as a foothold incarrying out his profession. In order to ensure tehcomplience in laws and codes of ethics, Notaries aresupervised by the regional supervisory board. Theexistence of a regional supervisory board is required tobe carried out professionally in carrying out their dutieswithout any feeling of discomfort for the monitorednotary. Notaries need more concrete objective laws,then the Notary Law and the Notary Code of Ethicsrespond to these concerns. However, the complience tothe ethics of the profession is very influential on themorals of the notary himself]]>
<![CDATA[Praktik Perkawinan Wanita Hamil Di Sleman (Studi Di Desa Pondokrejo Tempel) ]]>
<![CDATA[Navis Syahadah]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v7i2.2036
<![CDATA[This study examines the problem of pregnantmarriage in Pondokrejo Village by focusing onunderstanding and practice among the people. Thepractice of pregnant marriage that occurred among thepeople of Pondokrejo Village was motivated as in othersocieties by extramarital pregnancies. The practice ofpregnant marriage is regulated in Article 53Compilation of Islamic Law which confirms thatmarriage in a pregnant state is permitted. Article 53Compilation of Islamic Law which states that womenwho are pregnant may be married to men and themarriage does not need to be repeated. The practice ofpregnant mating in Pondokrejo Village has its ownuniqueness, namely the repetition after the birth of thebaby. With this the compilers are interested inexamining the reasons why the people in PondokrejoVillage are married in a state of pregnancy andunderstanding and practice of pregnant marriages.In this study the compilers used field research.With the research the compiler came to the location tomake observations to the people in Pondokrejo Villageto find out the community's understanding andpractices that occur in the community towardspregnant marriage. In addition to observationobservations, the author also conducted interviews withseveral parties related to the issue such as the Head ofHamlet, Chairperson of the RT, Chairperson of the RW,the community and the perpetrators. The approachused in this study is the legal sociology approach toobserve how the understanding of the community and the practice of pregnant marriage in Pondokrejo Villageare then linked to the legislation that governs this. Tofind out why the community allows marriage andpractices that exist in the community by looking at therecording and repetition of the marriage.This study reveals that the people of PondokrejoVillage in allowing pregnant marriages because of thecover-up of disgrace, obtaining child status and maleresponsibility for impregnating her. The publicunderstanding of pregnant marriages is grouped intotwo, namely, the first group that allows the practice ofpregnant marriages and the second group whichprohibits marriage in a pregnant state. Whereas relatedto the practice of pregnant marriage the authors foundthat along with the understanding of the community canbe translated into three, namely prohibition, the matingpermits pregnant on condition and without conditions,while the acquisition is done by recording and having apostnatal remarriage.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Dalam Konflik Bersenjata di Suriah ]]>
<![CDATA[Imam Rokhyani]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v7i2.2035
<![CDATA[The armed conflict in Syria began in March 2011and has murdered many victims and millions of peoplehave fled. During the conflict that occurred during theArab Spring in the Middle East region, there wereindications of infractions of Geneva Convention IV1949. The infractions lead into violence acts involvingchildren in, such as murdering, torturing, sexualviolence and recruiting them into the organization ofarmed groups. Besides breaking the GenevaConventions, those actions are in contradiction with oneof the principles of international humanitarian law, i.e.the distinction principle. This paper discusses the legalprotection of children in armed conflict, in Syria, inaccordance with the Geneva Convention IV of 1949 andthe relevant regulations.]]>
<![CDATA[Pemakzulan Presiden di Indonesia Studi Putusan Final dan Mengikat Oleh Mahkamah Konstitusi Untuk Menciptakan Kepastian Hukum ]]>
<![CDATA[Uci Sanusi]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v7i2.2042
<![CDATA[The Constitutional Court of the state institutionformed in the Third Amendment of the 1945Constitution has 4 (four) authorities and one obligation.The obligation of the Constitutional Court is to decidethe opinion of the DPR on alleged violations of lawcommitted by the President / or Vice President asstipulated in Article 7A and 7B of the 1945 Constitution.If the Constitutional Court confirms the opinion of theDPR, then the DPR will conduct a plenary session toproceed to the People's Consultative Assembly as thefinal breaker for impeachment, but the People'sConsultative Assembly may be able to disobey theConstitutional Court's ruling which has justified theopinion of the House of Representatives because thereare no rules that stipulate that the Constitutional Courtis final and binding for the People's ConsultativeAssembly so that The MPR did not comply with theConstitutional Court's decision so that it could causethe legal certainty]]>
<![CDATA[Legitimasi Penggunan “Debt Collector” Di Perusahaan Pembiayaan Syariah Dalam Proses Eksekusi Jaminan ]]>
<![CDATA[Perdana Nur Ambar Setyawan]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v7i2.2044
<![CDATA[The development of the world of sharia economy has made significant progress in this XX century. Even in Indonesia, it is started the emergence of Islamic banks and followed by other financial business sectors such as sharia insurance, syariah capital markets, and sharia leasing. Shariah financing (Leasing) became the public choice in the procurement of goods, especially vehicles because the process is fast, simple, and easy. Similar to other financing businesses that culminate in the provision of credit, the sharia leasing system also starts from the signing of contracts, binding fiduciary guarantee, and delivery of vehicles to customers. The distinction of Sharia financing is in the contracts and Islamic Economic principles that clinged in tits business process. Trust is the primary basis of the financing business, both customer and leasing company is expecting the installment be settled on time without any payment arrears. However, sometimes there are some customers who have failed payment of vehicle installment. In this situation the company will take measures to rescue the financing, executing Fiduciary guarantee. The execution process starts from delivery of warning letters to customers till taking back the collateral by its debt collector in order to smooth the process of guarantee sales. Sometimes the collateral-taking becomes a little harsh because the customers are reluctant to hand over process, whereas the legitimacy of the debt collector's action is essentially based on both Islamic Law and Positive Law in Indonesia.]]>
<![CDATA[Implementasi Peraturan Perundang-Undangan Tentang Diversi Tindak Pidana Anak di Polresta Yogyakarta ]]>
<![CDATA[Eva Albatun Nabilah]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v7i2.2043
<![CDATA[processes to processes outside criminal justice. Diversion was only implemented in 2014, two years after the enactment of Law No. 11 of 2012 concerning the Child Criminal Justice System. The purpose of implementing diversion is to create restorative justice in the juvenile justice system. Restorative justice is believed to be able to overcome the high rate of child crime in Indonesia. In fact, in Yogyakarta, even though diversion has been implemented, the number of children committing crimes is still high. Based on this, the authors are interested in examining two things, namely examining the related implementation of diversion in Yogyakarta Police towards all criminal offenses that meet the requirements of attempted diversion and to see its implementation in terms of the objectives of the Child Criminal Justice System.This research uses a jurisdictional-empirical approach by looking at the suitability between the Law and the reality at the Yogyakarta Police. This research is descriptive analysis by conducting interviews and observations as data collection techniques.The results of this study, the authors conclude that not all child crimes in Yogyakarta Police are attempted diversion according to the mandate of the Child Criminal Justice System Act, even though the criminal offense of the child has fulfilled the requirements for diversion. This is because in practice, in addition to using diversion solutions, Yogyakarta Police also has another solution called "ADR". From the results of this study, the authors conclude that not all forms of restorative justice that are the objectives of the juvenile justice system are achieved. Of the 5 (five) points of the objectives of the juvenile justice system, three of them are achieved, namely: resolving child cases outside the judicial process; Avoid children from deprivation of independence; and Encourage the community to participate. While the other two, achieving peace between victims and children and instilling a sense of responsibility for children, has not been achieved.]]>
<![CDATA[Implementasi Pemungutan dan Penegakan Hukum Pajak Bumi Dan Bangunan Perdesaan dan Perkotaan di Kota Tasikmalaya (Berdasarkan Peraturan Daerah Kota Tasikmalaya Nomor 4 Tahun 2011 Tentang Pajak Daerah) ]]>
<![CDATA[Rizki Aulia Muslim]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v7i2.2041
<![CDATA[The delegation of Land and Building Tax (PBB) from the central tax to regional taxes has an impact on the regions to carry out PBB collection and impose administrative sanctions on taxpayers who are not timely in paying the PBB. This research is an empirical and qualitative research type with an analysis based on the Regional Regulation of Tasikmalaya City Number 4 of 2011 concerning Regional Taxes. The results of the research obtained by the author are the Regional Government of Tasikmalaya City in handling the problem of collection and enforcement of land and building tax law delegated to the Regional Tax and Retribution Management Agency (BPPRD) of the City of Tasikmalaya using active and passive methods. Efforts made to impose sanctions on taxpayers are to provide administrative sanctions accompanied by actions to collect and apply alternative sanctions in the form of social sanctions.]]>
<![CDATA[Analisis Yuridis Kerjasama Bisnis Menggunakan Jaminan Antara CV Mitra Sejati Abadi dengan Peternak Ayam Pedaging di Kabupaten Magelang ]]>
<![CDATA[Rizaqitama Kalima Nugraha]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v7i2.2040
<![CDATA[The world of broiler farming business in CV. Mitra Sejati Abadi Wilayah Magelang uses collateral in business cooperation. Business cooperation built with a partnership system with farmers in the production process is a risk principle (loss / profit). The principle is applied with the aim if the loss is a shared responsibility and if profit is shared satisfaction. The point of balance of profit / loss depends on the national market price. This research data collection technique by conducting interviews with CV. Mitra Sejati Abadi in Magelang Region and 3 (three) partner farmers who have different guarantees, cases and sub-districts. The nature of this research is descriptive-analytical, namely research that aims to describe the practice of cooperation between CV Mitra Sejati Abadi and the farmers in the Magelang region. The research approach used is juridical empirical, which analyzes reality based on the Civil Code and data collected from CV. Mitra Sejati Abadi Magelang region and partner farmers in several sub-districts in the Magelang regency. This research shows that there are some errors in the agreement which will be discussed further.]]>
<![CDATA[Akibat Hukum Kontrak (Akad) Terhadap Subjek dan Objeknya ]]>
<![CDATA[Muslih Muslih]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v7i2.2038
<![CDATA[The agreement is a legal relationship regarding the ties between parties that cause legal consequences and must be fulfilled. In classical fiqh, agreements only involve parties who make and do not apply to other parties. However, at certain limits due to contract law it can also involve third parties. With respect to the object of the contract, transfer of ownership can be carried out if the provisions in the form of the scope of the contents of the agreement, the binding capacity of the agreement and the responsibilities of the agreement have been fulfilled.]]>
