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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 196 Documents
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Interpretasi Hukum “Anak Di Luar Perkawinan” Dalam Undang-Undang Perkawinan 1974 (Studi Pandangan Hakim Pengadilan Agama Provinsi Daerah Istimewa Yogyakarta) Mahmud Mahmud
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 8, No 1 (2019): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v8i1.2048

Abstract

This research was conducted with the aim to findout what the judge's view of the legal interpretationabout the outside marriage state of children and howthe interpretation of the judge's judgments regardingthe decision of the panel judges related to the outsidemarriage state of children according to the state viewsof the Religious Courts of Yogyakarta Special Province.In this method of study using the Juridical Sociologicalmethod that a combination of fields that use primarydata and secondary data in the form of interviews withinformants and this study is descriptive analytical.Based on the approach method concluded: 1. Accordingto the marriage law Law No. 1 of 1974 in Chapter IX,Article 43 paragraph (1) a child out of wedlock only hasa civil law with his mother and his mother's family. Butwith the decision of the constitutional court No. 46 /PUUVIII / 2010 read: "Children born outside ofmarriage have a civil relationship with their mothersand families and with men as fathers who can be provenby knowledge and technology or by other meansaccording to the law so that they are proven to haveblood relations, or a civil relationship with his father'sfamily, not enough to give consideration to the judge indeciding the case, according to the author, it is quiteinteresting to understand the state of children outsidethe marriage from the point of view of the judge. In thisresearch, the compiler tried to study it using fieldresearch. The primary material of this research is the viewsof the judges in the Bantul Religious Courts, Yogyakartaand Sleman. Regarding the legal interpretation by thejudge of the state of children outside of marriage, in themarriage law No. 1 of 1974 obtained by interview.Based on the analysis carried out, it can be obtainedfrom the Judges in the Bantul Religious Courts,Yogyakarta and Sleman have the same view regardingthe legal interpretation of the state of children outsideof marriage. that the definition of a child outsidemarriage is a child of the sirri marriage. The equation isin his view that what is seen first is certainly thelegitimacy of his marriage, where when the terms andconditions are fulfilled, the request is granted andwhere there is an unfulfilled meal, it will be rejected.Keywords: Outside marriage of Children, interpretationof law, laws
Mekanisme Penyidikan Tindak Pidana Manipulasi Data Transaksi Grab di Polres Lamongan Muhammad Rizqy Romadhony
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 8, No 1 (2019): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v8i1.2047

Abstract

The crime of manipulating transaction data that occurred in theLamongan police area is one form of the development of new crimes that canbe categorized as Cyber crimes. The existence of online transportation itselfactually has no legal rules governing, but all forms of transaction activitiesas stipulated in the Electronic Information and Transaction Law. So that inthe implementation of the investigation of cyber crime, this should also referto the provisions stipulated in the Electronic Information and TransactionAct. This type of research is field research by collecting data from its sourceand taking an empirical juridical approach. The results of the study showthat the investigation carried out by Lamongan Police investigators wascarried out as well as the usual criminal acts stipulated in the provisions ofthe Criminal Procedure Code. As stipulated in the Information andInformation Technology Law itself, the investigation is regulated inaccordance with the provisions of the Criminal Procedure Code and this Lawwhich also contains several special rules. The problem during theinvestigation is the limited number of investigators and the absence ofcooperation between the Police investigator and PPNS investigators so thatthe investigation cannot be carried out effectively
Dasar Negara dan Hukum Dasar: Suatu Telaahan Yuridis atas Relasi Pancasila dan UUD 1945 Udiyo Basuki
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 8, No 1 (2019): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v8i1.2046

Abstract

The basis of the State is the attitude of life or outlook onlife which is a state philosophy (political philosophy) which isdomiciled as the source of all sources of law or sources oforderly law in a country. Whereas the Basic Law is the basicrules which are used as the basis and source for the applicationof all laws or regulations or legislation in the administration ofa country's government. In the spirit and pace of constitutionaldynamics, Pancasila as the Foundation of the Indonesian Statehas a very close relationship with the Basic Law or theIndonesian constitution, the 1945 Constitution, especially in thiscase with the Preambulation of the 1945 Constitution. Apartfrom the formulation of the Pancasila contained in thePreamble to the 1945 Constitution, the two are inseparable fromeach other, both are also regarded as basic norms, as sources ofpositive law. The basic legal formulation in the articles in theBody of the 1945 Constitution is emanating from the norms inthe Preamble to the 1945 Constitution and Pancasila. Theprinciples of Pancasila are contained in and are part of thePreamble to the 1945 Constitution.Keywords: state foundation, basic law, Pancasila, 1945Constitution
Analisis Pertimbangan Mahkamah Konstitusi Dalam Perkara Nomor 49/PUU-XVI/2018 Tentang Presidential Treshold Fajar Tri Laksono
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 8, No 1 (2019): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v8i1.2045

Abstract

Law No. 7 of 2017 concerning General Elections Article222 governing the threshold of the nomination of president andvice president (presidential treshold). The Constitutional Courthas decided that the threshold for nominating a president andvice president is in accordance with the constitution. Thisresearch is categorized as library research with literaturestudy. The type of approach is legal normative. Considerationsof the Constitutional Court ruled that the threshold article(presidential treshold) is constitutional. First, the sound ofArticle threshold limits the political parties participating in thePresidential and Vice-Presidential Elections which have passedthe verification by the General Election Commission. Unfairtreatment is evident for participants in the general election,especially political parties who qualify to participate in thegeneral election and especially for those who want to run forpresident and vice president. Second, the implementation of thepresidential threshold is not appropriate to strengthen thepresidential system in Indonesia. Presidential Treshold is not aprerequisite for nomination, but a requirement for applying aminimum threshold for presidential election.Keywords: Presidential Treshold, Constitutional Court,Constitutionality
Strategi Organisasi Bantuan Hukum dalam Penyerapan Anggaran BantuannHukum Kementerian Hukum dan HAMdi Jawa Tengah dan Daerah Istimewa Yogyakarta Tahun 2016 Faisal Luqman Hakim
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v7i2.2039

Abstract

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.
Sanksi Pelanggaran Kode Etik Notaris Oleh Majelis Pengawas Daerah M. Jamil
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v7i2.2037

Abstract

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
Praktik Perkawinan Wanita Hamil Di Sleman (Studi Di Desa Pondokrejo Tempel) Navis Syahadah
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v7i2.2036

Abstract

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.
Perlindungan Hukum Terhadap Anak Dalam Konflik Bersenjata di Suriah Imam Rokhyani
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v7i2.2035

Abstract

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.
Pemakzulan Presiden di Indonesia Studi Putusan Final dan Mengikat Oleh Mahkamah Konstitusi Untuk Menciptakan Kepastian Hukum Uci Sanusi
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v7i2.2042

Abstract

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
Legitimasi Penggunan “Debt Collector” Di Perusahaan Pembiayaan Syariah Dalam Proses Eksekusi Jaminan Perdana Nur Ambar Setyawan
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 7, No 2 (2018): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v7i2.2044

Abstract

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.

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