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Supremasi Hukum: Jurnal Penelitian Hukum
Published by Universitas Bengkulu
ISSN : 1693766X     EISSN : 25794663     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Supremasi Hukum : Jurnal Penelitian Hukum [e-ISSN 2579-4663 dan p-ISSN 1693-766X] adalah nama baru sebagai pengganti "Jurnal Penelitian Hukum yang diterbitkan oleh Fakultas Hukum Universitas Bengkulu sejak Tahun 1995. Jurnal "Supremasi Hukum: Jurnal Penelitian Hukum" merupakan jurnal atau media informasi dan komunikasi di bidang hukum berisi artikel ilmiah hasil penelitian terkait bidang ilmu hukum yang meliputi Hukum Perdata, Hukum Ekonomi/Bisnis, Hukum Pidana, Hukum Administrasi Negara, Hukum Tata Negara, Hukum Konstitusi, Hukum Islam, Hukum Lingkungan, Hukum Adat, Hukum Kekayaan Intelektual, Hukum Perlindungan Perempuan dan Anak, Hukum Internasional dan sebagainya yang berhubungan dengan masalah-masalah hukum.
Arjuna Subject : -
Articles 103 Documents
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A ANALISIS STRATEGI KEPOLISIAN DAERAH ISTIMEWA YOGYAKARTA DALAM MENGATASI KEJAHATAN PENIPUAN ONLINE DI ERA SOCIETY 5.0 Khakim, Lukman; Fadlilah, Nabila Nur
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 2 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.33.2.124-136

Abstract

Online fraud is a crime in e-commerce using the internet. Online fraud crime is developing massively along with technological advances, giving rise to various modus operandi. This study aims to analyze and explain the strategies implemented by the Yogyakarta Special Region Police in overcoming the problem of online fraud crime in the era of society 5.0. This study uses an empirical legal research method with a field research approach. This study presents primary and secondary data taken from various sources, such as interviews with police officials and data related to online fraud cases. The results of the study show that the Yogyakarta Police in overcoming online fraud crimes in the era of society 5.0 has adopted various strategies, such as increasing public awareness, collaborating with digital platform providers, and improving digital investigation capabilities. However, challenges in dealing with online fraud remain, including legal constraints and technological lag. This research provides insight into how law enforcement is adapting to changes in the society 5.0 era and provides a basis for further improvements in efforts to address online fraud crimes.
PERAN JAKSA PENGACARA NEGARA SEBAGAI MEDIATOR DALAM MEMBANTU BADAN PENGELOLAAN PAJAK TERKAIT KASUS PENUNGGAK PAJAK Depitha Sukmadayanti; Niken Wahyuning Retno Mumpuni
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 1 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.1.12-24

Abstract

In general, the public perceives prosecutors only within the scope of criminal law, given their predominant role as public prosecutors in criminal cases. However, this study explores another dimension of the role of State Attorneys (Jaksa Pengacara Negara – JPN) in civil and administrative legal matters, particularly in handling tax arrears cases. Taxes, as a primary source of state revenue, require firm legal enforcement against delinquent taxpayers. This research aims to examine the involvement of JPN in the process of tax debt collection. The study employs an empirical juridical method with a statute approach and a case study approach. Data were collected through observation, documentation, and participation in case handling focus group discussions (FGDs). The findings indicate that JPN plays a strategic role as a mediator who facilitates taxpayers’ commitment to fulfilling their obligations through installment payment schemes. This study recommends stronger collaboration between the Regional Revenue and Retribution Management Agency (BPPRD) and the South Lampung District Prosecutor’s Office to enhance monitoring efforts and provide more preventive warnings. Such measures are essential to encourage tax compliance and reinforce the effectiveness of legal enforcement in the taxation sector.
MODEL PENYELESAIAN PIDANA ADAT MENURUT HUKUM YANG HIDUP DALAM MASYARAKAT DI KOTA BENGKULU Susi Ramadhani; Asep Suherman; Dwi Putri Lestarika
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 1 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.1.90-108

Abstract

The promulgation of Law Number 1 of 2023 concerning the national Criminal Code (KUHP), replacing the Dutch Criminal Code, is a fundamental reform of Indonesian criminal law because of the recognition of laws that live in society. The purpose of this study is to find out and describe the position of customary criminal settlement in Indonesian laws and regulations and the process of resolving customary crimes according to the law that lives in the community in Bengkulu City. In Bengkulu City, the customs used are the Lembak custom, the Malay custom, the Serawai custom, and the Rejang custom. The enforcement of Bengkulu City customs was confirmed with the issuance of Regional Regulation Number 29 of 2003 concerning the Enforcement of Bengkulu City Customs.   The method used in this study is an empirical legal research method, where data is obtained directly from the community. This research is important because there is no uniformity in the process of resolving customary crimes that occur in Bengkulu City. The contribution given will benefit law enforcement officials in resolving customary crimes in accordance with the laws that live in the community, especially in Bengkulu City as an effort to enforce the law.
PENGARUH KELOMPOK KRIMINAL BERSENJATA TERHADAP INTEGRASI NASIONAL DI PROVINSI PAPUA Muhammad Al Fahrozi; Nova Elizhabeth; Naufal Maulana
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 1 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.1.1-11

Abstract

The Papua Province is highly vulnerable to national integration conflicts due to its historically unique path of incorporation into the Unitary State of the Republic of Indonesia (NKRI), differing from other regions. One of the major current threats is the activity of separatist armed groups known as Armed Criminal Groups (KKB). This study aims to analyse the impact of KKB on national integration in Papua through a normative juridical approach, examining relevant laws and legal doctrines such as Law No. 5 of 2018 on the Eradication of Terrorism Crimes. The analysis reveals that KKB activities have seriously disrupted national security and unity, while also damaging the country's international reputation. The designation of KKB as a terrorist organisation is considered appropriate as it meets the legal criteria for terrorism. The study concludes that resolving the conflict in Papua cannot rely solely on military action but requires a comprehensive strategy that includes law enforcement, socio-cultural approaches, and diplomacy. It is recommended that the government enhance the effectiveness of Special Autonomy implementation, strengthen state presence in remote areas, and involve local leaders in national dialogue and reconciliation processes.
Integration of Local Wisdom in Low Carbon Development Policies and Industrial Downstreaming Marhaeni Ria Siombo
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 1 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.1.25-39

Abstract

As an implementation of Indonesia's commitment to implementing the 'Paris Agreement', the government has issued various policies related to reducing greenhouse gas emissions that cause climate change that threatens the lives of living things, including humans. Several government policies, such as carbon trading, carbon storage, energy transition, have been regulated in several legal products. Complex problems arise because at the same time Indonesia is experiencing social problems, a high number of job seekers, increasing unemployment rates and the need for efficient utilization of non-renewable natural resources (coal, nickel, tin, gold). So the government made an industrial downstream policy. All management processes from raw materials to finished goods ready for consumption domestically. Of course, many factories will be built, which will carry out the process of converting raw materials into ready-to-consume goods, which in the production process will produce greenhouse gas emissions, especially carbon dioxide (Co2). There is a commitment to carry out low-carbon development, but on the other hand there are socio-economic needs that must be met. To combine these two interests, the local wisdom of the community in its closeness to nature, in 'protecting, caring for and utilizing' natural resources wisely, can be a strengthening and supporting element for low-carbon development. The normative legal method is used in examining various legal products and other references. The conclusion or implication of this article is that socio-cultural aspects must be a concern in the implementation of development because the principle of sustainable development is to align economic, ecological and socio-cultural aspects to achieve the welfare of the Indonesian people.
Position Of The Supreme Court Decision Number 23 P/HUM/2024 After The Constitutional Court Decision Number 70/PUU-XXII/2024 Oktafiani Zendrato; Ardilafiza
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 1 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.1.40-65

Abstract

Supreme Court Decision Number 23 P/HUM/2024 and Constitutional Court Decision Number 70/PUU-XXII/2024 are two decisions related to the age requirements for regional head candidates which were initially followed up by the House of Representatives and ultimately the House of Representatives chose to follow Constitutional Court Decision Number 70/PUU XXII/2024. The purpose of this research is to find out how the authority of the Supreme Court and the Constitutional Court in testing laws and regulations related to the Regional Elections and what is the position of the Supreme Court Decision Number 23 P/HUM/2024 after the Constitutional Court Decision Number 70/PUU-XXII/2024. This research method is a normative legal research using a statutory approach and a conceptual approach. The results of the study show that the authority of the Supreme Court and the Constitutional Court in testing statutory regulations related to regional head elections has different scopes of authority. The Supreme Court has limited authority to test statutory regulations under the law against the law, one of which is the General Election Commission Regulation as a derivative regulation of the Regional Head Election Law and does not have the authority to test the Regional Head Election Law, while the Constitutional Court has the authority to test laws against the 1945 Constitution of the Republic of Indonesia,  one of which is in testing the Regional Head Election Law. Meanwhile, Supreme Court Decision Number 23 P/HUM/2024 regarding the testing of age requirements for regional head candidates has a lower position when it is used as a basis for the formation of laws and regulations and when used as jurisprudence. Therefore, as a practical contribution, the Supreme Court and the Supreme Court should strengthen their understanding of the limits of authority possessed in testing laws and regulations. Although the authority of the Supreme Court and the Constitutional Court is different, coordination between these two institutions is still necessary to create consistency in the application of the law. Therefore, there needs to be a more intensive dialogue between these institutions related to intersecting issues, such as testing laws and regulations related to the Regional Elections.
AKIBAT HUKUM TERHADAP PERKAWINAN ADAT BATAK SIMALUNGUN MARHAJABUAN TIDAK TERLAKSANA ADAT NAGOK DI DESA NAGORI DOLOK KABUPATEN SIMALUNGUN Yohana Dwi Putri Damanik; Hamdani Ma’akir; Dimas Dwi Arso
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 1 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.1.66-89

Abstract

The traditional marriage of Batak Simalungun Marhajabuan does not carry out the Nagok custom in Nagori Dolok Village, Simalungun Regency is a marriage ceremony that does not carry out full customs, the marriage only carries out a part of the series of traditional ceremonies so that it cannot complete all applicable customary procedures. This research method is a empirical legal research with a qualitative approach. The results of the study show that  the factors that cause Marhajabuan not to carry  out the Nagok custom  according to the Batak Simalungun customary law in Nagori Dolok Village, Simalungun Regency are divided into two, namely internal factors consisting of six, namely parents who are less able to afford the cost of the party or regarding the cost  of partadingan (honest money),  the parents of the woman did not approve of the marriage of the married couple, the bride and groom had committed a violation of customs, the man and the woman were of the same clan, the man and woman were matched by both parents and the lack of understanding of the bride and groom or parents of the custom. Meanwhile, there are two external factors, namely social change and modernization and inter-tribal marriage and efforts to inaugurate Marhajabuan only through mangadati. Meanwhile, as a result of the law against Marhajabuan, the Nagok custom is not carried  out according to Batak Simalungun customary law, namely the marriage that has been carried out is not recognized customarily, subject to customary sanctions or fines, the children of the couple cannot carry out the marriage using the custom, and if one of these married couples dies,  the first procession that must be carried out is the ceremony Stuart.
HARMONISASI FRASA RINGANNYA PERBUATAN DENGAN ASAS LEGALITAS TERKAIT IMPLEMENTASI RECHTERLIJK PARDON DI INDONESIA Gandi, Fahrulian; Nashriana; Albariansyah, Hamonangan
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 2 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.2.109-122

Abstract

The phrase “minor nature of the act” in the concept of rechterlijk pardon as regulated in Law No. 1 of 2023 has not yet been accompanied by interpretative guidelines. This situation may result in biased interpretations, leading to legal uncertainty and inconsistency in future law enforcement. This study examines the ideal regulation of the phrase “minor nature of the act” in rechterlijk pardon to ensure harmony with the principle of legality. The research employs normative legal methods, utilizing statutory, conceptual, case, and comparative approaches. The findings indicate that the phrase “minor nature of the act” should be limited to specific criminal offenses eligible for pardon, as exemplified in Portugal, in order to prevent multiple interpretations that could result in discrimination in law enforcement.
Comparative Law Between Indonesia And Malaysia In The Resolution Of Cyberbullying Crimes Rahmawati, Afifah Nur; Sanjaya, Aditya Wiguna
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 2 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.2.123-136

Abstract

The development of information technology has given rise to various forms of cybercrime, one of which is cyberbullying, which is increasingly prevalent in society. The main problem of this research is how the legal regulations between Indonesia and Malaysia differ in resolving cyberbullying crimes. The purpose of this study is to analyze the similarities, differences, and effectiveness of the legal systems of both countries in providing legal protection to victims. The research method used is a normative-comparative approach by examining the laws and regulations in force in Indonesia, such as the Criminal Code and the Electronic Information and Transactions Law (UU ITE), as well as laws in Malaysia through the Communications and Multimedia Act 1998 and the Personal Data Protection Act. Supporting data is taken from reports of cyberbullying cases in Indonesia and Malaysia in 2024–2025. The results show that Indonesia has a broader legal scope with severe criminal penalties, but its weaknesses lie in the formulation of articles that are open to multiple interpretations and ineffective implementation. In contrast, Malaysia has more specific regulations with practical reporting mechanisms and strong personal data protection, although the criminal sanctions are relatively light. Thus, it can be concluded that Indonesia has a normative advantage, while Malaysia has a practical advantage in addressing cyberbullying.
Divorce Due to Online Gambling in Indonesian Religious Courts: Legal Certainty and Women’s Protection in Islamic and Positive Law Fakhriyah Annisa Afroo; Wevy Efticha Sary
Supremasi Hukum: Jurnal Penelitian Hukum Vol 34 No 2 (2025)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.2.137-159

Abstract

The rise of online gambling in Indonesia has created serious family and legal problems. When husbands become addicted, financial neglect, debt accumulation, and domestic conflict often lead to divorce, leaving women as the most affected group. This study analyzes legal certainty and women’s protection in divorce cases caused by online gambling from both Islamic and positive law perspectives. Using a normative juridical method with statutory, conceptual, and case approaches, the research examines relevant laws and Religious Court decisions in Bengkulu. The results show that legal certainty is guaranteed through consistent court procedures and statutory frameworks such as the Marriage Law, Government Regulation No. 9 of 1975, the Compilation of Islamic Law, and the ITE Law, which classify gambling as a legitimate ground for divorce. Women’s protection is realized through iddah maintenance, mut’ah, custody rights, and division of joint property. This study’s novelty lies in integrating Islamic and national law analyses to reveal how legal certainty principles are operationalized in court practice to ensure substantive justice for women affected by online gambling–related divorces.

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