cover
Contact Name
siti hatikasari
Contact Email
sitihatikasari@gmail.com
Phone
-
Journal Mail Official
jsh_fh@unib.ac.id
Editorial Address
-
Location
Kota bengkulu,
Bengkulu
INDONESIA
Supremasi Hukum: Jurnal Penelitian Hukum
Published by Universitas Bengkulu
ISSN : 1693766X     EISSN : 25794663     DOI : -
Core Subject : Social,
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
Perlindungan Hukum Terhadap Satwa Terancam Punah Di Indonesia : Bagaimana Ikan Air Tawar Endemik Bangka Belitung bunga; winanda Kusuma; Ave Agave Situmorang
Supremasi Hukum: Jurnal Penelitian Hukum Vol 32 No 2 (2023)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.32.2.161-176

Abstract

The purpose of this study is to analyze forms of protection for rare and endangered species. Moreover, to find out the mechanism for determining the protection of rare and endangered animals. The research method was carried out normatively with a statutory and conceptual approach. The results show that Indonesia already has several laws protecting animals, especially aquatic biodata. The protection is in the form of full protection and limited protection. Unfortunately, the endemic freshwater fish of Bangka Belitung has not received protection status in Indonesian laws and regulations. Furthermore, the determination of fish species protection status is carried out through a. initiative proposals, b. verification of proposals, c. public consultation, d. policy analysis, e. scientific recommendations, and f. determination of fish species protection status. Moreover, the Minister of Maritime Affairs and Fisheries assigns a status category to the type of protection. Local governments are also given the authority to determine limited protection
a Pengertian Istilah Dan Makna Dalam Hukum: (Studi Analisis Term Syari’ah Dan Qanun) Jauhari, Dwi Langgeng; Insan Labib, Muhammad Alfreda Daib
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.33.1.1-10

Abstract

Shari'ah are the rules prescribed by Allah and the commands of His Prophet. Therefore, Shari'ah is a complete law that includes spiritual aspects related to God and social aspects related to the relationship between humans and the environment. Rigid and inflexible laws will create negative impacts and conflicts in society, so it is important to treat laws that are acceptable and adaptable to the environment. One of the ideas of modern Islamic law is qanun. The purpose of this study is to provide an understanding of shari'ah and qanun along with the taqnin of shari'ah, which is still a never-ending debate between groups that are against the existence of tannin Islamic law and groups that are against it. This research is library research. The type of research used in this paper is library research with a normative approach. The findings obtained from this research are; 1) shari'ah and qanun are different things but have interrelated relationships, 2) groups that support and do not support the existence of shari'ah tannin have their reasons.  
QUO VADIS REGULASI PEREDARAN OBAT BEBAS DAN OBAT BEBAS TERBATAS PADA SARANA NON-FARMASI Hanif, Muhammad
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.33.1.11-22

Abstract

The distribution of drugs, especially over-the-counter drugs and restricted over-the-counter drugs, currently seems not to be properly controlled as there is a discrepancy between regulations and techniques in monitoring the distribution of them on non-pharmaceutical facilities. In response to this, the Government made changes by issuing Law Number 17 of 2023 about Health replacing Law Number 36 of 2009. This research aims to confirm that with the publication of Law Number 17 of 2023 about Health, there are regulations that explicitly regulate the procedures for implementing pharmaceutical practice. The results of this research show that although it is not perfect, the government has fulfilled its obligation to protect the public in terms of drug distribution.
KONTRADIKSI PENGATURAN SITA ASET MILIK BUMD BERBENTUK PERSEROAN DAERAH Iswan, Muhammad; Sari, Novita; Ghafur, Jamaluddin
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.1.35-53

Abstract

This research aims to elaborate on the reasons for the contradictions in legal arrangements regarding confiscation of assets owned by regional companies and how the legal arrangements for confiscation of assets owned by regional companies should be. This research is a type of juridical-normative research. The primary legal materials used are the State Finance Law, the State Treasury Law and the Regional Government Law and PP BUMD. Coupled with Law no. 5 of 1962 concerning regional companies. The research was conducted by inventorying regulations relating to BUMD in the form of regional companies. Legal materials that have been inventoried are then analyzed using the prescription method. The results showed that the contradiction in the regulation of conflict of assets of regional companies boils down to the use of the term regional company in the State Finance Law. The conceptual reference to regional companies in Law No. 5 of 1962 is no longer in line with the form of regional companies that have been transformed into BUMD based on the Regional Government Law and PP BUMD. Thus, Article 50 of the State Treasury Law does not apply to assets that are separated and managed independently by regional companies. In addition, the regulation on configuration of assets of regional companies must begin with an amendment to the State Finance Law, followed by the State Treasury Law. Regulations on the confiscation of assets of regional companies must be carried out to provide justice for every legal entity and the wealth of private legal entities in Indonesia.  
KEPASTIAN HUKUM KEPEMILIKAN HAK ATAS TANAH AKIBAT TERJADINYA SERTIFIKAT GANDA DI KANTOR PERTANAHAN/ATR KABUPATEN CIANJUR Reta, Reta Dwi Murty
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.33.2.76-91

Abstract

Article 19 paragraph (2) letter C of the Basic Agrarian Law (UUPA) emphasizes that certificates are a strong means of proof so that their owners are given legal certainty and legal protection. The approach method used by normative juridical aims to determine the factors causing the emergence of double certificates for land ownership at the Cianjur Regency Land Office/ATR, the impact that occurs if a double certificate is issued on the legal certainty of ownership of land rights, and the efforts made by the Land Office/ ATR Cianjur Regency in providing guarantees of legal certainty over land so that there are no double certificates. So it can be found that double certificates generally occur on land that is still empty or has not been developed and one of these is caused by the existence of a letter of evidence or acknowledgment of rights which is proven to contain untruths, falsehoods, or is no longer valid; One of the impacts of double certificates is that there is public unrest, especially for people seeking land who will always be filled with feelings of worry or fear that the land they are going to buy will turn out to be disputed land; and To minimize land disputes in dual certificates, one of the roles carried out by the Cianjur Regency National Land Agency (BPN) as a public servant is to review and manage data to resolve cases in the land sector. Keywords: Dual Certificate, Agrarian Law, National Land Agency (BPN).
Judge's Considerations in Imposing Replacement Prison Sentences in Corruption Crime Cases Sidebang, Ruth Novaulina; Simatupang, Benget Hasudungan; Sitepu, Sudirman
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.33.1.65-75

Abstract

Corruption causes financial losses to the state which results in crises in various fields. In order to suppress the growth of corruption in Indonesia, various efforts to prevent corruption are carried out. One of them is by providing an additional penalty in the form of payment of replacement money. In terms of convict does not have sufficient assets to pay replacement money, he will be punished with substitute prison whose length does not exceed a main penalty. The absence of guidelines regarding the length of substitute prison based on replacement money results in frequent disparities. This research uses empirical research methods with a non-doctrinal approach in the form of empirical studies to find theories regarding the process of occurrence and operation of law in society. The formulation of the problem in this research is how judges consider when imposing a prison sentence as a substitute for replacement money in cases of criminal acts of corruption and what policies can prevent disparity in decisions in imposing prison sentences as a substitute for Additional Crime of Substitute Money in Corruption Crime.  Based on the research results, it is known that there are no standard guidelines regarding determining the length of substitute imprisonment, while Article 8 of Perma Number 5 of 2014 concerning Additional Crime of Substitute Money in Corruption Crime only determines that the maximum imprisonment is 20 (twenty) years. So, in addition to imposing a decision, the judge must consider the juridical, philosophical and sociological aspects and be based on the judge's beliefs obtained from the beginning to the end of a case that occurred. Because there are no restrictions on the provision of imprisonment as a substitute for Additional Crime of Substitute Money, several policies are needed to reduce existing disparities.
SECURITIES CROWDFUNDING TEROBOSAN BARU PADA HUKUM PASAR MODAL DI INDONESIA Tan, Kendry
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.33.2.162-176

Abstract

As a member of the global economy, Indonesia is experiencing the fourth industrial revolution. The rise of the fourth industrial revolution has had both beneficial and negative effects on Indonesian society, particularly on MSMEs. MSMEs must constantly grow and strengthen their capabilities in order to thrive in the era of the Fourth Industrial Revolution. As a result, the government of Indonesia adopted a Securities Crowdfunding policy to aid the growth of MSMEs. Researchers undertake research using a legislative and conceptual approach related to the topic at hand. According to the findings of study, Securities Crowdfunding is a government program aimed at improving Indonesia's economic underpinnings. It plays a vital role in implementing securities crowd funding and provides significant benefits to the existence and growth of MSMEs in Indonesia.  
Ratio of Legis Dissolution of Community Organizations Without Due Process Of Law agung Barok Pratama, agung
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.33.2.92-109

Abstract

This research examines the Authority of the Government in the Dissolution of Community Organizations. The purpose of the research is to find out the ratio legis of the regulation of the dissolution of community organizations without a judicial process and the dissolution of community organizations in a democratic perspective. This research is a type of normative juridical research using prescriptive analysis techniques. The results of this study indicate that the ratio legis of the government dissolving community organizations is an affirmation of the principle of contrarius actus so that the government with its authority can dissolve community organizations without the need to wait and go through the judicial process (due process of law). And the dissolution of community organizations without a judicial process does not reflect a characteristic of a state of law based on democratic principles and ignores the constitutional rights of citizens to guarantee freedom of association, assembly and expression.
Strategi dalam Memerangi Korupsi: Analisis Multi-Dimensi terhadap Kebijakan Anti-Korupsi dan Dampaknya: (Studi Kasus Kepala Desa Banjar Sari Lombok) Panjaitan, Nadia Adinda Kezia
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.33.2.137-161

Abstract

Corruption is a significant issue plaguing society, with detrimental consequences for national development. It involves the abuse of authority and public trust for personal gain or the interests of specific groups, adversely affecting the government, private sector, non-governmental sectors, and society at large. This research aims to conduct a multi-dimensional analysis of anti-corruption policies implemented in the Head of Village Banjar Sari Lombok region and their resulting impacts. The study encompasses various strategies, including legal aspects, combating corruption in the public sector, preventive measures, anti-corruption education, and community involvement. Additionally, the research investigates how anti-corruption policies have affected various aspects of social, economic, and political life in the Head of Village Banjar Sari Lombok. The research methodology includes a literature review, framework development, data collection, analysis, case studies, impact assessment, recommendations, and validation. This methodology provides comprehensive insights into the efforts against corruption and the effectiveness of anti-corruption policies in the Head of Village Banjar Sari Lombok. Research findings demonstrate that anti-corruption policies have resulted in positive changes in governance, enhancing transparency, accountability, and public awareness of corruption risks. These impacts also extend to the economic realm, reducing economic losses due to corrupt practices. Therefore, efforts to combat corruption in the Head of Village Banjar Sari Lombok must be continually strengthened and improved to ensure a cleaner society and a more advanced community.  
Dinamika Partisipasi Masyarakat dalam Proses Pembentukan Kitap Undang-Undang Hukum Pidana Afif, Muhammad
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.33.2.110-123

Abstract

The Draft Criminal Code (RKUHP) has been approved by the People's Representative Council and the Government to become law. However, this ratification has left many problems in the formation process, one of which is in terms of community participation, which is considered to be minimal. This research departs from one key question: Has the community participation been implemented in the discussion process of the RKUHP until the draft is ratified in the DPR Plenary Session? The research method used is the normative juridical research method. The results show that there has been a neglect of community participation in the formation process, which caused the RKUHP to receive criticism and rejection. The government then responded by inviting those who disagreed to review the law to the Constitutional Court.

Page 9 of 11 | Total Record : 103