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INDONESIA
JURNAL DE JURE MUHAMMADIYAH CIREBON
Published by Universitas Muhammadiyah Cirebon
ISSN : 25991949     EISSN : 27147525     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The aim of this journal is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related to contemporary issues in law or interconnection study with Legal Studies in accordance with the principle.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 87 Documents
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SEPARATION OF POWER: BERPISAH UNTUK BERTEMU Sarip Sarip; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 4 No 2 (2020): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v4i2.3172

Abstract

Theorists struggle to determine the nature of the separation of power. There are many objections to the tripartite separation (three powers) of the state in the form of the legislature, executive and judiciary by referring to Montesquieu in his Spirit of the Laws for the history of political theory originating in the French state. The separation of powers is a vital feature of western democracies, enshrined in various federal and state constitutions. As a broad principle, theorists struggle to determine its precise nature, and many argue that the tripartite separation of state power into legislative, executive and judicial branches has proved simple and impossible. I think we should understand the separation of powers as a strategy used to structure the relationship between separate institutions. This structuring process empowers the creation of new relationships between institutions, with the aim of enhancing their institutional integrity. In short, we split up just to reconnect. These strategies direct attention to inter-agency relationships highlighting the contribution of these relationships to keeping institutional integrity together. Keywords: Separation of powers, Institutions, Authority, Meeting each other.
DAMPAK PRESIDENTIAL THRESHOLD TERHADAP REGENT THRESHOLD Harun Fadhli; Sarip Sarip; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 1 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i1.3173

Abstract

The election of the President and Vice President of Indonesia has experienced many dynamics from time to time. The beginning of independence, precisely on August 18, 1945, was carried out by the Preparatory Committee for Indonesian Independence (PPKI). the second replaces Sukarno. The minimum threshold (presidential threshold) became known in Indonesia in 2004, along with the issuance of Law no. 23/2003 concerning General Elections (Pemilu). The stipulation is that Political Parties (Parpol) must reach a minimum of 15% of the DPR seats and 20% of the national valid votes to be able to carry the president and vice president. Efforts to restore democracy to prevent the arbitrariness of the rulers through the presidential threshold have their own obstacles. The function of research is to seek the truth, truth is intended with regard to the nature, source, and scope of knowledge. Setting the Presidential Threshold in the presidential and vice presidential elections in Indonesia has had many impacts. So with the high Presidential Threshold, the public and political parties then submitted a judicial review to the Constitutional Court and in the Constitutional Court's decision Number 53/PUU-XV/2017 regarding the judicial review of Law No. 7/2017 article 222 which discusses the Presidential Threshold, the Constitutional Court refused. The refusal of judicial review of Article 222 of Law No. 7/2017 of the Constitutional Court resulted in setting the threshold for regional head elections still referring to Law No. 10/2016 on regional government. Keywords: threshold, political parties, local government, democracy.
ANALISIS ASAS LEX SUPERIOR DEROGAT LEGI INFERIOR DALAM PRESIDENTIAL THRESHOLD DAN REGENT TRESHOLD Harun Fadhli; Sarip Sarip; Rohadi Rohadi; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 2 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i2.3174

Abstract

The rejection of the judicial review has an impact on Regional Head Elections (Pilkada) throughout Indonesia. Consequently, the Pilkada must follow the same legal provisions as the central provisions regarding the presidential threshold. The difference is only in terms of naming which is called the regent threshold. Researchers, using the regent threshold for studies related to regional elections at the district level, especially the object of which is the Regency. In addition, in the form of regional autonomy, it recognizes the level of legal norms that the law of a lower position may not conflict with the law of a higher position. This means that in a unitary state, the rules that apply at the center will also apply to the regions. Affirmation should be done to avoid confusion or to avoid interpretations between regions, gubernatorial elections, and elections. The threshold for regional heads is inseparable from the existence of the Lex Superior Derogat Legi Inferiori legal principle which regulates how the legal status exists in Indonesia so that the regional head threshold setting is a derivative of the above threshold setting, namely the presidential and vice presidential election threshold. The impact of the Presidential Threshold is not only in the election of regional heads, but also in the election of regents or deputy regents, interim changes for regional heads or deputy regional heads who have a permanent membership. Keywords: Lex Superior Derogat Legi Inferiori, Threshold, Legal provisions.
DAMPAK PRESIDENTIAL THRESHOLD TERHADAP PERGANTIAN ANTAR WAKTU DI DAERAH Harun Fadhli; Sarip Sarip; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 4 No 2 (2020): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v4i2.3176

Abstract

A very difficult choice when faced with the full rights and formal requirements that have been taken, must respect the legal consequences of the single supporting party. As conceptualized by Sebastian Harnich, he will describe the relationship between theatrical stages in giving a formal impression of extra politics in Cirebon Regency. Different things happened in Cirebon Regency when the PAW took place, where regarding the single party proposing it was very clear that it did not violate the law. However, the situation becomes different when political power is mobilized to strengthen regional power. So the authors are interested in studying the impact of the regent threshold in PAW practices that are different from other regions. Then the researchers conducted a study entitled "Impact of the Presidential Threshold on Regent Threshold in Cirebon Regency". Researchers use the footing of previous research to get novelty in research. As a basis for research, several previous studies are related or have something to do with the focus of the study. Political parties that carry in the process of changing between times for deputy regional heads must recommend cadres of candidates for deputy regents who have the appropriate capacity and capability to become candidates for regional leaders. It is not then that the origin of recommending a candidate for deputy regional head is only as an invalid from the applicable law. So that with the election of a qualified deputy head of the region, the welfare of the people in the region and development in the region itself can be independent and advanced. Keywords: Change between times, Politics, Legal consequences.
PENANGANAN PELANGGARAN TINDAK PIDANA POLITIK UANG OLEH PANITIA PENGAWAS KABUPATEN KUNINGAN PADA PILKADA KUNINGAN DITINJAU DARI UU NO. 10 TAHUN 2016 Ikhsan Bayanulloh; Sarip Sarip
Jurnal De Jure Muhammadiyah Cirebon Vol 4 No 2 (2020): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v4i2.3177

Abstract

The characteristics of a democratic state can be applied that in the hands of the people the ownership of the highest sovereignty is located, this is also in line with the contents of the constitution as stated in the provisions of Article 1 paragraph (2) of the 1945 Constitution. The concrete form of the implementation of democracy can be seen from the implementation of elections both to elect members of the legislature and or executive as well as regional head elections which are held directly by prioritizing the priority of the indicators, namely implementation in the implementation process, applicable legal rules, and how to enforce election law. As a system and mechanism, elections are expected to be carried out freely and equally/freely and fairly. Theories and ideas regarding the definition of the rule of law are numerous to be our reference in understanding it. According to Immanuel Kant in his book Methaphisiche Ansfangsgruunde der Rechtslehre, he expressed his opinion on the concept of a liberal rule of law state. The role and authority of the Kuningan Panwaskab in handling election crime violations is quite good although it still has limitations in carrying out its authority, in addition to problems in handling criminal offenses in Law no. 10 of 2016, the Panwaskab often found indecision as well as law enforcers, the prosecutor's office and the police who were members of the Gakkumdu center. Keywords: Crime, Money Politics, Pilkada, Supervisor.
PEMBUKTIAN TINDAK PIDANA POLITIK UANG DALAM PEMILIHAN KEPALA DAERAH TAHUN 2019 Ikhsan Bayanulloh; Fahmi Fajar Mustopa; Sarip Sarip; Nur Rahman
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 1 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i1.3201

Abstract

In almost every election event in Indonesia, it can be seen that there are many violations that often characterize it, the criminal behavior of money politics, for example, is always repeated even though the threat of criminal punishment lurks the perpetrators and recipients. This situation makes it difficult to enforce the law by the Panwaslu, the Police, and the Prosecutor's Office, which are members of the Gakkumdu center, this is because there are obstacles at the time of legal proof from the interpretation and perspective of the meaning of money politics itself which is considered to still have different views/perspectives. . The application of the law and the handling of violations by the Panwaskab against money politics based on formal offenses is a criminal act that has been committed and the act matches the formulation in Article 187 A paragraph (1) of Law Number 10 of 2016 concerning the Election of Governors, Regents and Mayors which requires an act that is prohibited or required to be completed without mentioning the consequences or prohibited by law is the act. Keywords: Crime, Money Politics, Pilkada.
IMPLEMENTASI KEBIJAKAN PENANGANAN COVID-19 : SUATU ANALISIS PENANGANAN COVID-19 DI DESA SAMPIRAN KECAMATAN TALUN KABUPATEN CIREBON Althea Tahaanii Sutriana; Nur Rahman; Sarip Sarip; Feny Auliyah
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 2 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i2.3202

Abstract

The aim of study to find out and analyze the implementation of Covid-19 policies as stated in the West Java Governor Regulation Number 60 of 2020 concerning the Imposition of Administrative Sanctions for Violations of Health Order in the Implementation of Large-Scale Social Restrictions and New Life Adaptations in Coping With Covid-19. Analysis of the policy is considered very important considering that at this time there are still many people who have not implemented health protocols as happened in Sampiran Village, Talun District, Cirebon Regency. in Sampiran village, there are still many people who have not implemented health protocols as regulated in the West Java Governor Regulation, the factor regarding the lack of maximum community compliance is due to none other than the public's knowledge of the policy is still very minimal, so various socialization and education are needed from various parties, especially from the government, in addition, other efforts that can be made are so that policies regarding the prevention of Covid-19 can also be issued from several levels, such as Regency / City Regulations to Village Regulations in each region so that the level of public knowledge increases, which This will affect public understanding in controlling the spread of Covid-19. Keywords: Covid-19, rules, implementation.
ANALISIS PENERAPAN DISIPLIN DAN PENEGAKAN HUKUM PROTOKOL KESEHATAN DI KOTA CIREBON Feny Auliyah; Nur Rahman; Sarip Sarip; Althea Tahaanii Sutriana
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 1 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i1.3203

Abstract

This study aims to determine how the policy to prevent Covid-19 in the city of Cirebon, as well as to analyze how the policy is implemented in the community. This research is a type of normative legal research with an empirical approach, this study uses primary data as the main data, namely in the form of data taken directly from the field, through various observation processes. The results showed that the Covid-19 control policy in Cirebon was appropriate and referred to the policy issued by the West Java Regional Government, which was stated in Governor Regulation Number 60 of 2020 concerning the Application of Discipline and Law Enforcement of Health Protocols as Efforts to Prevent and Control Corona Virus Diseas 2019 is in the New Era Life Order, but at an empirical level, the level of community compliance in Cirebon City is still very minimal, especially for people living in areas far from the city center that have not fully enforced health protocols. So it is necessary that the Regional Government of Cirebon City can issue a policy as an alternative solution that can have an impact on the level of public compliance to continue to enforce health protocols in the new normal era. Keywords: Covid-19, New Era, Health Protocol.
ANALISIS PENERAPAN DISIPLIN DAN PENEGAKAN HUKUM PROTOKOL KESEHATAN DI KOTA CIREBON Mitha Masitoh; Nur Rahman; Sarip Sarip; Rohadi Rohadi
Jurnal De Jure Muhammadiyah Cirebon Vol 4 No 2 (2020): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v4i2.3204

Abstract

Coronavirus Disease (Covid-19). In 2020, a new type of coronavirus (SARS-CoV-2) was spread, called a disease called Coronavirus disease 2019 (COVID-19). This virus was discovered in Wuhan, China for the first time and has infected 90,308 people as of March 2, 2020. The number of deaths reached 3,087 people or 6%, the number of patients recovering 45,726 people. This type of single positive RNA strain infects the human respiratory tract and is sensitive to heat and can effectively be activated by chlorinecontaining disinfectants. The source of the host is thought to come from animals, especially bats, and other vectors such as bamboo rats, camels and ferrets. Common symptoms include fever, cough and difficulty breathing. Clinical syndrome is divided into uncomplicated, mild pneumonia and severe pneumonia. Specimen examination is taken from the throat swab (nasopharynx and oropharynx) and lower airway (sputum, bronchial rinse, endotracheal aspirate). Isolation was carried out on patients proven to be infected with Covid-19 to prevent wider spread. Keywords: Coronavirus; Covid-19; Pneumonia; Wuhan.
KAJIAN YURIDIS PENGELOLAAN DANA DESA DI DESA BUNGKO LOR KECAMATAN KAPETAKAN KABUPATEN CIREBON Carkim Carkim; Abdul Wahid; Rohadi Rohadi; Siti Alisah
Jurnal De Jure Muhammadiyah Cirebon Vol 5 No 1 (2021): De Jure Muhammadiyah Cirebon (DJMC)
Publisher : Fakultas Hukum Universitas Muhammadiyah Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32534/djmc.v5i1.3205

Abstract

Ideally, the allocation of village funds is sought so that its management can be efficient and effective in the directions for which the funds are given. So the allocation of the Village Fund is a manifestation of the fulfillment of the village's right to carry out its autonomy, to realize the growth and development of Bungko Lor Village, Kapetakan District, Cirebon Regency, and to obtain financing in the form of a budget to carry out authority and at the same time support the implementation of good development. The purpose of this study is to determine the management of village funds and the obstacles in managing village funds in Bungko Lor Village, Kapetakan District, Cirebon Regency. The results of this study are as follows: 1. The management of Bungko Lor village funds, Kapetakan District, Cirebon Regency is to see the priority of using village funds to finance the implementation of programs and activities in the field of Village Development and Village Community Empowerment. The technical mechanism for managing village funds refers to the Cirebon Regent Regulation Number 25 of 2015 concerning Village Financial Management, starting from the stages of planning, implementation, reporting and accountability. 2. The management of village funds in Bungko Lor Village, Kapetakan District, Cirebon Regency has obstacles in implementation, namely a) Human resources that are not yet reliable and incompetent in managing village finances; b) low self-reliance of village communities; c) Direct community supervision by the community in managing village funds in Bungko Lor village has not yet occurred; d) community participation is very weak, sometimes it is carried out only unilaterally; e) Community understanding there are still many people who do not understand and do not know the use of village funds. Keywords: Juridical Study, Management, Village Fund.

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