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154 Documents
<![CDATA[Pemahaman Auditor dalam Audit Konstruksi Jalan: Analisis Hukum Normatif ]]>
<![CDATA[Baren Sipayung]]>;
<![CDATA[Andi Wahyudi]]>;
<![CDATA[Doan H. Tambun]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i2.2376
<![CDATA[This research discusses the auditor's responsibility in understanding the examination criteria and assessment standards, especially in construction audits, as well as the importance of complying with the guidelines set by the Ministry of Public Works and Public Housing (PUPR) regarding road construction audits. The normative legal research reveals that the PUPR Ministry has issued Circular Letter Number: 02/SE/Db/2018 on the 2018 Bina Marga General Specifications for Road and Bridge Works, which was later revised with Circular Letter Number: 16.1/SE/Db/2019 in October 2020. Government contractors must comply with the rules issued by the government as a condition for the validity of the agreement, even though it is not in the form of legislation. In construction inspection by the Supreme Audit Agency (BPK), the main concern is on quantity testing of thickness, length, and width. Good communication with suppliers, supervisory consultants, and the government is very important in the measurement and payment methods of construction work to avoid overpayments that can harm the state or region due to volume deficiencies in physical inspection. The results of this study provide a foundation for auditors and the government to understand the importance of complying with applicable guidelines and rules in road construction audits.]]>
<![CDATA[Foreign Investment Policy in Renewable Energy Post Job Creation Law ]]>
<![CDATA[Aswin Pasaribu]]>;
<![CDATA[Paskalis Agung Purnomo]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i2.2428
<![CDATA[Legal certainty in foreign investment in renewable energy is a priority factor and the most relevant for investment. Considering this, the Job Creation Law was born to overcome the problem of overlap and over-regulation. Through a normative juridical approach that is descriptive in analysis, research has produced that the policy of foreign investment in the field of renewable energy after the Job Creation Law has undergone significant changes in terms of foreign investor requirements, types of business fields that are closed for investment, investor facilities, and simplification of investment provisions, as a strategy to facilitate the entry of foreign investment in order to improve the investment ecosystem in Indonesia.]]>
<![CDATA[Analisis Kritis Terhadap Penerapan Presidential Threshold dalam Pemilihan Umum 2024: Perspektif Hukum Normatif di Indonesia ]]>
<![CDATA[Alex Cahyono]]>;
<![CDATA[Anik Iftitah]]>;
<![CDATA[Ananda Rizki Hidayatullah]]>;
<![CDATA[Eko Yuliastuti]]>;
<![CDATA[Weppy Susetiyo]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i2.3041
<![CDATA[The minimum requirements for presidential and vice presidential nominations (presidential threshold) in Indonesia ahead of the 2024 General Election (Pemilu) continue to be a source of debate in the context of Constitutional Law. This debate arose due to factors such as allegations that the previous regime which won the election wanted to ensure its position as the determinant of presidential candidates in the next election. Through normative legal research methods, research was produced that this threshold was applied to the 2019 Election through Article 222 of Law Number 7 of 2017 concerning General Elections. This article stipulates that candidate pairs must be proposed by political parties or combinations of political parties participating in the election that succeeded in winning at least 20% of the total seats in the House of Representatives or 25% of the valid national votes in the previous election. This has the potential for the emergence of transactional politics in the formation of political party coalitions that are not based on shared ideology. Empirical facts and experience from the last election show that due to the presidential nomination threshold, the 2019 election produced the same two pairs of candidates as the 2014 election. This indicates that the implementation of the presidential threshold effectively eliminates competitors or potential challengers in the presidential and vice presidential elections, violating the general election principles of honesty and fairness. If this threshold remains, it is likely that the threshold for presidential and vice presidential candidacy will become even higher in the future, strengthening the dominance of transactional politics.]]>
<![CDATA[Keberatan Pidana Perihal Kepemilikan Narkotika ]]>
<![CDATA[Muhammad Djaelani]]>
<![CDATA[ Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v13i2.3054
<![CDATA[This research aims to provide a prescription regarding criminal objections regarding possession of narcotics. This research is normative research with a statutory approach and a case approach. Legal materials are laws, court decisions, and other official legal publications. The results of this research answer that legal advisors need efforts to build legal arguments based on 2 (two) things, namely existing facts and the application of the law. First, the existing facts attached to Rusdiadi must be tested again. Second, in the application of the law, there is a discrepancy in the application of Article 185 of the Criminal Procedure Code, the absence of Article 127 of the Narcotics Law, and a discrepancy in the application of Article 55 of the Criminal Code. Finally, reconstruction before taking legal action is very necessary for the defendant to examine the facts and the application of the law.]]>
<![CDATA[Pemberian Waris Melalui Wasiat Wajibah kepada Anak Angkat Berdasarkan Mazhab di Indonesia ]]>
<![CDATA[Hayati, Nayla]]>;
<![CDATA[Laksmi Anindita, Sri]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i1.2249
<![CDATA[This article discusses the granting of inheritance to adopted children through mandatory wills based on Islamic law and the distribution of inheritance to adopted children based on various madhhabs in Indonesia. Inheritance is a mandatory right for heirs according to applicable regulations, must meet certain conditions, and must be obtained lawfully. Adopted children can also receive inheritance from their adoptive parents through obligatory wills. However, the distribution of inheritance to adopted children differs. This research addresses two questions: how is inheritance provided to adopted children through obligatory wills according to Islamic law, and how the distribution of inheritance to adopted children in various madhhabs in Indonesia. The research method used is normative juridical with legal and conceptual approaches. The findings indicate that inheritance provision to adopted children through obligatory wills in Islamic law requires the consent of other heirs if it exceeds the predetermined portion, and the distribution of inheritance to adopted children in various madhhabs is not the same as legitimate heirs, namely not more than one-third of the adoptive parent's estate.]]>
<![CDATA[Penyelesaian Sengketa Perlindungan Data Pribadi Melalui Arbitrase di Era Society 5.0 ]]>
<![CDATA[Claudia, Zulian]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i2.2794
<![CDATA[The advancement of technology in the Society 5.0 era has led to the negative impact of personal data breaches, causing significant losses in the business sector due to the critical role of personal data. However, research on dispute resolution methods for personal data protection remains limited. This study aims to analyze the legal protection of consumer personal data and the methods of dispute resolution available in cases of personal data protection disputes. Using a normative legal research method, the study finds that the government has enacted the Personal Data Protection Law as a form of preventive and repressive protection. Additionally, the law provides the parties with the option to resolve disputes through arbitration. These findings demonstrate legal certainty in personal data protection in Indonesia, with implications for the business sector in utilizing more flexible dispute resolution mechanisms.]]>
<![CDATA[Penggunaan Click-Wrap Agreement Pada E-Commerce: Tinjauan Terhadap Keabsahannya Sebagai Bentuk Perjanjian Elektronik ]]>
<![CDATA[Martinelli, Imelda]]>;
<![CDATA[Hadi Wibowo, Satria]]>;
<![CDATA[Maheswari Andreas, Gertrud Felita]]>;
<![CDATA[Ocarina Fae, Majolica]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i1.2797
<![CDATA[The development of e-commerce business highlights the rapid use of Click-Wrap Agreements alongside advances in information technology. However, debates over the validity of Click-Wrap Agreements as electronic contracts often arise. This research adopts a normative approach using secondary data. Electronic contracts are recognized by Indonesian law, as stipulated in Article 18 paragraph (1) of the ITE Law. Consequently, when consumers agree to Click-Wrap Agreements by clicking the 'click' button, both parties are bound and must adhere to the terms of the agreement under the law. Therefore, the regulation regarding the validity of Click-Wrap Agreements and their implications on the rights and obligations of e-commerce users need attention within the existing regulatory framework.]]>
<![CDATA[A Model of Legal Protection for Justice Collaborators and Whistleblowers in Corruption Crimes ]]>
<![CDATA[Rahmat, Doni]]>;
<![CDATA[Hakim, Lukman]]>;
<![CDATA[Zulfikar Putra Prawiranegara, Muhammad]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i2.2800
<![CDATA[This article focuses on analyzing and developing the legal protection concept for justice collaborators and whistleblowers in corruption cases. The urgency of this research lies in the fact that protection for these key figures in crime disclosure remains insufficient. The study identifies legal gaps in the current regulations concerning their protection. Employing statutory, conceptual, and comparative legal approaches, the research reveals that the existing framework for justice collaborators and whistleblowers still faces legal challenges. The findings recommend a more comprehensive protection system, not only during legal proceedings but also after the sentencing. Rewards for their cooperation could include immunity from prosecution or lighter penalties, such as probationary sentencing. The implications of this study highlight the necessity for regulatory reform to enhance legal protection for both justice collaborators and whistleblowers.]]>
<![CDATA[Urgensi Transformative Justice dalam Penanganan Perkara Anak Sebagai Upaya Pembaharuan Hukum Indonesia ]]>
<![CDATA[Hakim, Lukman]]>;
<![CDATA[Endro Purwoleksono, Didik]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i2.2815
<![CDATA[This study examines the urgency of transformative justice in handling juvenile cases as part of legal reform in Indonesia. The research employs normative legal methods with statutory, conceptual, and case approaches. The importance of this research lies in identifying the need to expand the concept of restorative justice, which focuses solely on the offender and victim, towards transformative justice that also considers social, political, economic, and cultural aspects. The findings reveal that transformative justice offers a new alternative in the juvenile criminal justice system by not only focusing on the severity of the offense but also considering the personal circumstances of the child, including social status and family conditions. The implications of this concept show that transformative justice supports the more comprehensive development of children and serves as a more holistic approach to recovery in handling juvenile cases.]]>
<![CDATA[Menyoal Tanggung Jawab Negara dalam Kepailitan BUMN-Persero ]]>
<![CDATA[Windu Natalia, Siska]]>;
<![CDATA[Darmawan Hutag, Henry]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i2.2849
<![CDATA[This study focuses on analyzing the bankruptcy of state-owned enterprises (BUMN Persero), highlighting the limits of state liability in the bankruptcy petition of PT. Garuda Indonesia. This research is important as it explores the research gap regarding the relationship between separated state assets and state liability in BUMN bankruptcies. The objective is to thoroughly examine the boundaries of state responsibility in the context of BUMN bankruptcy, specifically in the case of PT. Garuda Indonesia. The methodology employed is normative legal research, with secondary data analysis from various relevant regulations, such as the State Finance Law, the BUMN Law, the Bankruptcy Law, and the Company Law. The key findings reveal that the transformation of state assets into BUMN assets severs the burden and liability of the state as a public legal entity, making PT. Garuda Indonesia's bankruptcy is a business loss rather than a fiscal risk or state loss. The implication is that the state is only liable to the extent of its shareholding.]]>
