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<![CDATA[Pengaturan dan Kedudukan Debitur Wanprestasi dalam Proses Eksekusi Penjualan Objek Hak Tanggungan Milik Pihak Ketiga Secara di Bawah Tangan ]]>
<![CDATA[Kasiani, Kasiani]]>;
<![CDATA[Susetiyo, Weppy]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i1.2865
<![CDATA[Credit agreements utilizing Mortgage Rights provide preferential treatment to creditors. In case of debtor default, creditors can liquidate the mortgaged land to settle the debt. The Indonesian Mortgage Law (UUHT) only allows for extrajudicial foreclosure with consent from the grantor and the mortgagee. However, the regulation concerning third-party foreclosure and the debtor's position in this process under UUHT remains ambiguous. This research employs a normative approach, utilizing statutory and conceptual methods. Findings reveal that UUHT does not specifically regulate third-party foreclosure sales. Debtors act solely as recipients of debt repayment rights, yet they hold influence in determining the foreclosure process. Consequently, creditors lose the ability to independently sell the property and recover payments, thus diminishing creditor preference.]]>
<![CDATA[Konsep Disruptive Marketing dalam Menanggulangi Praktik Jual Rugi oleh Perusahaan Penyedia Jasa Transportasi Online ]]>
<![CDATA[Anggraini, Ayusiva]]>;
<![CDATA[Priyo Amboro, F. Yudhi]]>;
<![CDATA[Hotmaulana Hutauruk, Rafinus]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i1.2956
<![CDATA[The rapid development of app-based online transportation in Indonesia addresses the public's need for application-based transportation modes. However, intense competition among app-based transportation providers has led to the emergence of predatory pricing strategies. To investigate these practices and their implications for the relevant market and disruptive market from a legal perspective, a normative legal research was conducted. The results reveal regulatory ambiguities concerning promotional pricing concepts in online transportation companies, which have led to predatory pricing practices violating Article 20 of Law Number 5 of 1999. This discrepancy reflects legal frameworks lagging behind technological advancements, contrary to the concept of living law. Considering this, the urgent application of disruptive marketing by app-based transportation providers is essential to foster innovation without infringing upon the principles and laws of fair competition.]]>
<![CDATA[Masalah Batas Usia Calon Presiden dan Calon Wakil Presiden: Studi Open Legal Policy dalam Putusan MK No. 90 90/PUU-XXI/2023 ]]>
<![CDATA[Hardianto, Hanif]]>;
<![CDATA[Krida Sakti, Sri Wahyu]]>;
<![CDATA[Meliza, Meliza]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i1.3313
<![CDATA[Judicial review of Article 169 letter (q) of Law No. 7/2017 on General Elections resulted in 2 different decisions, namely the decision was rejected and the decision was granted. Case Number 90/PUU-XXI/2023 is a decision that was granted by the Constitutional Court. As a result of the granting of the judicial review, it caused uproar in the community, as well as the Article A quo is part of an open legal policy. The purpose of this research is to find out the Constitutional Court Decision Number 90/PUU-XXI/2023 on the testing of articles that are open legal policy by comparing previous Constitutional Court decisions. The research method used is normative juridical research. The result of the research is that judicial review cases with laws that are open legal policies are not the domain of the Constitutional Court to decide to grant, because the open legal policy is the domain of the legislature and the executive. The Court has indeed independence in deciding cases, but the Court also has the independence not to do something about the case. The Constitutional Court as the guardian and interpretator of constitutions must be actually implemented by the Constitutional Court Judges not only as a designation but different implementation.]]>
<![CDATA[Legal Protection Concerning Children Facing Economic Exploitation in Batam City ]]>
<![CDATA[Tan, Winsherly]]>;
<![CDATA[Tan, David]]>;
<![CDATA[Rahmadani, Aini]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i2.3336
<![CDATA[The arbitrary economic exploitation of children by parents and other interested parties requires immediate attention. Batam City, located in the Riau Archipelago, is known for its innovation and low crime rates, primarily due to its focus on foreign relations. However, despite these positive aspects, the economic exploitation of children remains a significant issue, with economic factors playing a crucial role. This study aims to investigate the legal protection of children as victims of economic exploitation in Batam City using an empirical legal research method. This approach involves analyzing and examining the functioning of law within society, utilizing both primary and secondary data sources. The objective is to analyze legal protection for children as victims of economic exploitation from the perspectives of justice, utility, and legal certainty. The findings confirm that legal regulations concerning the protection of children from economic exploitation are clearly stipulated in the law. Various legal protection measures are available for children who fall victim to exploitation. However, enhancing parental awareness is essential to ensure consistent attention to the rights and obligations owed to their children.]]>
<![CDATA[Politik Hukum Pengaturan Kampanye Berbasis Keadilan dalam Pemilihan Umum di Indonesia ]]>
<![CDATA[Amin, Fakhry]]>;
<![CDATA[Ester Hayatulah, Getah]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i1.3394
<![CDATA[General elections in Indonesia as a pillar of democracy, view political campaigns as the main means of introducing candidates and political parties. However, campaigns must be based on the principles of justice and fair law to maintain the integrity of democracy. Major challenges arise in maintaining campaign fairness, especially regarding campaign fund transparency. This research uses normative legal methods by analyzing legal norms related to campaigns in general elections. The results show that laws and regulations, such as Law No. 7/2017 on General Elections and KPU Regulation No. 23/2018, aim to maintain fairness in political campaigns, although there are still implementation barriers, such as unequal access to resources, lack of transparency in campaign fund arrangements, and uneven media access. The issue of spreading false information or hoaxes is also a concern in political campaigns.]]>
<![CDATA[Urgensi Perlindungan Hukum terhadap Konsumen Lembaga Pinjaman Online Ilegal di Era Revolusi 4.0 ]]>
<![CDATA[Rahmad, Tedi Sutadi]]>;
<![CDATA[Situmeang, Ampuan]]>;
<![CDATA[Girsang, Junimart]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i1.3399
<![CDATA[Online lending institution is a product of the 4.0 revolution. Its emergence has had many positive impacts on the economy, but on the other hand it has also raised several problems including misuse of personal data, intimidating collecting, and other problems caused by unlicensed or illegal online lending institutions. This study aims to identify the urgency of legal protection for consumers of illegal online lending institution.The method used in this study is normative juridical method by examining library materials or secondary data. The results showed that there are substance problems in legal protection for consumers of illegal online loan institutions in the era of revolution 4.0 which has implications for the ineffectiveness of existing regulations. Therefore, it is urgent to form new regulations that are able to regulate specifically, firmly, and thoroughly so as to create responsive laws, in order to create comfort and security for consumers of online lending institutions in Indonesia.]]>
<![CDATA[Efektivitas E-Court dalam Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama Surakarta ]]>
<![CDATA[Ryan Alan Firnanda]]>;
<![CDATA[Nur Rosidah, Zaidah]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i1.3400
<![CDATA[E-Court as an electronic justice system formed based on Supreme Court Regulation Number 3 of 2018 (PERMA 3/2018) jo PERMA 1 of 2019, regulates e-filling (registration), e-payment (payment), e-summons (summons), and e-litigation (trial). The application of digitalization breakthroughs and innovations to the justice system in Indonesia is urgent to know its effectiveness, especially in the aspect of sharia economic dispute resolution, considering Indonesia as the largest Muslim country in the world. Through empirical legal research at the Surakarta Religious Court, it is known that the implementation of e-court in sharia economic dispute resolution at the Surakarta Religious Court has not been optimally accepted by the litigants, and still has many obstacles that must be corrected.]]>
<![CDATA[Pengaturan Akad Mukhabarah bil Mudharabah dalam Kerja Sama Pertanian Tebu di Indonesia Perspektif Epistemologi ]]>
<![CDATA[Susanti, Dyah Ochtorina]]>;
<![CDATA[Putri, Auliya Safira]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i1.3417
<![CDATA[The mukhabarah bil mudharabah contract originates from a combination of two contracts, namely the mukhabarah contract and the mudharabah contract which are combined into one in the sugar cane farming partnership model. The formation of this contract is a new thing that is used as an effort to increase national sugar production by forming fair cooperation based on sharia contracts, however, the concept related to mukhabarah bil mudharabah contracts has not been concretely accommodated in statutory regulations, so this research aims to examine the regulation of mukhabarah bil mudharabah contracts in sugar cane farming partnership based on an epistemogical perspective. The research method used is normative juridical with a statutory and conceptual approach. The theory used is stufenbau theory. The results of this research indicate that at the meta-norm and grundnorm level there is already a legal basis for regulation regarding mukhabarah bil mudharabah contracts. The legal basis for regulating these contracts is also found at the level of Staatsfundamentalnorm norms and the level of Staatsgrundgezets norms, namely in the basic state regulations contained in Article 29 paragraph (2) of the 1945 Constitution, but at the next level there are only regulations regarding mudharabah contracts, while the mukhabarah contract has not been specifically regulated in the statutory regulations or other regulations below it.]]>
<![CDATA[Implikasi Putusan World Trade Organization terhadap Larangan Ekspor Nikel Indonesia oleh Uni Eropa ]]>
<![CDATA[Jason, Ferdinand]]>;
<![CDATA[S Shahrullah, Rina]]>;
<![CDATA[Syarief, Elza]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 1 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i1.3528
<![CDATA[Indonesia as a member of the World Trade Organization (WTO) is bound by the General Agreement on Tariffs and Trade (GATT) and WTO regulations. In an effort to increase domestic raw material processing, Indonesia implemented an export ban on nickel ore and other minerals. However, this action sparked protests from the European Union, leading to a lawsuit filed with the WTO. This article analyzes the WTO decision in the context of international trade principles, examining its legal applicability in Indonesia and its impact on other types of minerals. The research method used is a normative legal approach or doctrinal research. The final decision of the WTO dispute settlement panel declared that Indonesia's policy of export bans and mandatory processing of nickel minerals violated Article XI.1 of the GATT 1994. Nevertheless, Indonesia appealed the decision and remains committed to the nickel ore export ban to advance the economy and welfare of its people. Thus, this policy represents a bold step towards downstream the mining industry.]]>
<![CDATA[Implikasi Hukum Undang-Undang Cipta Kerja terhadap Perlindungan Hak Pekerja Pasca Pailit ]]>
<![CDATA[Ravi Dana, Arsis]]>;
<![CDATA[Iftitah, Anik]]>;
<![CDATA[Zainul Ichwan, Muhammad]]>;
<![CDATA[Taufan Perdana, Mukhammad]]>
<![CDATA[ Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Balitar ]]>
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DOI: 10.35457/supremasi.v14i2.3779
<![CDATA[The rapid development of the modern economic sector has intensified competition among companies, consequently increasing the risk of insolvency. This study focuses on the amendments to labor law provisions following the enactment of the Omnibus Law and their impact on the protection of workers' rights after a bankruptcy ruling. There is a gap in understanding the effects of these regulatory changes on workers' rights, particularly in the context of termination of employment due to insolvency. The objective of this research is to analyze the impact of these legal changes on the protection of workers' rights. The methodology used is normative legal research with a legislative approach. The findings indicate significant changes in workers' rights regarding termination due to insolvency. The implications of the Omnibus Law reveal diverse impacts on workers' rights, both positive and negative. This study emphasizes the need for a deeper understanding and adjustments to new regulations to protect workers' rights in Indonesia. The results of this research are expected to provide insights and recommendations for policymakers and legal practitioners in addressing the challenges arising from changes in labor regulations.]]>
