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Supremasi Hukum
Published by Universitas Islam Syekh Yusuf Tangerang
ISSN : 02165740     EISSN : 27455653     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
SUPREMASI HUKUM JURNAL ILMU HUKUM Jurnal Ilmu Hukum Fakultas Hukum Universitas Islam Syekh Yusuf Tangerang berisi pembahasan masalah-masalah hukum yang ditulis dalam bahasa Indonesia maupun asing. Tulisan yang dimuat berupa analisis, hasil penelitian dan pembahasan kepustakaan. ISSN 0216-5740, E ISSN 2745-5653
Arjuna Subject : Ilmu Sosial - Hukum
Articles 131 Documents
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KAJIAN YURIDIS KERUGIAN KEUNGAN NEGARA AKIBAT KORUPSI DAN KORELASINYA DENGAN HAK WARGA NEGARA Anderson Umbu Yawang; Fransiskus Saverius Nurdin; Ernalinda Ndakularak
SUPREMASI HUKUM Vol 19 No 01 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i1.3296

Abstract

The practice of criminal acts of corruption in Indonesia is getting more and more apprehensive day by day. This thesis is supported by data 2019 to 2021 released by ICW that corruption practices have increased significantly, causing state financial losses reaching up to IDR 51.928 trillion. The problem of this study is how the correlation of state financial losses due to the practice of criminal acts of corruption by corruptors with the fulfillment of citizens' rights as constitusional rigts but not human rights. This research is a doctrinal legal research with a statutory and conceptual approach. This study concludes that there is an absolute correlation between state financial losses and the non-fulfillment of citizen rights such as work and a decent living. Keywords: Corruption; State Financial Losses; the Citizen’s Right.
PENGUATAN EKSISTENSI MASYARAKAT HUKUM ADAT DITENGAH ARUS GLOBALISASI PASCA ERA INDUSTRI 4.0 Nizam Zakka Arrizal; Samuel Dharma Putra Nainggolan; Mamay Komariah; Hezron Sabar Rotua Tinambunan; Jamalum Sinambela
SUPREMASI HUKUM Vol 19 No 01 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i1.3303

Abstract

Globalization brings us to a new order of life, because globalization is a process that takes place in people's lives with various kinds of progress and the rapid rise of capitalism. Of course legal products also develop in the era of globalization. The purpose of this study is to determine the development of madat law in the current era of globalization by using normative juridical methods. The results of this study indicate that the national cultural identity and customary rights of indigenous peoples are respected and protected as long as they do not contradict the principles of state law. Keywords: Globalization, Customary People, Customary Law, Industry 4.0
TRADISI TUJUH BULANAN DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT ( Studi Kasus Di Desa Pohsangit Lor Kecamatan Wonomerto Kabupaten Probolinggo ) Samsul Hadi; Moh. Lubsi Tuqo Romadhan; Imanudin Abil Fida
SUPREMASI HUKUM Vol 19 No 01 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i1.3324

Abstract

The research conducted by the author is to find out the law of carrying out the Seven Monthly Bathing Tradition according to the views of Islamic law and customary law in Pohsangit Lor Village, Wonomerto District, Probolinggo Regency. This type of field research is the type of research that the author does accompanied by the use of descriptive qualitative research methods with a Phenomenological approach. Because this research leads to the form of phenomena that exist in society, the results of this research will be in the form of descriptive written or spoken words from living people and behavior available in various ways to interpret experiences through interactions with others. The results of the data obtained by the author are sourced from books, articles, journals and from the results of interviews that the author has conducted including with local community leaders, one of the elders in the village, traditional birth attendants and local residents. The results of the study state that the implementation of the Seven Monthly Bathing Tradition does not contain elements of shirk in it because the ceremony carried out today has occurred religious acculturation so that it contains many values of benefit for people who carry it out. Therefore, some scholars made a fatwa that the tradition is permissible, meaning that it is permissible if the community wants to carry it out but there is no obligation in it. Meanwhile, according to customary law, the implementation of the Seven Monthly Bathing Tradition has a mandatory nature in it because it is to maintain the preservation of customs and also pamali according to one of the elders there if they leave the tradition. Keywords: Seven Monthly Bathing Tradition, Islamic Law, Customary Law.
LEGAL DEVELOPMENT POLICY DIRECTION IN THE PERSPECTIVE OF SOCIAL JUSTICE Fatkhul Muin
SUPREMASI HUKUM Vol 19 No 01 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i1.3328

Abstract

This study focuses on legal development in various aspects of the life of the nation and state. The main dimension in legal development has a negative correlation and a positive correlation for the people. The perspective of authoritarian legal characteristics in legal development will encourage legal development that can damage the order of substantial justice in various aspects of people's lives, so that the law that is built must be based on the urgency of the interests of the community to achieve the ideals of the Indonesian nation as stated in the preamble of the 1945 Constitution of the Republic of Indonesia. The constitutional instrument clearly lays out the main fundamental values in aspects of the life of the nation and state, but in the process of implementing the constitution requires derivative norms that can provide further policy direction for the implementation of the constitution. From this perspective, the dimensions of the rule of law in legal development are illustrated with the aim of creating substantive social justice, not based on the interests of certain parties by placing variable interests in legal development for the welfare of society. This study aims to explore the perspective of legal development to achieve social justice with a legal approach. Keywords: Policy, Legal Development and Social Justice
IMPACT OF INDONESIA GOVERMENT POLICY IN PP NO. 27 OF 2021 CONCERNING THE IMPLEMENTATION OF THE MARINE AND FISHERIES SECTOR Aceng Asnawi Rohani; Mohamad Fasyehhudin; Belardo Prasetya Mega Jaya
SUPREMASI HUKUM Vol 19 No 01 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i1.3344

Abstract

Government Regulation Number 27 of 2021 concerning the implementation of fisheries and marine affairs is one of the results of discussions to realize a national strategic plan for Indonesia in fisheries and marine affairs. However, in its implementation, it turns out that there are pros and cons in the community. The objective of this research is to analyze the impact of the enactment of Government Regulation Number 27 of 2021 concerning the implementation of the Marine Affairs and Fisheries Sector in realizing the national strategic plan in the marine and fisheries sector by comparing two sides between the government and the community. The results of this research indicate that there are differences of opinion from the Government side which states that Government Regulation Number 27 of 2021 concerning the Implementation of the Fisheries and Marine Affairs has a positive impact on marine and fisheries aspects in Indonesia. Nevertheless, from the community side, it states that there is a negative impact for the benefit and welfare of the people on environmental sustainability. Keywords: Fisheries and Marine; Indonesia Government Policy; National Strategic Plan; Polivy impact.
TINJAUAN YURIDIS TERHADAP FAKTOR DAN DAMPAK PERCERAIAN DI PENGADILAN ( ANALISIS KASUS DI PENGADILAN AGAMA SUBANG Imam Rahmaddani
SUPREMASI HUKUM Vol 19 No 01 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i1.3349

Abstract

Divorce is the best option if every choice and effort has been made to remove the barriers and resolve all these issues but to no avail. Divorce is no longer seen as a taboo lifestyle choice because it is seen as an instant solution to all household problems. In society, divorce is a common thing. The research method used is the data source in the form of primary data in the form of laws and regulations to analyze cases. Meanwhile, secondary data are journals, books, and so on. File documents in the form of the number of cases that were entered at the Subang Religious Court. The purpose of this study is to determine the number of cases, the impact of divorce and the factors that cause divorce. The results of the research are the highest level of divorce cases in the form of contested divorces and talak divorces in the Subang Religious Court. The factors causing divorce to increase in the Subang Religious Court are economic problems, constant fighting, and there is no longer harmony in the household. Keywords: Divorce; Religious courts; Factor; and Impact.
JURIDICAL REVIEW OF THE WINNING OF THE EMPTY BOXES IN REGIONAL HEAD ELECTIONS Muhammad Rizqi Fadhlillah; Yusmedi Yusuf; Ratna Indayatun; Hasan Hamid Safri
SUPREMASI HUKUM Vol 19 No 01 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i1.3356

Abstract

Elections for Regional Heads or commonly known as “Pilkada” are carried out directly by residents of the local administrative area who meet the requirements. The election of regional heads is carried out in a package together with the deputy regional heads. The regional heads and deputy regional heads in question include the governor and deputy governor for the province, the mayor and the deputy mayor for the city, and the regent and deputy regent for the district. Regarding the elections, By law, winning the empty box is allowed based on Article 54 D (2) of Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2014 concerning Election of Governors, Regents , and the Mayor becomes Law. However, the next question is that the official appointed by the government based on the winner of the empty box represents legal interests. This has not been regulated by the government, so it is necessary to revise the latest Law to find out about it. Keywords: Election, Regional Head, Empty Box
TINJAUAN YURIDIS TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA TERHADAP PELAJAR Putri Hafidati
SUPREMASI HUKUM Vol 19 No 01 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i1.3361

Abstract

The phenomenon of the rise of narcotics in society has become common knowledge that narcotics distribution is still continuing its efforts to pressure law enforcement to take the drug problem more seriously. The development of drug abuse must be suppressed in addition to endangering children and adolescents and adults, but also the nation's generation. This is what should be a concern since the enactment of the law on narcotics. In addition to economic factors, the tendency of women to work in the drug industry is social because it shows that they are part of modern society and can overcome the hustle and bustle. The type of narcotic used, the personality of the user, and the situation or condition of the user all play an important role in the effect that drug abuse has on a person. A person's physical, psychological, and social aspects are usually affected by drug addiction. The majority of drug users are teenagers or young people. It is closely related to the intense curiosity of teenagers. Keywords: Abuse; Drugs; Legislation.
DAMPAK DAN PERLINDUNGAN HUKUM AKIBAT TERJADINYA PENGGABUNGAN PERUSAHAAN (MERGER) TERHADAP KARYAWAN Aris Munandar; Rani Apriani
SUPREMASI HUKUM Vol 19 No 02 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i02.2956

Abstract

Companies usually decide to merge with the aim of increasing the variety of business fields, funds, the level of efficiency of company management, to liquidity. Although a merger can bring many advantages, it also has some negative effects that can occur. Especially for the parties in the company. One of them is the employee. The problems that will be studied by the author in this study are: 1). What is the impact of the merger on employees; 2). How is the legal protection due to the merger of companies (merger) for employees. This research is a normative juridical research. The results of this study conclude that the impact of the merger for employees is that layoffs can occur which are very detrimental. Therefore, legal protection must be given to employees to ensure justice for them. Keywords: Merger; Impact and Legal Protection; Employee.
UUD 1945 Sebagai Konstitusi Normatif (Pembatasan Masa Jabatan Presiden dan Wakil Presiden) Leonard Umbu Saingu Ferdinandus
SUPREMASI HUKUM Vol 19 No 02 (2023): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v19i02.3256

Abstract

This paper will identify (or diagnose) the problem of extending the term of office of the president and vice president in the normative constitutional concept. To overcome this problem, this article argues that we need to be a nation that is more obedient to the constitution, which restrictively stipulates that the President and Vice President only hold office for five years and can be re-elected for one more term. Based on these provisions, it should be noted that the constitution of the Constitution is a normative constitution which then gave birth to teachings or ideas of limited power in casu restrictions on the powers of the president and/or vice president. Keywords: Constitutionalism, Term of Office.

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