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INDONESIA
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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PROSEDUR HUKUM PEMBIMBINGAN KLIEN PEMASYARAKATAN Muchamad Arif Agung Nugroho; Solihah .
SUPREMASI HUKUM Vol 17 No 02 (2021): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v17i2.1254

Abstract

This research makes the general public understand about the legal procedures of mentoring for clients. The problem in this research is what is the legal procedure of mentoring for clients? This research focuses on the legal procedures, so it has advantages over previous research that focus more on the system. This research uses a qualitative approach and focuses on the type of normative legal research. The types of data are statutory regulations, legal books, scientific journals, and the results of interviews and observations. Data collection techniques are documentation, observation, and interviews. In the results and discussion, there is no detailed of the legal procedures of mentoring for clients but there is a Standard Operational Procedure. In the conclution, there are 3 stages of mentoring for clients, namely (a) Initial Stage; (b) Advanced Stage; and (c) Final Stage. Key Words: Monitoring; Clients, Penitentiary
ANALISIS YURIDIS TERHADAP KEDUDUKAN KECERDASAN BUATAN ATAU ARTIFICIAL INTELLIGENCE SEBAGAI SUBJEK HUKUM PADA HUKUM POSITIF INDONESIA Febri Jaya; Wilton Goh
SUPREMASI HUKUM Vol 17 No 02 (2021): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v17i2.1287

Abstract

Indonesia need policies and regulations which can adapt with current technological development especially Artificial Intelligence. The more sophisticated, Artificial Intelligence capability and continuously development over time, Artificial Intelligence cannot be acknowlegde as a legal object but Artificial Intelligence can be acknowledge as a legal subject, so the big challenge for government is prepare policies and regulations for Artificial Intelligence which will become a part of social life on Indonesia Positivisme Law for achieve people’s welfare and prosperity in the development of the state from suggestion, consideration and knowledge which can be conveyed to law enforcers especially on Artificial Intelligence. This research uses normative law juridical research methods. The legal position of Artificial Intelligence can be applied to the special laws of Artificial Intelligence as a legal subject, which is same as corporation. In order to have clearer legal certainty regarding the responsibility for legal acts commited by Artificial Intelligence, the identity of Artificial Intelligence can be made of an authentic deed.
KAITAN TEORI-TEORI KONSPIRASI DENGAN PENYEBARAN HOAKS DAN PEMIDANAAN BAGI PEMBUAT DAN PENYEBARNYA Dippo Alam
SUPREMASI HUKUM Vol 17 No 02 (2021): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v17i2.1299

Abstract

Many conspiracy theories and hoaxes circulate on social media and internet sites. The problems that the author exposes are the definition of conspiracy theories and hoaxes, recognizing the media for their dissemination and the various dangers caused, the connection between conspiracy theories and hoaxes, motives, and obstacles in implementing prevention, resistance and the conviction. This article is written as a source for the public to know the dangers of conspiracy theories and hoaxes and their prevention. The research method used is qualitative research. Conspiracy theories are a type of hoax, but hoaxes do not have to develop into conspiracy theories. The main motive is economic motive. People needs to improve digital literacy. Law enforcers shall be more active in investigating the conspiracy theorists.Keywords: Conspiracy Theory, Hoax, Hoax Sentence
MEMAKNAI HUKUMAN MATI BAGI KORUPTOR BERDASARKAN FILSAFAT HUKUM Diya Ul Akmal; Syafrijal Mughni Madda
SUPREMASI HUKUM Vol 17 No 02 (2021): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v17i2.1326

Abstract

The existence of the death penalty for corruptors in Prevailing Laws is part of efforts to eradicate corruption. Corruption is considered to have become entrenched so that extraordinary efforts are needed to deal with it. The firmness of sanctions is expected to give fear to everyone when they want to commit corruption. There are differences of opinion regarding the provision of the death penalty. To minimize these differences, a philosophical study is needed to understand them. This study uses a normative juridical method with a statutory approach. The data used is secondary data obtained through literature study. The Constitution has explicitly regulated human rights and their limitations. These restrictions are carried out when someone violates the rights of another person. Corruption is a systematic act that harms the wider community. So that the death penalty for corruptors is a form of providing justice to the community. Law enforcement officers must have the courage to apply the death penalty but must be adjusted to the provisions contained in the Legislation.
PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA DALAM HUBUNGAN INDUSTRIAL DI KOTA TANGERANG Yusmedi Yusuf; Annie Myranika
SUPREMASI HUKUM Vol 17 No 02 (2021): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v17i2.1354

Abstract

Employment developments in Indonesia, influenced by the Industrial Relations between Government and Employers. Industrial relations are needed in the protection of workers in each company. Employment law in legislation, contracts, and cooperative agreements are continuing to experience the dynamics change in industrial relations. Employment issues in Indonesia often arise in industrial relations disputes in particular the case of termination of employment (FLE) unilaterally by the company. Industrial disputes due to layoffs, require the law enforcement aspect through the regulation of Law No.13 of 2003 on Manpower, and Law No.2 of 2004 on Industrial Relations Dispute Settlement. In its implementation, these laws and regulations have not reached the disputing parties, so that problem solving often results in disputes between workers and employers, and the government. This research method use a normative juridical. Primary data and csecondary data were analyzed qualitatively. The bipartite layoff settlement between the company and the workers, in its implementation, has met with many failures in the bargaining process. Department of Labor has attempted to implement Law No.13 of 2003 and Law No.2 of 2004 on Mayor Regulation No.64 of 2016 as an implementation of the mediation settlement. However, the data in the field shows the implementation has not been effective, because industrial dispute settlement case takes approximately 6 months (180 days), exceeds the provisions in Law No.2 of 2004.Keywords: Labor; Industrial Relation; Dispute
INDIKASI PREDATORY PRICING PADA PRAKTEK FLASH SALE PELAKU USAHA E-COMMERCE DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA Fitri Fitri; Sri Jaya Lesmana
SUPREMASI HUKUM Vol 17 No 02 (2021): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v17i2.1365

Abstract

The ease of business transactions offered by e-commerce services makes many companies compete with each other to offer attractive promos to consumers or the public so that they are interested in making transactions on their e-commerce services, one of the promos offered is by providing discounts or discounts in certain time or better known as flash sale. However, in practice, flash sales are often accompanied by very large discounts on a product, even reaching the price of Rp. 99, - (ninety nine rupiah). The price offered is very different from the market price that should be, this gives an indication of predatory pricing or selling at a loss carried out by e-commerce business actors. The problem that will be raised by the author is how the flash sale method is carried out by e-commerce business actors and how is predatory pricing law enforcement based on Law Number 5 of 1999 concerning Monopolistic Practices and Unfair Business Competition. The flash sale practice carried out by e-commerce business actors does not violate the provisions of Article 20 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition if the price offered is below the production price with the aim of expelling business competitors in the market the same time, and in the future raise prices as much as possible in order to cover losses and gain profits where the price increase causes losses for consumers. Keywords: Flash Sale; Predatory Pricing; Business Competition.
MENGUKUR IMUNITAS PEJABAT PELAKSANA PERPPU COVID-19 DENGAN ASAS EQUALITY BEFORE THE LAW Agung Barok Pratama
SUPREMASI HUKUM Vol 17 No 02 (2021): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v17i2.1406

Abstract

The immunity of officials implementing Perppu 1/2020 is in the public spotlight because it is not following “the principles of the rule of law and” injures the sense of justice in society because there are exceptions to legal “action. The principle of equality before the law” becomes a fundamental basis in viewing the position and position of every citizen. Therefore, it is necessary to measure the extent of impunity in the enforcement process for alleged violations of the law and its implications for the principle of Equality Before The Law. Based on the focus of the study, “the method used in this research is normative legal research and the statutory approach” is the basis for this writing. The paper concludes that Perppu 1/2020 does not necessarily provide absolute immunity to the implementing officials of the Perppu, but is limited (conditional) and the legal process is still carried out so as not to “violate the principles of the rule of law. Keywords : Immunity, Official, Perppu
TINJAUAN HUKUM TERHADAP KEBIJAKAN PENANGGULANGAN (COUNTERMEASURE POLICIES) PANDEMI CORONOVIRUS DISEASE 2019 (COVID-19) PADA SEKTOR KETENAGAKERJAAN (KARTU PRAKERJA DAN DUKUNGAN VOKASI MELALUI SUPER TAX DEDUCTION) Bagaskoro Arif Prabowo
SUPREMASI HUKUM Vol 17 No 02 (2021): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v17i02.1408

Abstract

Employment problems derived from COVID-19 pandemic urge every nation to enact countermeasure policy. Government of Indonesia through promulgating and/or enacting Presidential Regulation Number 76 of 2020, Government Regulation Number 45 of 2019, Minister of Finance Regulation Number 153/PMK.010/2020, and Minister of Finance Regulation Number 128/PMK.010/2019 formulates countermeasure policies for pandemic’s impact on employment, which are pre-employment card and vocational support through Super Tax Deduction. However, it must be tested for its relevance in the enactment process. This study conducted in normative legal research which based on study of documents and used various legal sources of information. The results show that the regulations are relevant for its role as countermeasure policies to overcome pandemic’s impact on employment and are interconnected with higher disaster management and recovery regulations. Keywords: countermeasure policy; COVID-19 pandemic; employment.
TANGGUNG JAWAB NEGARA TERHADAP KEGAGALAN PERLINDUNGAN TERHADAP PEJABAT DIPLOMATIK ( STUDI KASUS PENEMBAKAN DUTA BESAR ITALIA UNTUK RD KONGO) Elisabeth Septin Puspoayu; Afrizal Razqi; Ghina Maulida
SUPREMASI HUKUM Vol 17 No 02 (2021): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v17i02.1495

Abstract

The protection for diplomatic officials serving in the receiving country has been regulated in the 1961 Vienna Convention in all situations, the protection for diplomatic officials cannot be reduced. The shooting incident of the Italian Ambassador to the Democratic Republic of Congo while on duty in the territory of this country raises the obligation of accountability by the receiving country to the sending country. The rules for the protection of diplomatic officials and the inviolability of diplomatic officials according to diplomatic law, are under articles 29-30 and 41 of the Vienna Convention and Articles 33-36 of the 1961 Vienna Convention on Diplomatic Relations. protection includes the building, home, and self of the diplomatic officer on duty. Republic Democratic Congo as the recipient country must conduct an investigation and satisfaction with Italy. Keyword: diplomatic law; inviolability; and state responsibility.
ASPEK HUKUM PENDIRIAN DAN PENGESAHAN BADAN USAHA NON BADAN HUKUM Raendhi Rahmadi
SUPREMASI HUKUM Vol 17 No 02 (2021): Supremasi Hukum
Publisher : Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/jsh.v17i02.1538

Abstract

Errors in the establishment of a business entity create fatal legal problems in the future related to the existence and business entity that has been established, this is due to a lack of understanding of the correct application of legality for an established entity, so to anticipate this problem it is necessary to explain the stages major must go through. To explain it, this paper is compiled using descriptive-analytical methods with a normative juridical approach using empirical data. So that from this paper it is hoped that it can answer important things regarding, how to create the entity of organization in national law, especially for a business entity. When is a business entity establishment born and considered to have a legal existence in the Indonesian national legal system. Keywords: existence; establishment; business entity.

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