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Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 27985598     EISSN : 27982130     DOI : http://dx.doi.org/10.51825/sjp
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum also known as Sultan Jurisprudence is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025" : 7 Documents clear
Legal Consequences of the Honorary Council's Decision on Ethical Violations by Constitutional Judges Arifin, Anas -; Firmanto, Taufik
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v5i1.28092

Abstract

This research aims: firstly to examine the position and authority of the Honorary Council, and secondly to examine the binding force and legal consequences of the Honorary Council's decisions. The method used is a normative legal research method with several approaches including: analytical approach, philosophical approach, statutory approach, conceptual approach and historical approach. The position of the Honorary Council is as a device established by the Constitutional Court to maintain and uphold the honor, nobility, dignity and Code of Ethics and Behavior of Constitutional Judges with authority, maintain the dignity and honor of the Constitutional Court, examine and decide on alleged violations of the Code of Ethics and Behavior of Constitutional Judges. can be done within a maximum period of 30 (thirty) working days from the time the report is recorded in e-BRLTP, and if the specified time is still in the process of being examined, it can be extended by another 15 (fifteen) working days. The decision of the Honorary Council has binding force for Constitutional Judges and the Constitutional Court. The legal consequences of the decision of the Honorary Council of the Constitutional Court are in the form of sanctions against judges who violate ethics, namely verbal warnings, written warnings, or dishonorable dismissal.
The Dynamics of Elections and Regional Election Regulations: The Urgency of Codification in Indonesia's Democratic System Fathurokhman, Ferry; Karsa, Pipih Ludia; Gunawan, Muhammad Safaat; Rayhan, Ahmad
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v5i1.32414

Abstract

This paper examines the urgency of codifying the Election Law and Regional Election Law into one integrated regulation in the Indonesian legal system. Currently, the implementation of the General Election and Regional Election are still regulated separately through Law No. 7 of 2017 and Law No. 10 of 2016, which has given rise to a number of problems, such as the lack of synchronization of implementation times, overlapping authority, and differences in implementation standards. This lack of integration also has the potential to hamper the efficiency and stability of the central and regional governments, especially ahead of the implementation of the national simultaneous Regional Election in 2024. Through a normative approach and analysis of the Constitutional Court's decisions, especially the Constitutional Court Decisions No. 55/PUU-XVII/2019 and Constitutional Court Decisions No. 85/PUU-XX/2022, this paper shows that the Regional Election should be considered as part of the Election regime. Codification of the two regulations is important to simplify the electoral system, ensure legal certainty, and strengthen the principle of people's sovereignty in the 1945 Constitution of the Republic of Indonesia. The results of this study recommend that the integration of electoral regulations through codification is a strategic step in supporting effective, efficient, and inclusive democracy in Indonesia.
The Urgency of Policy-Making Through Village Regulations about Waste Management in Purwosuman Village Qoiri, Mutmainah Nur
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v5i1.32593

Abstract

This research analyzes the urgency of village-level waste management policies in Purwosuman Village, Sragen. The practices of dumping waste into rivers, landfilling and burning waste pose risks to the environment and human health. Notwithstanding the profound implications of these behaviours, they have not been perceived as deviations by the perpetrators or the surrounding community. The objective of this research is to examine the significance of establishing Village Regulations pertaining to waste management, with a particular emphasis on the underlying causes of the practices of burning waste and dumping waste into the river. The research method employed is a normative-empirical and socio-legal approach through a sociological case study in Purwosuman Village and the potential for regulation through village legal products. The findings indicated that Purwosuman Village is lacking in infrastructure, including waste banks, waste disposal sites (TPS), subscription waste transportation services, and even Village Regulations, which serve as a legal foundation for waste management. In conclusion, it is imperative that village-based regulations are established as a legal framework, in addition to community education efforts and the implementation of related infrastructure development.
Aircraft Manufacturers Liability under the 1999 Montreal Convention (Case Study of Class Action against Boeing Company) Fauzi, Valesca Vella Valdema; Danial, Danial; Sitamala, Afandi
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v5i1.31694

Abstract

The Lion Air JT-610 plane crash on October 29 2018 killed all passengers and caused significant losses, both material and immaterial. This tragedy raises questions about the legal responsibility of Boeing, the aircraft manufacturer, particularly from an international law perspective. This study aims to analyze the possibility of Boeing's liability under the 1999 Montreal Convention, which serves as the primary instrument in regulating the liability of air carriers toward passengers and cargo. This study employs a normative legal method with a descriptive-analytical approach, using legal liability theory and justice theory as the basis for analysis. The results of the study show that the 1999 Montreal Convention only regulates liability between airlines (air carriers) and passengers, not between passengers and third parties such as aircraft manufacturers. In this context, Lion Air is responsible for providing initial compensation of 113,100 Special Drawing Rights (SDR) to the heirs of each passenger. However, under Article 37 of the Convention, Lion Air may seek liability from third parties, including Boeing, if it is proven that there were manufacturing defects or negligence contributing to the accident. Thus, although Boeing does not have direct liability toward passengers, indirect liability may arise through recourse by the airline. This opens an international legal avenue against manufacturers in cases of aviation accidents
Tax Basis for Transfer of Land Rights: Antinomy between Civil Law and State Administrative Law Muchtar, Andhyka; Prihartono, Agus; Sri Agustina, Rani
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v5i1.31930

Abstract

This study aims to understand the concept of taxation of transfer of land and building rights that is more legally certain. Understanding the concept of legal certainty requires seeing the Antinomy between the transaction value of the transfer of rights that has a civil law dimension and the transaction value based on the fair value of the land that has a State Administrative Law dimension. This study uses the doctrinal method or normative research, using the Statute Approach and the conceptual approach (conceptual Approch). The results of this study show that in order to ensure the legal certainty of taxation of transfer of land rights by understanding the theory of antinomy provides enlightenment that the land value for taxation should be determined based on the fair value of the land that can be accessed as public information. This concept will eliminate tax avoidance from taxpayers and avoid illegal levies from the Tax Office so that legal certainty can be created for the collection of taxation of transfer of land rights.
The Integration of Sharia Law and Traditional Beliefs: Case Study of Bonokeling Indigenous Community Falah, Nabilah
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v5i1.35310

Abstract

This research investigates the unique synthesis of Islamic and Javanese spiritual traditions within the Bonokeling customary community in Central Java. Addressing the urgent need to understand cultural preservation in a modern context, this study employs a descriptive-analytical and sociological-legal approach to examine the dynamic integration of this belief system with Islamic family law. The findings reveal a novel process where these value systems co-exist and mutually influence each other, particularly in matters of marriage and inheritance. This adaptation enables the Bonokeling community to preserve its customary values while adhering to Islamic teachings. This research makes a significant contribution to the fields of sociology and law by providing a compelling example of cultural adaptation and legal pluralism in practice.
Rethinking Indonesia's Welfare State: A Legal Comparative Study of the Constitutional Court's Decision 64/PUU-XVIII/2020 with South Korea Practice Suryawan, Dhian Fajar
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v5i1.35157

Abstract

The founding fathers of Indonesia established a constitutional mandate for a welfare state, requiring the government to control and manage vital resources for the people’s collective prosperity. This principle, codified in Article 33 of the 1945 Constitution, is increasingly relevant amid ongoing debates about economic justice and resource management. The Constitutional Court's decision in Case No. 64/PUU-XVIII/2020 ruled that recent amendments to the Mineral and Coal Mining Law deviate from this constitutional vision, sparking a critical legal and political discussion. This research provides a timely analysis of this landmark decision, highlighting its significant implications for the future of Indonesia’s welfare state. Our contribution is an urgent call for policymakers and legal scholars to re-evaluate the foundational principles guiding national economic policy.

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