Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
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.
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<![CDATA[Constitutional Concept of the Village Chief Office Term Extension and It's Legal Implications ]]>
<![CDATA[Pratiwi, Fita Dwi]]>;
<![CDATA[Wardana, Dodi Jaya]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22532
<![CDATA[The demonstration at the DKI Jakarta DPR Building demanding an extension of the village chief's term of office has reaped many pros and cons in the community. The reason is because the position of village chief for 6 (six) years is considered too fast. In fact, regulations and laws relating to villages were born in response to the large influence of village heads during the New Order era. One of these regulations is to limit the term of office. The aim of this research is to find out and analyze whether the extension of the village chief's term of office is in accordance with the constitutional system, the principles of the rule of law and democracy in Indonesia. The method used is a normative juridical approach, based on descriptive analysis based on historical cases and regulations. This approach is intended because in the historically, there is a theory that can reduce authority by using law to extend the term of office of the village chief. In fact, regulations, legislative regulations have actually been designed with provisions regarding the maximum survival limit for village chiefs. However, in reality, this clause is often violated. This is made worse by the fact that it is the village chief who appoints each individual within the village framework, not the community. With these demands, it is the community who should determine whether the demands given need to be resolved or not. In this research the author concludes that extending the term of office of village chiefs is contrary to the constitutional system, the principles of the rule of law and democracy in Indonesia because the ideals of law and the constitution require limitations on power to avoid abuse of authority by state officials. If this request is granted, democracy in Indonesia will decline. ]]>
<![CDATA[Airspace Delegation: Preserving Indonesia Territorial Sovereignty through Flight Information Regions Realignment ]]>
<![CDATA[Sitamala, Afandi]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22932
<![CDATA["He who commands the skies commands all." General Giulio Douhet's renowned 1921 quote resonates even a century later. On January 25, 2022, Indonesia and Singapore settled longstanding bilateral issues, including aviation needs and safety. A crucial aspect was the realignment of their flight information regions (FIRs). This paper delves into the FIR concept, emphasizing the delicate balance between air safety and territorial sovereignty. The FIR agreement safeguards Indonesia's sovereignty while fostering collaboration with Singapore in airspace management. However, it has sparked debates on specific aspects, especially the limited delegation of airspace to Singapore. The intricacies of delegating airspace management have fueled discussions. Additionally, concerns have emerged about the FIR's impact on maritime security operations, given that reporting to the Singapore FIR allows monitoring of maritime security vessels.]]>
<![CDATA[Juridical Insight: Resolving Interim Village Head Election Disputes in Sumbawa Regency ]]>
<![CDATA[Dianto, Dianto]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22475
<![CDATA[The election of village heads is a form of popular sovereignty. However, the village head election process cannot be separated from disputes, so a dispute resolution scheme is needed that provides justice. This research is normative research with a conceptual approach, statutory approach and case approach. The case that is the focus of this research is the case of the interim village head election in Labangka Satu Village, Labangka District, Sumbawa Regency, where in the village head election process the village head election supervisory committee was not appointed as the institution that resolves village head election disputes. In the absence of a supervisory committee for Village head elections, parties who object to the results of the Village head election report to the Regent, but regulations at the regional level do not regulate the Regent's authority to resolve disputes over Village head elections. The results of this research are (1) Settlement of interim village election disputes in Sumbawa Regency is the same as the mechanism for resolving village election disputes simultaneously through a supervisory committee but is not regulated in regional regulations or other regulations regarding the Regent's obligation to resolve village election disputes as mandated in article 37 paragraph (6) of the Law. number 6 of 2014 concerning Villages. (2) The legal consequences if the Regent appoints an elected village head without first resolving the dispute is that the regent's decision is null and void because resolving the dispute is an obligation which is an absolute requirement in the village head election process. The conclusion of this research shows that legally there is no regulated scheme for resolving disputes over interim village elections so that the legal consequences if the Regent appoints an elected village head without first resolving the village election dispute is that the Sumbawa Regent's decision is null and void. This research suggests (1) the Regional Government of Sumbawa Regency needs to regulate the obligations of the Regent to resolve village head election disputes, (2) the Regent of Sumbawa can form a special team to resolve village election disputes to carry out its obligations to resolve village election disputes.]]>
<![CDATA[Front Matter Vol. 3 No. 2 Desember 2023 ]]>
<![CDATA[matter, front]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.23394
<![CDATA[Court System Transformation; Maximizing Electronic Courts through the Implementation of Swift, Simple, and Cost Effective Principles ]]>
<![CDATA[Sujatmiko, Bagus]]>;
<![CDATA[Rato, Dominikus]]>;
<![CDATA[Anggono, Bayu Dwi]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22214
<![CDATA[Nowadays the world has often labeled as the 4.0 era, humans can reach almost everything at the snap of a finger. The development of information technology has penetrated all lines of life, including the law enforcement. The judiciary system as the main forum for the law enforcement process is also have to adapt, if not to do so, the judiciary system may be deemed as a failed system. The enactment of Supreme Court Regulation Number 1 of 2009 became the sign of electronic litigation era in Indonesia. However, long before that the Supreme Court has already improved the judiciary system electronically, because “judiciary system” not only means the litigation process but other process includes the case administration. Writer in this paper will discuss on what are the improvements that Supreme Court have made on judiciary system and further to analyze normatively on whether such improvement may support the fulfillment of judiciary principle especially the principle of fast, simple and low-cost proceeding, or otherwise whether such improvement only bring other problems into the existing system.]]>
<![CDATA[Optimizing Land Use Laws: A Comprehensive Revision of Law No. 56 of 1960 on Agricultural Land Area ]]>
<![CDATA[Ayuni, Qurrata]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22487
<![CDATA[This article discusses the expansion of Law No. 56/1960 on the Determination of Agricultural Land Area, which requires evaluation and reform. The focus is on four key regulations in the law that relate to minimum and maximum limits on agricultural land, the prohibition of agricultural land division, and agricultural pledging. This article aims to present the urgency and relevance of a strong legal political effort in formulating agricultural legislation that is more in line with current conditions and provides better protection to farmers. In order to find the urgency and relevance, this paper uses a juridical-normative methodology that emphasizes the study of literature and regulations regarding agricultural land and agrarian reform. Based on the results of the research conducted, the idea of drafting a new law using the omnibus law method is necessary to integrate various aspects of agricultural legislation into one comprehensive legal framework that guarantees the human rights and constitutional protection of citizens. ]]>
<![CDATA[Back Matter Vol. 3 No. 2 Desember 2023 ]]>
<![CDATA[matter, back]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.23395
<![CDATA[Securing the Innocence: Safeguarding Children from Sexual Violence in School Environment ]]>
<![CDATA[Pulungan, Nita Nilan Sry Rezki]]>;
<![CDATA[Tarigan, Vita Cita Emia]]>;
<![CDATA[Nugraha, Dinda Adistya]]>;
<![CDATA[Ghuffran, Mohammad]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22209
<![CDATA[This article aims to protect children from sexually violent crimes in schools. Educational institutions should be a place that brings a sense of comfort and safety after the family environment, but in reality, immoral crimes still occur in the school environment. The violation of children's decency is not only a matter of education but also of a country's national laws, that is why Indonesia is a country of law, therefore the protection of law and preventing sexual violence against children in schools is vital. important in protecting children's rights. The research we conducted was legal research with a qualitative method using descriptive analysis. Collect data from interviews and observations on issues researched in the field. This study concluded that saying things related to sex in the school environment has the effect of making school a dangerous place for students. Provisions regarding criminal acts for perpetrators of disclosing sexual arrangements in existing regulations in Indonesia may be able to minimize cases that occur.]]>
<![CDATA[Exploring Legal Dimensions: The Role of Generation Z and Millennials in Online Lending through the Lens of Islamic Law ]]>
<![CDATA[Uyun, Linatul]]>;
<![CDATA[Luthfia, Chaula]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22331
<![CDATA[Peer to peer lending or known as Information Technology-Based Money Lending and Borrowing Services is an electronic system financial service that is connected to the internet. Online loans are in great demand because of the ease of transactions, this is what encourages many generation Z and millennial generations as active users of online loans. The sensation of the Fear of Missing Out (FOMO) phenomenon is one that causes social media sites to guide the Millennial lifestyle. Crimes arising from the rise of online loans include the illegal dissemination of data by online loan service providers who deliberately disseminate without consent. The rise of illegal fintech that causes financial losses to individuals and the public who use it. The purpose of this researcher is to see this online loan phenomenon from the perspective of Islamic Law, the universal and dynamic nature that exists in Islamic law answers all problems in human life and the impact caused by online loans. The type of research method used is library research, with a juridical normative approach, which is an approach based on legal norms and the concept of syarî'ah and the rules contained in fiqh and ushul fiqh. The result of this study is that debt receivables through legal technology intermediaries are permissible in Islam. As long as it meets the requirements of the pillars of debt receivables or Qiradh and holds the principles of tawhid and adl. Online loans are not in accordance with Islamic law when Muqridh violates many Qiradh principles such as unclear qirodh shighot, lack of transparency and additional or fines that are not explained in the contract. For Gen Z and Millennials to avoid a consumptive lifestyle, it is necessary to strengthen faith, have gratitude, Qana'ah or an attitude of acceptance and enough. ]]>
<![CDATA[Sweet Poison: Syrup Drugs and the Imperative of Consumer Protection against Acute Renal Failure ]]>
<![CDATA[Suwandono, Agus]]>;
<![CDATA[Yuanitasari, Deviana]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22126
<![CDATA[Efforts to handle cases of acute kidney failure in children still cause problems related to the accountability of pharmaceutical business actors and legal protection for consumers and the community. This research uses a normative juridical approach with descriptive and analytical specifications. BPOM has instructed the recall of all syrup medications from circulation that contain EG and DEG, totaling around 73 syrup medications from 5 pharmaceutical industries. The purpose of writing this article is to formulate the responsibility of those involved in the circulation of children's syrup medications that cause acute kidney disorders from a consumer protection perspective and to formulate legal protection for consumers regarding the circulation of children's syrup medications from a consumer protection perspective. The results showed that pharmaceutical business actors in the consumer protection perspective could be held criminally, civilly, and administratively held accountable simultaneously. Legal protection for consumers can be prevented by adequate supervision, especially regarding drugs circulating in the community. As for repressively withdrawing the circulation of syrup drugs containing Ethylene Glycol and Diethylene Glycol that exceed the safe threshold and carrying out law enforcement against pharmaceutical business actors who violate the provisions of laws and regulations. The government should be proactive and facilitate consumers who are victims of acute kidney failure to obtain their rights as consumers.]]>
