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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 13 Documents
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Search results for , issue "Vol. 3 No. 2 Desember 2023" : 13 Documents clear
Bridging Legal Frontiers: Analyzing Interfaith Marriages between Indonesia and Thailand - An In-Depth Study of Marriage Laws Maylinda, Prisca Dwi; Biantiputri, Resha; Utami, Safira Maharani Putri; Apriliyatiningsih, Wulan; Simanjuntak, Cintya Hertiana; Ramadhani, Dwi Aryanti
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v3i2.22457

Abstract

Interfaith marriages by Indonesian citizens are currently commonplace even though there are legal and religious regulations that prohibit this act. There are many ways that several parties are still trying to implement and legalize interfaith marriages. Like the case of the interfaith marriage of artist Vidi Aldiano's brother, who got married at the Thai immigration office while maintaining their respective religions. Therefore, this research aims to discuss and analyze: (1) Perspectives of Indonesian Marriage Law and Thai Family Law regarding Interfaith Marriages and (2) Comparison of Registration of Interfaith Marriages in Indonesia and Thailand. This research is normative juridical research with a statutory approach, a comparative approach and a conceptual approach. The research results show that in Indonesia, interfaith marriages held abroad are the authority of the judge to decide whether the marriage is in conflict with the law or not. Meanwhile in Thailand, there are no specific regulations regarding Thai citizens who will enter into marriages abroad with people of different religions. Apart from that, it is necessary to update the Indonesian Marriage Law which specifically regulates the provisions for interfaith marriages as well as adding provisions for interfaith marriages held outside Indonesia as well as harmonizing the Administering Law with the Marriage Law in order to produce laws that do not overlap. In this case, the role of the Indonesian Ulema Council together with the Ministry of Religion is needed optimally to resolve the still confusing issue regarding the legality of registering interfaith marriages, both those held abroad and within the country.
Legal and Social Impact of the Community on the Suspension of Waqf Land Executions: A Study of Balung Tombs Rizqia, Inki; Usman, Suparman; Dwisvimiar, Inge
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v3i2.21721

Abstract

The Cilegon Religious Court suspended the enforcement of the Supreme Court's decision number 185 K/Ag/2020, which has permanent legal force (res judicata/inkracht van gewijsde). This proves that it is difficult for the public to obtain justice due to the lengthy legal process. This study aims to determine the legal and social impact of the community on the suspension of execution and to explain the community's efforts to obtain rights to the waqf land of the Balung tomb. This type of research uses normative-empirical law through a case study approach. Sources of data used were primary data and secondary data with data collection techniques from interviews and literature studies, which were analysed qualitatively. The findings of the research show that: (1) The legal and social impact of the community on the suspension of enforcement to the waqf land of the Balung tomb , because in the cassation decision number 185 K/Ag/2020, stated the waqf pledge deed number W2/238/02/Year 2013, which became the basis for managing the land for the Balung tombs and making certificates (land books) was declared no longer valid, so there was no guarantee of certainty regarding the status of the Balung tomb as land replacement land for tombs waqf owned by the community. On the other hand, there is a social impact on the community in terms of material and immaterial losses. (2) The community's efforts to obtain land rights to replace the community's waqf graves have been made through the judiciary, government, and waqf related agencies in cilegon city, but no resolution has been reached. the respondent of the execution remains in control of all the objects of execution.
Governance Unveiled: Jeremy Bentham's Legal Philosophy in Government Policies through the Bantuan Langsung Tunai (BLT) Program for Village Funds Noorsanti, Inggal Ayu; Yudhanti, Ristina
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v3i2.22435

Abstract

Jeremy Bentham's theory of utility, one of objectives of the law is to provide the maximum benefit to the community. The flow has the principle that humans will take actions to get happines and reduce suffering Benefit Theory can be used as a reference in every policy issued by the Government. Policies must truly provide benefits to the public and not cause harm to society. One of the Indonesian government's policies is Direct Village Fund Cash Assistance to minimize the impact of Coronavirus Disease 2019 (Covid-19) on village communities, then these benefits can be used as a tool to rebuild the welfare of village communities in the economic sector. To solve this problem, the author uses analytical descriptive methods. The results of this research is to indicate that the relevance of the benefit theory initiated by Jeremy Bentham to the Indonesian government's policy of Village Cash Direct Assitance is that if the benefit theory is applied to the policy, it will provide happiness and benefits for the community which will ultimately lead to development. welfare of life, especially village communities who are the target group for the Village Cash Direct Assitance program.

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