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[Indonesian Trias Politica Analysis: A Study of Constitutional Court Decision Number 90/PUU-XII/2023 concerning the Age Limit for Presidential and Vice Presidential Candidates ]]>
<![CDATA[Fernando, Fikri Gali]]>;
<![CDATA[Ardiyansyah, Yuda Nur]]>;
<![CDATA[Kurnia, Tria Nindy]]>;
<![CDATA[Wulandari, Tiara Wahyu Meyda]]>;
<![CDATA[Wangsa, Maulana Adi]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i1.24585
<![CDATA[This study aims to analyze the Constitutional Court Decision Number 90/PUU-XII/2023 using an analytical tool, namely the concept in Trias Politica. This research uses a normative type (doctrinal) with a (Case approach). The data in this study used primary and secondary data, including national legislation and other relevant literature. Implementation of the Indonesian Trias Politica concept is different from the pure Montesquiue trias politica. This is because of the examinative power occupied by (BPK). The DPR is referred to as a positive legislator. Therefore, the Constitutional Court is referred to as a negative legislator. Thus, the Constitutional Court Decision No. 90/PUU-XII/2023 which adds a phrase to Judicial Review in Article 169 letter q of Law No. 7 of 2017 concerning Elections, normatively contradicts the authority of the DPR as a positive legislator listed in Article 20 paragraph (1) of the 1945 Constitution. Based on Trias Politica's analysis, Constitutional Court Decision No. 90/PUU-XII/2023 concerning Decisions 29/PUU-XXI/2023, 51/PUU-XXI/2023, and 55/PUU-XXI/2023, the Court thinks that regarding the age in article 169 letter (q) of Law No. 7 of 2017, it is the authority to form laws and to amend them. This is certainly contrary to the principle of open legal policy where this principle is oriented toward the DPR as a positive legislature or as a framer of laws and to change it. This is certainly contrary to the principle of open legal policy where this principle is oriented towards the DPR as a positive legislature or as a framer of laws contained in Article 20 paragraph (1) of the 1945 Constitution and Article 173 letter (b) of the MD3 Law which states that the authority and duties of the DPR are carried out by discussing, drafting, and disseminating bills.]]>
<![CDATA[Implementation of Restorative Justice in Discontinuing Prosecution of Assault Criminal Acts (A Case Study at the Public Prosecutor's Office of Garut) ]]>
<![CDATA[Ramadhan, Noval]]>;
<![CDATA[Huda, Uu Nurul]]>;
<![CDATA[Kurniawan, Wawan]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i1.24826
<![CDATA[The resolution of criminal offenses through restorative justice at the Public Prosecutor's Office of Garut is examined to what extent its implementation is carried out at the Public Prosecutor's Office of Garut. Restorative justice is applied outside the court to settle cases of assault while considering fairness to all parties involved. This study aims to explore how restorative justice is implemented in handling cases of assault at the Public Prosecutor's Office of Garut, as well as the factors influencing its implementation and efforts made to overcome them. The research method used is empirical jurisprudence, which analyzes how the law operates in society. The research findings indicate that the Public Prosecutor's Office of Garut has made efforts to settle cases of assault through restorative justice in accordance with applicable provisions. Supporting factors include the willingness of perpetrators and victims to reconcile, while inhibiting factors include societal views that criminal cases should result in imprisonment. To overcome these obstacles, socialization about restorative justice is conducted to help the community better understand its concepts.]]>
<![CDATA[Understanding the Legal Implications of Regulatory Transfers: A Post-Decision Analysis of MK No. 27/PUU-IX/2011 under the Omnibus Law Framework ]]>
<![CDATA[Mariza, Siska]]>;
<![CDATA[Santoso, Imam Budi]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i1.24735
<![CDATA[The revocation of Articles 64 and 65 of the Labour Law and the amendment of Article 66 of the Labour Law concerning the provisions limiting outsourcing or outsourcing in the UUCK have also caused conflict among workers. This conflict stems, among other things, from the perception that outsourcing in the Ciptaker Law is exploitative and marginalises the human side of workers because it expands the scope of outsourcing. The purpose of this study is to examine the problem of outsourcing provisions in the Ciptaker Law that give companies the flexibility to use subcontracted labour, which in this case can trigger the occurrence of modern slavery, thus threatening the security and vulnerability of permanent job creation. security and rights. This review is based on laws and various regulations regarding the legality and form of outsourcing. In this research the normative jurisprudence method is used in conjunction with normative jurisprudence. The results of the research show that the abolition and modification of the UUCK subcontracting regulations have caused many conflicts that are detrimental to workers/employees. The disadvantages received by outsourced workers include that outsourced workers do not have a clear career path and do not have the right to become permanent employees. They receive lower salaries, do not have the right to receive benefits, do not have the same protection as permanent employees and do not have the right to receive the same benefits as permanent employees.]]>
<![CDATA[Termination of Employment of PT. Lotte Mart Indonesia ]]>
<![CDATA[Sunandar, Sunandar]]>;
<![CDATA[Tahir, Palmawati]]>;
<![CDATA[Arifinal, Mochamad]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i1.22035
<![CDATA[The purpose of this study is to analyze the decision of the panel of judges in deciding Case Number 69/Pdt.Sus-PHI/2020/PN Jkt.Ps based on the Labor Law and find legal protection efforts and rights obtained by workers at PT. Lotte Mart Indonesia against Unilateral Layoffs. This study uses normative legal research methods with statutory and conceptual approaches supported by primary and secondary legal materials and uses qualitative analysis techniques in order to be able to see the problems that occur in the field. The results of this study indicate that the case of PT. Lotte Mart Indonesia is one of the cases of unilateral layoffs that violate the provisions of the Labor Law. The absence of clear sanctions in the law provides an opportunity for companies to unilaterally lay off their employees. For workers who are dismissed unilaterally, they are required to obtain legal protection regulated in the Manpower Law as the President's commitment to improving quality in the economic sector. Companies that carry out layoffs unilaterally also need to receive appropriate sanctions as a result of violating the law and not fulfilling the rights of citizens guaranteed by the constitution.]]>
<![CDATA[Hilirization Obligations for Mining Companies with Contract of Works Status In Indonesian Positive Law ]]>
<![CDATA[Sudaryat, Sudaryat]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i1.24955
<![CDATA[The Indonesian government requires mineral and coal mining companies to reduce exports of raw minerals, in fact some raw minerals (ore) are prohibited from being exported abroad, such as nickel and several more minerals will follow. Mining companies are required to process and purify raw minerals domestically (downstreaming) so that these minerals have better added value than before. The fact is that some mining companies operating in Indonesia have work contract status, some have IUP status and some have IUPK status. Currently there are several companies with work contract status that have become IUPK. The Mineral and Coal Law has also undergone several replacements and changes and the results of a study show that the Indonesian Government is inconsistent in its policy on downstreaming metallic minerals. The work contract was signed before Law No. 4 of 2009 came into effect. There is doubt about the implementation of downstreaming for metal mineral mining companies with work contract status. The aim of the research is to examine the downstream obligations for metal mineral mining companies with work contract status in the substance of the work contract both before being amended and those which have been amended and to find out the downstream obligations in the Mineral and Coal Law which has undergone several changes for metal mineral mining companies with status. work contracts that have not yet been converted into IUPK. The research method used is normative juridical with a descriptive analysis research approach. This research is a literature study of primary legal materials, secondary legal materials and tertiary legal materials. The data collected was analyzed using qualitative juridical methods. The research results show that in the substance of the work contract before the amendment and after it was amended after the enactment of Law No. 4 of 2009 concerning Minerals and Coal, it turns out that there is an obligation in the work contract for the company holding the work contract to carry out downstreaming, including the downstreaming mechanism. Then, if we analyze the mineral and coal law, namely from Articles 102, 103 and 104 of Law No. 3 of 2020, there is no express downstream obligation for metal mineral mining companies with work contract status, but there is an express downstream obligation for metal mineral mining companies with contract status but it was listed in Article 170 of Law No. 4 of 2009 and implied in Article 170A of Law No. 3 of 2020. The time limit for downstream implementation for companies holding work contracts starts from the time the company holding the work contract starts production. The downstream obligation itself will be optimal if it is in line with the policy of banning raw mineral exports.]]>
<![CDATA[Validity of Surrendering Cessies Without Debtor Notification in Sharia Banking Bankruptcy Cases ]]>
<![CDATA[Farhansyah, Adam]]>;
<![CDATA[Agustina, Rani Sri]]>;
<![CDATA[Efriyanto, Efriyanto]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i1.24343
<![CDATA[Bankruptcy refers to circumstances where a debtor or company can not fulfill its obligation reimbursement commitments to creditors through the Liquidation Regulation and PKPU guidelines. Cessie, specifically the appointment of claim rights from the initial claimant (cedent) to the new biller (cessionary). When there is a transfer of debt collection rights (cessie) without giving notification to the debtor who is the party requested for bankruptcy during the PKPU procedure because it is still in a civil and criminal dispute, it becomes the focus of this research. Focal Jakarta Commercial Court Choice Number: 25/Pdt.Sus-Pailit/2020/PN.Niaga.Jkt.Pst. got to be the question of this inquiry about, with the purpose in breaking down the authenticity of the cessie which was carried out without giving notice to the indebted person as the party respondent in insolvency within the insolvency case. Normative legal research is an exploratory method applied in this research. The agreement in the cessie deed between the cedent and the cessie does not bind the cessus even without notice so that if the parties do not notify the cessus, the cessie confirmed in the authentic deed only has legal force binding on the parties which is considered the same as a deed under the hand, so that even without notification to the cessus, the cessie remains valid.]]>
<![CDATA[The Legality of Provoked Abortion Due to Rape: A Human Rights Perspective ]]>
<![CDATA[Tan, Winsherly]]>;
<![CDATA[Fitri, Winda]]>;
<![CDATA[Putri, Shelvia Agustini]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i1.22849
<![CDATA[The issue of abortion is currently still an actual discussion, both done in accordance with applicable regulations and done illegally, for example, women who are victims of rape. The purpose of this study is to explain the discussion of Abortus Provocatus as a result of acts of rape based on human rights. Based on Law Number 17 of 2003 concerning Health and Law Number 39 of 1999 concerning Human Rights and the writing of this research article using normative research methods, using library materials as data to analyse the problems discussed in the preparation of this research article. Exceptions to abortion Article 60 paragraph (2) point c which provides relief for abortion for women who are victims of rape. This is also in line with Law No. 39/1999 on Human Rights abortion is only done to protect the life of the mother and child. The existence of regulations that legalise abortion is solely to fulfil the rights and freedom of the mother from psychological and social burdens and freedom in her life as a living being that has human rights]]>
<![CDATA[The Role of Universities in Protecting Intellectual Property of SMEs ]]>
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Udu, Jericho]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i1.22536
<![CDATA[This research aims to analyze the legal certainty in the protection of intellectual property for Small and Medium-sized Enterprises (SMEs) and to explore the role of higher education institutions in enhancing the effectiveness of intellectual property protection for SMEs. The absence of prior research specifically examining the relationship between these two aspects underscores the novelty of this research within the context of normative law. The research methodology employed is the normative legal research method, relying on the analysis of secondary data involving legal interpretation. The research findings indicate that the intellectual property regulations in Indonesia have provided a fundamental legal certainty for SME actors in their efforts to safeguard creativity and innovation. Higher education institutions, through community engagement activities, play a role in shaping a stronger 'legal culture' to enhance the effectiveness of intellectual property protection for SMEs. Higher education institutions can assist in improving the understanding of SME actors regarding the importance of registration and intellectual property protection.]]>
<![CDATA[The Effective Role of BPSK in Resolving Consumer Disputes in Accordance with UUPK: Legal and Theoretical Perspectives ]]>
<![CDATA[Udjan, Bernadeth Gisela Lema]]>;
<![CDATA[Hermawan, Ariyanto]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i1.24488
<![CDATA[The Supreme Court of the Republic of Indonesia (MARI) canceled the decision issued by BPSK, this shows that the legal regulation regarding BPSK, especially the Consumer Protection Law (UUPK) is not firm in providing a rule in resolving consumer disputes. The research aims to critically analyze the role of BPSK in resolving consumer disputes in terms of the theory of legislation based on the UUPK. The type of research conducted in this study is juridical-normative by examining library materials or secondary data. In order to analyze the research to be conducted and answer the formulation of the problem, the author takes a case approach that shows the incompatibility of the rules regarding BPSK. The results of this research show that there are discrepancies in UUPK in regulating BPSK. In the UUPK, it has been emphasized that BPSK's decision is final and binding so that no objection can be filed to the District Court. Not only that, BPSK is seen as a quasi-court institution, which means that BPSK's position is equal to that of a general court. This can be seen from the duties and authorities that have been regulated in the legislation. The results of this research are expected to serve as a reference or guideline as well as to contribute to the government on the UUPK in affirming a legislation to resolve consumer disputes through BPSK so that the role of BPSK becomes more important.]]>
