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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 12 Documents
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Search results for , issue "Vol. 4 No. 2 Desember 2024" : 12 Documents clear
Consumer Legal Protection in E-Commerce Transactions: A Case Study of Grab Toko Platform. Wibowo, Elang; Retno Mumpuni, Niken Wahyuning
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.26104

Abstract

This research aims to analyze how technology has facilitated many activities in society, particularly in the economic sector through the use of the internet, and to explore the risks and legal protections for consumers in e-commerce transactions in Indonesia. The absence of previous research specifically examining the relationship between technology, e-commerce, and consumer protection underscores the novelty of this study in the context of normative law. The research method used is normative legal research, relying on secondary data analysis involving legal interpretation. The findings show that the internet supports increased revenue, cost savings, advertising, marketing, and customer service. However, e-commerce platforms such as Tokopedia and Grab Toko also pose risks of consumer rights violations. A case study of Grab Toko revealed fraud that harmed consumers due to undelivered orders. Consumer legal protection is regulated under Law Number 8 of 1999, which emphasizes the responsibility of businesses to provide clear and honest information and to resolve disputes fairly. This study examines the effectiveness of legal protection for e-commerce consumers, focusing on the Grab Toko case involving false information and fraud. The findings indicate that consumer rights violations still occur, and legal protections need to be strengthened to protect consumers from harm.
Strengthening Dewan Kehormatan Penyelenggara Pemilu RI Institutions in the Indonesian Constitutional System Akbar, Kurniawan; Suartini, Suartini; Suparji, Suparji
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.28704

Abstract

DKPP RI to align its secretariat with the KPU RI and Bawaslu RI. Through several stages, namely first stabilizing human resources or employees, at least stabilizing staffing needs. This research uses a normative juridical method that examines the law in its position as a norm (das sollen), a statutory approach and a conceptual approach. The results of this research improve the institution of DKPP RI so that its secretariat is on par with the KPU RI and Bawaslu RI. Through several stages, namely first stabilizing staffing needs. As well as fulfilling the budget allocation at least in accordance with the Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 67 of 2020 concerning the Strategic Plan of the Ministry of Home Affairs for 2020-2024. Furthermore, after there is stability in staffing and the budget, you can then propose to the DPR RI or the Government to revise the law on elections or make changes to the election law to strengthen the institution of the DKPP RI, namely inserting an article regarding the DKPP Secretariat General as a state civil servant with the position middle school seniors who are appointed and dismissed by the President on the recommendation of the DKPP.
Uncovering Ronald Tannur's Acquittal: Circumstantial Evidence as a Starting Point for Reforming Criminal Evidence System Ladro Kusworo, Daffa
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.28582

Abstract

The acquittal of Ronald Tannur sparked a polemic due to the dismissal of the combined charges filed by the Public Prosecutor. The judge's consideration that acquitted the defendant of all charges was based on the fact that when the incident took place there were no witnesses or CCTV footage proving that the defendant's actions resulted in the loss of the victim's life. Apart from violations of the code of ethics by judges, the Panel of Judges should be able to use circumstantial evidence as in Decision Number. 777/Pid.B/2016/Pn.Jkt.Pst Jessica Mirna case. Thus, based on this momentum, there is a need for the legality of circumstantial evidence as a reform of the criminal evidence system in Indonesia. This research method uses a doctrinal approach that refers to applicable laws and regulations and conceptual accompanied by literature studies in the form of books, journals, and other literature. The results showed that circumstancial evidence is nothing but evidence that assesses indirect evidence that does not stand alone, but is based on concrete legal facts and is linked to the sharpness of analysis and conscience of the Panel of Judges. However, the Criminal Procedure Code has never based the use of circumstantial evidence, so it should be a question of how judges can declare the existence of indirect evidence as something that is valid and can be commonly used when litigating. Based on the principle of legality, it is possible that the defendant Jessica could not be found guilty because the doctrine of such evidence has never been recognized in Indonesian legal institutions, especially in statutory regulations. Conversely, Ronald Tannur's acquittal could have been interpreted as in accordance with the corridors of the law because the use of the evidentiary system was in accordance with the technical procedural law. The judge may be said to have crossed the line of demarcation from what should be enshrined in the law because it contradicts Article 183 jo. 184 Paragraph (1) KUHAP because there were no direct witnesses who actually saw the murder committed
Legal Protection of Abortion Perpetrators Due to Rape Crime in the Renewal of Criminal Law in Indonesia Nabilla, Adinda; Rinwigati Waagstein, Patricia
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.28834

Abstract

This research aims to analyze the legal protection of abortion perpetrators as a result of criminal acts of rape in the context of criminal law reform in Indonesia. Rape crimes are increasingly receiving public attention, with a significant increase in both number and impact. On the other hand, abortion as a social phenomenon continues to raise complex issues in the fields of medicine, law and ethics. Legally, abortion is considered a criminal offense, but there are exceptions in certain cases, such as for rape victims. This research takes a normative approach by analyzing current legal provisions, such as Article 428 of the Health Law and Article 116 of the Government Regulation on Health, which stipulate that abortion can only be performed in medical emergencies or for rape victims. The research findings show that although Indonesian law provides room for abortion in cases of rape, existing procedures are still limited and need to be reformed to provide better legal protection for victims. The conclusion of this research is that further revision of Indonesian criminal law is needed to ensure clearer and more effective protection for rape victims who are forced to have abortions.
Legal Effectiveness of Neglect of the Elderly in Batam City: Challenges and Solutions ratama, Jovan P; Nurlaily, Nurlaily; Tan, Winsherly
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.28943

Abstract

Elderly neglect is a serious problem in Batam City triggered by rapid economic growth and changes in social life patterns. This research highlights the phenomenon of neglect of the elderly by families in the context of rapid economic growth and changing patterns of social life in Batam City. This research aims to explore and analyse how effective the law in Batam City is in protecting the elderly from family neglect; what is the phenomenon of neglect of the elderly by families in Batam City in the context of rapid economic growth and changing patterns of social life; and what solutions can be proposed to improve legal protection for marginalised elderly in Batam City. The research method used is qualitative research method, in this case the data obtained through face to face interviews with Orphanages and Hospitals in Batam City which will be reviewed through literature research and analysed juridically qualitatively. This research examines Law No. 13 of 1998 on the Welfare of the Elderly, Law No. 39 of 1999 on Human Rights, Law No. 23 of 2004 on the Elimination of Domestic Violence, Government Regulation No. 43 of 2004 on the Implementation of Efforts to Improve the Welfare of the Elderly and Regional Regulation of Batam City No. 4 of 2017 on the Implementation of Regional Health. The results show that the change from multigenerational families to nuclear families has reduced attention and care for the elderly, and law enforcement constraints, such as limited resources and the complexity of neglect cases, are serious challenges that need to be overcome.
Hand in Hand is it Possible? The Bilateral Agreement on Traditional Fishing Rights Between Indonesia and Malaysia in the Natuna Sea Anom, Surya; Sitamala, Afandi
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.29629

Abstract

Indonesia's 1983 bilateral agreement with Malaysia, ratified by Law Number 1 of 1983, addresses Malaysia's recognition of Indonesia's Archipelagic State regime in exchange for Indonesia's acknowledgment of Malaysia's traditional rights in territorial seas and archipelagic waters between East and West Malaysia. While this agreement establishes Indonesia's sovereignty, it has significant drawbacks, particularly for Indonesia's traditional fishermen. The provisions allow Malaysian fishermen to exploit Indonesia’s Natuna Sea, often exceeding agreed boundaries and using modern fishing methods, undermining Indonesia's legal and ecological interests. This research employs normative juridical methods to critically evaluate the agreement's implications on Indonesia’s maritime sovereignty and traditional fishing rights. The study concludes that despite the agreement's validity, its implementation faces challenges, including non-compliance with national laws. The research highlights the urgency of revisiting and renegotiating the agreement to protect Indonesia's maritime resources, uphold its legal regime, and secure equitable outcomes for local fishermen.
Political and Legal Dimension of the Implementation of the Tapera Program in the Protection of Private Workers' Rights: A Study in Urban Areas Iskandar, Iskandar; Lesmana Putra, Ryan Fachryan; Sudrajat, Shinta Azzahra
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.30481

Abstract

The People's Housing Savings Program (Tapera) is a solution for people's welfare provided by the government with the aim of helping financial welfare related to decent housing. Law Number 4 of 2016 concerning People's Housing Savings (Tapera Law) is present as a legal basis for the community, especially private workers who have the right to have decent and affordable housing, where the government and other parties will be bound. However, problems occur when the Government sets a contribution of 2.5% which is deducted every month from workers' salaries. This study aims to regulate the management of Tapera funds in an accountable and professional manner to realize transparency in every management of funds collected from the community to be used for the purposes that have been set. The research method used is empirical research, with a statute approach, a conceptual approach and a sociological approach to law. Data sources are obtained from primary, secondary, and tertiary legal materials, which are collected through interview techniques, documentation, and decisions. Then, the data is analyzed prescriptively. The results of this study show that long-term welfare is not owned by private workers, because the impact of the reduction in obtaining decent and affordable housing creates an unstable financial impact.
Cancel Culture as a Sanction for Members of the Academic Community Involved in Sexual Violence Vitrana, Mokhamad Gisa; Islamiah, Kiki Rizki; Oktavianus, Afriman
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.28371

Abstract

Imposing sanctions on academics involved in sexual violence on campus is often challenging, mostly because of the significant influence these individuals wield over academic advancement and institutional growth. This influence often leads to disappointment among victims and the campus community, as the sanctions imposed tend to be lenient. Relevant aspects of sexual violence committed by members of the academic community, particularly academic perpetrators, such as his scientific works, programs, and other academic initiatives, often continue to receive special recognition on campus. This is despite their close connection to the acts of sexual violence committed. On the other hand, cancel culture has emerged as a new form of sanction, primarily created through social media, reflecting public disappointment toward individuals who violate societal norms. Cancel culture, as a form of public sanction, has a significant impact on norm violators, resulting in their rejection by the public and the dismissal of their associated works. However, the Indonesian Minister of Education, Culture, Research, and Technology Regulation No. 30 of 2021 on the Prevention and Handling of Sexual Violence in Higher Education Institutions does not specifically include cancel culture as a sanction. The purpose of the research focuses on the extent to which cancel culture can be applied as a sanction for members of the academic community involved in sexual violence. This research uses a normative method with qualitative descriptive data analysis.
Community Participation in Supervising State Finances in the Context of Realizing Good Governance Rayhan, Ahmad; Muslih, Muhamad; kusumawardhani, adinda pramesty sulistya; Angel, Destyani
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.27271

Abstract

Public financial supervision carried out by the community is one form of good governance in Indonesia, the existence of public participation is one indicator of good governance. Public participation in a country, especially related to the supervision of state financial management, is urgent, this is because it is a form of check and recheck of the government in a democratic country. So researchers feel it is important to examine the role of public participation in the supervision of state financial management. The research method used is normative juridical. The results of this study are that the main responsibilities in public participation include: a) Participation in decision making b) Implementation Participation, c) Participation in utilization d) Participation in Evaluation. Public participation in the National PK Strategy consists of public participation in the formulation, implementation, monitoring, evaluation, and reporting of strategies. Participation in the implementation of national strategies can be achieved through various means, such as participation in forums, monitoring, evaluation, and creation of financial ownership databases. The community can contribute by ensuring sustainable political engagement, good governance, and simple procedures. This goal can be achieved faster if the community actively assumes responsibility in dealing with state institutions. The community has the highest sovereignty, so the quality of a government is also influenced by the community that elects state representatives. The community also plays a preventive role when proactive action is needed to instill the values of honesty and hatred of corruption through ethical messages and moral education as early as possible.
A Comparative Analysis of Constitutional Models for Presidential Term Limit Optimization Arifin, Firdaus
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.28578

Abstract

The regulation of presidential term limits is a crucial element in maintaining political stability and the quality of democracy in Indonesia, particularly in preventing the concentration of power and authoritarianism. This study aims to analyze and evaluate the ideal model for regulating the presidential term limits in Indonesia, taking into account various comparative approaches from other countries. Using a normative legal research method with a comparative approach, this study examines the strengths and weaknesses of presidential term models in the United States, Germany, and France, and their relevance to Indonesia. The findings suggest that the current limitation of two five-year terms is appropriate for preserving democracy, but there is a need to strengthen oversight and accountability mechanisms. Alternative proposals, such as a single eight-year term, are also evaluated for potential adaptation in Indonesia. The implications of this research underscore the importance of ongoing constitutional reform discussions to further strengthen Indonesia's governance system in maintaining stability and responsiveness to the people's needs.

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