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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 15 Documents
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Search results for , issue "Vol.2 No.2 Desember 2022" : 15 Documents clear
Efektivitas Pelaksanaan Hukuman Penahanan bagi Anggota Militer yang Melakukan Pelanggaran Disiplin Militer di Polisi Militer Angkatan Laut Lantamal V Surabaya Syahrul Hafiidz Syam
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.16910

Abstract

In a country, elements of the field are needed to maintain unity and integrity in the country, one of which is the military. In Indonesia, the military element that maintains the sovereignty of the Republic of Indonesia is the Indonesian National Army (TNI). TNI soldier is formed through an educational process so that a soldier can carry out his duties properly according to the tasks given, both in combat and outside combat. But in the military area, which should be free from bad and despicable actions or behavior, in reality, TNI members are also ordinary people who cannot be separated from mistakes. It is possible for a soldier to disobey his superiors, or to commit a crime or violation that is detrimental to both the individual and the unit. This study aims to determine the effectiveness of law enforcement military discipline in the Military Police Lantamal V Surabaya and the imposition of penalties if there are members of the military who violate military discipline. This research uses empirical juridical research. Methods of data collection is done by means of interviews and literature studies. The results showed that there were still members of the military who violated military discipline. The data analysis technique in this study used qualitative data analysis. There are 5 (five) factors of legal effectiveness, namely the legal factor itself, law enforcement factors, facilities that support law enforcement, community factors, and cultural factors.
Front Matter Vo. 2. No. 2. Desember 2022 editorial editorial
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.17450

Abstract

Efektivitas Penyelenggaraan Klaim Jaminan Kematian BPJS Ketenagakerjan Atas Kematian Pekerja Migran Indonesia Di Jawa Timur Kiki Meylia Darma Esicho; Wiwin Yulianingsih
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.16323

Abstract

Work is the primary need of every human being. By working, they will get a salary or wages that becomes the exchange rate to buy various necessities for life. But unfortunately, the fact is that getting a job in Indonesia is not an easy thing. This encourages people, especially those with education from elementary school to high school, to look for job opportunities abroad. From an economic perspective, the rapidly growing world market and the influence of globalization have opened up demand for workers in foreign economic sectors. Migrant workers act as accomplices and agents of economic and social progress in their country of origin and their country of placement. However, they are also very vulnerable to risks that can result in death. In this regard, the state is responsible for providing proper welfare for its citizens by providing services to Indonesian Migrant Workers through the BPJS Ketenagakerjaan Death Security. The heirs will receive cash benefits if Indonesian migrant worker dies. However, in practice, each BPJS Ketenagakerjaan branch office has its own regulations regarding the procedure for claiming death benefits. In this case, the BPJS Ketenagakerjaan Branch of Karimun Jawa in East Java provides file requirements that differ from the Regulation of the Minister of Manpower and Transmigration Number 18 of 2018 concerning Social Security for Indonesian Migrant Workers, which impedes the heirs. Furthermore, the level of education and family members of the Indonesian migrant workers from small towns prevent them from learning about the Death Insurance Claim procedure at BPJS Ketenagakerjaan Karimun Jawa.
Pandangan Fikih Terhadap Pembatasan Minimal Usia Perkawinan Hamdan Arief Hanif; Chaula Luthfia
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.17017

Abstract

Law Number 16 of 2019 is a law that the main point is to regulate new regulation regarding the minimum age for marriage. Previously, the minimum age for marriage was 19 years for men and 16 years for women. Then this minimum limit was changed to 19 years for both. In Islam, the marriage contract (‘aqd) is a contract that is full of religious activities. However, in Islamic law or fiqh, there is no any evidence that clearly regulates the minimum age for marriage. This paper aims to analyze the rules for limiting the minimum age for marriage from a fiqh perspective. This type of research is normative-empirical legal research with a conceptual approach. The results of the study show that normatively, changes of Law Number 16 of 2019 have been in line with the provisions and principles in fiqh. However, in practice, this research proves that the changing of this law is not fully in accordance with the purposes and benefits in fiqh.
Peretasan Database UIN Sultan Maulana Hasanudin Banten Berdasarkan Undang Undang Informasi dan Transaksi Elektronik Daniel Ronaldo Gultom
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.15757

Abstract

The advancement of technology in digital era is growing fastly, However hacking criminal act is growing happened. Hacking case observed by researcher  is Maulana Hasanudin Banten Moslem  State University database, researcher on this research use framework of thinking as follows: Law enforcement theory and sentencing law theory. In compiling the identification on this research, First, how law enforcement on hacking Maulana Hasanudin Banten Moslem State University database perpetrator based on Law of Information, Transaction, and Electronics ? Second, how law sentencing on hacking Maulana Hasanudin Banten Moslem State University database perpetrator based on Law of Information, Transaction, and Electronics ? This research use juridical normative methods and empirical normative methods. First observation result  in enforcement law on perpetrator database is any difficulty to determine criminal law act location and to search lost data caused by hacking act. Second, sentencing on hacking database perpetrator, sentencing on hacking perpetrator is very enthereal and not include minimum sanction in Information, Transaction and Electronics law. So therefore it is necessary must increase law enforcer ability in this case law enforcement on hacking criminal act and must include minimum sanction in law, so that to notice justice people aspect.
Back Matter Vol. 2. No. 2. Desember 2022 editorial editorial
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.17451

Abstract

Perlindungan Hukum Terhadap Tanah Adat Suku Bugis/Tolotang Di Kabupaten Sidenreng Rappang Heril Heril; Andi Suriyaman M Pide; Sri Susyanti Nur
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.16437

Abstract

The Towani Tolotang people still retain their beliefs from their ancestors, even though living in modern times today they are able to prove their existence by consistently maintaining their religious and cultural activities. Land is very important for the Towani Tolotang people because the land is not only a place to live and grow crops, but as a place to carry out religious or customary activities carried out throughout their existence. This research will examine the legal protection of land from Towani Tolotang in Sidenreng Rappang Regency. This type of research is empirical legal research, data sources are primary and secondary data and are analyzed descriptively. The results of the study found that preventive legal protection of towani Tolotang customary land until now has not existed, either the land registration or the recognition/regional regulations that protect the Towani Tolotang customary land. However, physical control of the land has been carried out from hundreds of years by their ancestors and there is recognition by the surrounding community of the control. The land that has strong legal evidence in this case the land certificate is the lands of the Towani Tolotang community which are used individually. The second type of legal protection is repressive, although the Towani Tolotang and Islamic people coexist in Amparita Lama (Amparita Village, Toddang Pulu Village, Arateng Village and Baula Village) they have different problem solving. In the Towani Tolotang society those who have disputes such as land can settle in Uwa' or Uwatta' which is the highest class among them. It was the fatwa of Uwa' or Uwatta' that was made legal by the Towani Tolotang people. Meanwhile, when the community is both Islamic or Islamic with Towani Tolotang, the dispute will be resolved in the village of the community or even can go to court in Sidenreng Rappang Regency.
Eksistensi UNCLOS 1982 dalam Upaya Penegakan Hukum Laut Internasional di Perairan Negara Pantai Yulia Wiliawati; Danial Danial; Fatkhul Muin
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.17064

Abstract

The United Nations Convention on the Law of the Sea 1982 (UNCLOS 82) is an international treaty resulting from the United Nations Conference on the Law of the Sea. The Law of the Sea Convention defines the rights and responsibilities of states in the use of the world's oceans and establishes guidelines for business, the environment, and the management of marine natural resources. The problems are: First, how is the existence of UNCLOS 82 in the efforts to enforce international maritime law in Indonesian waters? Second, how is the implementation of UNCLOS 82 on the Indonesia vs Tiongkok conflict in Natuna? The method used is normative juridical, with an approach to legal principles. while the data analysis is a qualitative juridical analysis, namely analyzing the identification of problems based on secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study are: First, the existence of UNCLOS 82 in efforts to enforce international maritime law in Indonesian waters is regulated in Article 37 (1) UNCLOS 82. Based on the provisions of Article 73 (1) of UNCLOS 1982, the coastal state in exercising its sovereign rights can board ships, examine, arrest and carry out judicial proceedings, as necessary to ensure compliance with the laws and regulations established by him in accordance with the provisions of the Convention. Furthermore, Article 73 paragraph (2) of Unclos 1982. The coastal state may be subject to court proceedings, as necessary to ensure compliance with the laws and regulations it has established in accordance with the provisions of this Convention. Second, the implementation of UNCLOS 82 in Natuna includes first, improving the capture fisheries licensing system and mechanism. The number of fishing vessels allowed to operate in a fishing area does not exceed the number of catches allowed (80% MSY) so that the capture fisheries business can take place profitably and sustainably.
Analisis Kendala Penegakan Hukum Pidana Terhadap Pelaku Pengaturan Skor (Match Fixing) Sepak Bola di Jawa Timur (Studi Kasus di Jawa Timur) Adrian Imam Ramadhan; Hervina Puspitosari
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.16205

Abstract

There are Provisions Football is a very popular sport among the people of Indonesia. The total population of Indonesia, which has a total of 365 million, prefers this one ball sport to other sports. With such huge potential resources, many are interested in using football as a medium or intermediary for various messages and information, ranging from its role as a business medium to a political medium. The research method of this writing is empirical juridical, is a legal research regarding the enforcement or implementation of normative legal provisions in action on every particular legal event that occurs in society. The main motive for fixing the score is money. Big capital gambling syndicates dare to make scenarios regarding the outcome of a match because they have a lot of money to play at many points. However, it must be understood that as long as it does not meet certain elements that are criminally regulated, a score setting cannot be included in the category of crime/criminal but will still injure fair play. Three Elements of Legal System, the theory of Lawrence M. Friedman is a factor that influences law enforcement, namely the structural component, the substance component, and the cultural component or legal culture. Law enforcers must be pro-active in enforcing the law on match fixing because in essence, fixing scores or bribes in speak football matches is a general offense. Without a report, the police should do intelligence work for the convenience and good of the sport of football.
Pertanggungjawaban Pidana dan Perlindungan Hukum terhadap Anak dalam Tindak Pidana Narkotika Leni Dwi Nurmala; Yoslan K. Koni; Dince Aisa Kodai
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v2i2.16546

Abstract

   The circulation of narcotics in Indonesia has spread to various circles, not even a few children are victims of the narcotics circulation. The involvement of children as narcotics users and the involvement of children as perpetrators of narcotics trafficking, so that eradication and prevention must be carried out specifically and requires the involvement of various parties. In this study will discuss how the legal protection of children in narcotics crimes. The method used in this writing is normative juridical writing with a statutory approach and literature study. The results of the discussion obtained by children who are caught in the law or children in conflict with the law (ABH), especially the legal protection of children in narcotics crimes must be able to realize restorative justice with settlement efforts that prioritize the best interests of the child, with the aim of finding a fair legal settlement. as well as prioritizing the recovery of children's conditions and providing protection for the rights of children who are in conflict with the law so as to avoid handling that violates legal procedures during the criminal justice process. This is carried out based on the mandate of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System and Law no. 35 of 2014 concerning Child Protection.

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