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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 93 Documents
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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.
Langkah Komunikasi Persuasif Epistema Institute dalam Mendorong Lahirnya Perda Kasepuhan Lebak Ruhimat Ruhimat
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.v2i2.17081

Abstract

This study aims to find out how advocacy communication Epistema Institute in encouraging the formation of regional regulations about kasepuhan. The method used in this research is qualitative method with case study design. Data collection was done by in-depth interview technique and library Studies. Data analysis is done by using inductive analysis. The results of this study indicate that advocacy communications conducted by Epistema Institute through stages of communication advocacy of Epistema Institute are formulating issues, formulating long-term goals and strategic objectives, determining advocacy targets, building support, developing messages, selecting information channels, implementation, and monitoring and evaluation. Stages carried out to the local government namely Lebak district council and kasepuhan community as an informant in this study. With persuasive message delivery approach and effective communication action, Epistema Institute succeeded in encouraging Local Government, DPRD, to form Regional Regulation Lebak Distric of Banten Province Number 8 Year 2015 on Recognition, Protection and Empowerment of Kasepuhan Customary Law Community.
Perlindungan Hukum Terhadap Kurir Jika Terjadi Ketidaksesuaian Pengiriman Barang Terhadap Konsumen Dalam Transaksi Cash on Delivery (COD) Muh Ersandi Rizki Pratama; Sutrisno Sutrisno
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.v2i2.16304

Abstract

The digital world offered by the sophistication of the Internet, presents new innovations that change old conventional habits. The existence of the development of the internet, presents an innovation where the market can be reached anytime and anywhere, and under any conditions known as E-commerce or electronic commerce. The sale and purchase is considered to have occurred if both parties have agreed on the goods and prices, even though the goods have not been delivered or the price has not been paid. The formulation of the problem is regarding the legal relationship of the parties in COD transactions, as well as legal protection in COD transactions. The method used in compiling this research is a research with a normative method approach. The source of the research that the author took is in the form of normative analysis related to regulations related to the protection of couriers, such as Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, Law Number 22 of 2009 concerning Road Traffic and Transportation, and Law No. Number 38 of 2009 concerning post. The COD mechanism does not stop only at the relationship between the seller and the buyer, but involves parties that are very important for the operation, namely the delivery service company and courier delivery service, which presents a new legal relationship in the COD transaction process. Couriers in delivering goods to consumers or recipients of goods are also responsible for the goods delivered, if there is damage on the basis of negligence on the part of the courier, the courier is responsible for the goods, however, as long as it is not the fault of the courier, the courier will not be charged and compensation for damaged goods.
Dialektika Norma Islam dan Norma Hukum Positif dalam Pembentukan Peraturan Daerah tentang Pendidikan Al-Qur’an di Provinsi Gorontalo Rahmat Teguh Santoso Gobel; Moh. Ihsan Husnan; Novendri Nggilu; Raihan Sahrul Adnan; Moh. Hidayat Muhtar
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.v2i2.16682

Abstract

   This article discusses the problems of regulating Koranic education in regional regulations in Gorontalo Province. This is based on the consideration of the Ministry of Home Affairs which states that the draft regional regulation on Koranic education cannot be regulated separately but is integrated with existing regional regulations for the provision of education. These problems will be answered methodologically by using normative legal research. The author uses this legal research because the focus is on reviewing literature studies, laws and regulations and court decisions related to the object of research.   Based on the results of the study, this article concludes that the establishment of a regional regulation in the Gorontalo province regarding Qur'anic Education has the potential to cause conflict with the principles of establishing legislation. This is based on the material content of regional regulations that require protection for all groups and religions to prevent discriminatory actions on the formation of a regional regulation.The basis for regulating Qur'anic education should be used as part of local wisdom where the province of Gorontalo is known as the Serambi Medina area with a majority Muslim population supported by a strong culture so that a legal policy for the Gorontalo Provincial government is needed to accommodate Qur'anic education in regional regulations regarding the implementation of education in the region so that later the values of the Koran are not only accepted in the sociological scope but are recognized juridically.   Therefore, it is necessary to revise regional regulations on the implementation of education by including a chapter on religious education which does not only regulate Koranic education, but other religions can also be included in the chapter. If the regional regulations have been revised, the next effort is to strengthen Koranic education, it is necessary to make an implementing regulation, namely the governor's regulation on Koranic education as a follow-up to regional regulations on the implementation of education.. 
Akibat Hukum yang Timbul atas Terjadinya Kejadian Ikutan Pasca-Imunisasi pada Pelaksanaan Program Imunisasi Dasar Lengkap di Provinsi Banten Asmawati Asmawati; Muhyi Mohas; Rani Sri Agustina
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.v2i2.17084

Abstract

This study aims to analyze the legal consequences arising from the occurrence of Post Immunization Adverse Events (KIPI) in the implementation of complete basic immunization in Banten Province. This type of research uses a normative juridical approach. Based on the results of the study, it is known that the legal consequences of the occurrence of AEFI in the implementation of immunization, both those who practice outside their authority and if an error occurs due to negligence can be subject to "disciplinary sanctions, administrative sanctions, civil and criminal". The imposition of sanctions must meet the requirements of professional ethics and discipline (there is a violation of the code of ethics and professional discipline); In terms of administrative law in the form of abuse of authority; In terms of civil law in the form of a lawsuit based on contractual liability, namely non-compliance with professional standards, service standards and SOPs; and In terms of criminal law, there is an element of error in the form of intentional and/or negligence on the part of the health officer providing immunization.
Analisis Yuridis Tuntutan Jaksa untuk Menuntut Hukuman Mati dalam Tindak Pidana Korupsi (Studi Putusan Nomor 50/Pid.Sus-TPK/2021/PN Jkt.Pst) Moh Romli
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.v2i2.16314

Abstract

Corruption is an extraordinary crime (extraordinary crime), so how to handle it must also be done in extraordinary ways as well. Regarding the issue of corruption that the author raises, namely the case of corruption committed by Heru Hidayat, President Commissioner of PT Trada Alam Minera Tbk, corruption at PT Asabri is also called the mega-corruption case because the value of state losses is fantastic, reaching Rp. 22.7 trillion. This type of research is a normative juridical research, which examines laws and regulations, theories, or the opinions of legal experts. Regulations related to prosecuting the death penalty are contained in the Guidelines for the Attorney General of the Republic of Indonesia Number 1 of 2019 concerning Criminal Prosecutions for Criminal Acts of Corruption and Article 2 Paragraph (2) of Law Number 30 of 1999 concerning Eradication of Criminal Acts of Corruption as amended in Law Number 20 of 2001 concerning Eradication Corruption Crimes.

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