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[Peran Sarjana Perempuan dalam Perspektif Hukum Islam (Al-Qur’an dan Hadis) ]]>
<![CDATA[Laily Liddini]]>;
<![CDATA[Ade Arifin]]>;
<![CDATA[Nila Ni’matul Maula]]>;
<![CDATA[Novita Nur Anggraini]]>;
<![CDATA[Faros Iqbal]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 1 Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i1.19125
<![CDATA[This article examines the role of female scholars in the Perspective of the Qur'an and Hadith. Women are part of Islam and have a big contribution in Islam. The image of women as sidekicks wingking doesn't give a role in the public sphere, so their existence is not taken into account. Islam strongly recommends higher education for women, and having a very important social role equal to men, this is evidenced by the existence of several female figures in the public sphere such as in the fields of politics, economics, health and others. The purpose of this paper is to find out the role of female scholars in the view of Islamic law. This study uses the library research method with qualitative descriptive analysis by collecting materials related to literary sources derived from books, commentaries, hadith books, journals, articles and writings related to the role of female scholar. The results of this study indicate that the more female graduates will open up opportunities for the welfare of social life in society. The use of a female scholar in educating the nation's generation will increase the nation's education level. So that civilized justice can be created and there is no more discrimination against women. Women can actualize themselves in various fields according to their talents and interests, without eliminating their duties and responsibilities within their families.]]>
<![CDATA[Back Matter Vol. 3 No. 1 Juni 2023 ]]>
<![CDATA[Chaula Luthfia]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 1 Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i1.20273
<![CDATA[Pelaksanaan Eksekusi Riil terhadap Tanah dan Bangunan dalam Penyelesaian Perkara Perdata (Studi Penetapan Ketua Pengadilan Negeri Madiun Kelas 1B Nomor 02/Pen.Pdt.Eks/2021/ PN Mad) ]]>
<![CDATA[Gilang Setiawan]]>;
<![CDATA[Shailawa Ramb Madani]]>;
<![CDATA[Brina Saskya Paramita]]>;
<![CDATA[Lintang Yudhantaka]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 1 Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i1.19032
<![CDATA[Executions often occur due to land disputes. The emergence of a land dispute can occur due to a lawsuit from a person or legal entity that contains a lawsuit for torts that have harmed the plaintiff's land rights. Like the real execution referred to in Article 1033 Rv is the execution of a judge's judgment ordering the emptying of fixed objects. This research is normative and empirical legal research, namely literature legal research that refers to legal norms contained in laws and regulations and field research to obtain information as supporting material, especially matters that affect the process of legal work in the implementation of real executions by the Madiun District Court. The process of carrying out real execution can be carried out if in a case there are parties who are negligent or unwilling to carry out court decisions voluntarily, this is based on Article 1033 Rv, Article 200 paragraph (11) HIR, and Article 218 paragraph (2) Rbg. In this paper, it is expected to provide a real picture of how the real execution of unlawful acts in the Madiun District Court Class I B. Execution is carried out on the basis of an application execution of execution. On the existence of the said petition the Chief Justice of Madiun District Court for his authority gave a reprimand (aanmaning) to the execution respondent. From the author's analysis, the execution was in accordance with the implementation of the execution by the Madiun District Court.]]>
<![CDATA[Front Matter Vol. 3 No. 1 Juni 2023 ]]>
<![CDATA[Chaula Luthfia]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 1 Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i1.20274
<![CDATA[Tanggungjawab Pelaku Usaha dan Marketplace terhadap Pelanggaran Asas Itikad Baik dalam Transaksi E-commerce ]]>
<![CDATA[Rizkinil Jusar]]>;
<![CDATA[Palmawati Taher]]>;
<![CDATA[Inge Dwivismiar]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 1 Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i1.19234
<![CDATA[E-commerce through the marketplace is basically the same as buying and selling in general, where an agreement is required between the seller and the buyer regarding the goods or services being traded and the price for the goods or services, but in E-Commerce as in general, the goods being traded in the marketplace cannot be seen directly so it is possible that sellers who do not have good faith will not provide true information about the goods they are buying and selling. This research was conducted using normative juridical research methods. Data collection techniques were carried out by means of a literature study and using a statutory, case and theoretical approach. The principle of faith is a principle that must be put forward in social life, in this case good faith must be carried out by the seller in order to provide more protection to buyers or consumers, so that there are no more complaints from consumers about defaults committed by business actors that the goods sent are not in accordance with what is expected promised. In order to prevent more consumer complaints about defaults by business actors, the marketplace will be responsible for 'setting up' the electronic system and 'managing' it so that it is reliable, safe and responsible. This is in accordance with the theory of responsibility which places more emphasis on the meaning of responsibility born from the provisions of laws and regulations so that the theory of responsibility is interpreted in the sense of liability, as a concept related to the legal obligations of a person being asked for their actions and can be subject to sanctions if they are contrary to law.]]>
<![CDATA[Analisa Hukum Peran BAPPEBTI terhadap Affiliator dan Pengguna Binary Option Berkedok Investasi dan Trading ]]>
<![CDATA[Rila Kusumaningsih]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 1 Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i1.19252
<![CDATA[Binary Options are something new in the investment world in Indonesia. It can be seen that in the digital era, various kinds of investments have emerged, such as stocks, bonds, gold, and others. The emergence of Binary Options as a form of investment led to various responses from the public, both from users and observers. The method used is in the form of a juridical-normative approach, based on its descriptive-analytical nature, the source of the data obtained is through the library research method (library study) Binary options which are always associated with futures contracts because there are several aspects that are considered to have similarities, including commodity prices. namely in the form of currency (forex) and crypto. Also, the similar appearance as in futures contracts and the need for deposits made by binary options users in the form of US Dollars and Rupiahs causes the binary option position to enter the realm of authority from Bappebti. provide legal solutions both preventive and repressive. The role of Bappebti in this case is to implement and strengthen the supervisory system in order to control and eliminate Binary Option so that it is no longer used by the public and conduct legal socialization by working with various stakeholders to inform the public of the negative impact of using Binary Option, because it is actually an illegal activity, self-defeating and causing legal consequences.]]>
<![CDATA[Pencabutan Kewarganegaraan Indonesia Anggota the Islamic State of Iraq and Syria (ISIS): di antara Kedaulatan Negara dan Hak Asasi Warga Negara ]]>
<![CDATA[Diya Ul Akmal]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 1 Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i1.17301
<![CDATA[The growth of the Islamic State of Iraq and Syria (ISIS) has created complex issues for countries around the world. Radicalism awareness and propaganda's ability to spread are the issues. The downfall of ISIS was triggered with the death of its leader. ISIS militants from various nations, including Indonesia, were also impacted by this. Regarding the repatriation of Indonesian citizens and their citizenship status, there are both proponents and critics in the society. The aim of this research was to ascertain the citizenship status of Indonesian nationals who left their country and joined ISIS and to determine the legal standing of someone without a nationality. This is a qualitative study that employs the Normative Legal Method in conjunction with the Legislative Approach. The data was gathered from a literature review that included primary legal materials (statutory regulations), secondary legal materials (books and journals), and tertiary legal materials (Internet). The gathered data is analyzed and described in terms with scientific logic. The study revealed that many Indonesian nationals who joined ISIS desired to go back to their own country. Even yet, the Indonesian government has adopted a policy of revoking citizenship and refusing to repatriate Indonesian people who joined ISIS. The former Indonesian citizen is therefore stateless. The Indonesian government's policy is an assertion of state sovereignty and does not violate the human rights of former Indonesian citizen because the decision to leave Indonesia and join ISIS is totally personal to each former Indonesian citizen. The government needs to take more preventive actions through promoting Pancasila education and national values. This attempts to strengthen nationalism and prevent extremist ideas from spreading in Indonesia. In order to emphasize State Sovereignty more strongly in the development of the Indonesian state of law, security assurances and protection for the entire Indonesian population must also be improved.]]>
<![CDATA[Perkembangan Kejahatan Internasional dalam Hukum Pidana Internasional: Tinjauan Pertanggungjawaban oleh Peradilan Ad Hoc Internasional ]]>
<![CDATA[Novianti, Vera]]>;
<![CDATA[Febriansyah, Artha]]>;
<![CDATA[Rahayu, Delia]]>;
<![CDATA[Banjarani, Desia Rakhma]]>;
<![CDATA[Zulaikha, Almira Novia]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 1 Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i1.18035
<![CDATA[The number of victims when an international crime occurs does not escape the number of perpetrators who commit crimes, the application or responsibility for this international crime must certainly be considered properly because the perpetrator of this act is not an individual but a country as a subject. Based on this background, the issues raised in this study are: What is behind the establishment of an international court aimed at upholding human rights? How international law is regulated in determining the person responsible for international crimes?. This research is a library research with a normative juridical approach based on applicable legal sources. This research was analyzed descriptively with a qualitative approach. Normative legal research by examining various sources of literature both primary and secondary. The results of this study are the establishment of ad hoc courts, such as the International Military Tribunal (Nuremberg), International Military Tribunal for the Far East (Tokyo), International Criminal Tribunal for former Yugoslavia (ICTY) & International Criminal Tribunal for Rwanda (ICTR) to show that the world already aware of the protection of victims and the need for someone to be responsible. Crimes that occur by deprivation of human rights both on a small and large scale are equally detrimental to victims. Human rights that are upheld regardless of space and time require various countries to work together to protect them. In its responsibilities, the state which is an abstract entity then in its responsibilities will be imposed on individuals who serve as organs of the state.]]>
<![CDATA[Hak dan Kewajiban Suami Istri Perspektif Hukum Islam (Studi Kasus Wanita Karir Di Desa Benda Kec. Sirampog Kab. Brebes) ]]>
<![CDATA[Badriah Badriah]]>;
<![CDATA[Chaula Luthfia]]>;
<![CDATA[Qotrun Nida]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 1 Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i1.19800
<![CDATA[Based on Islamic sharia teachings, a wife has obligations that must be carried out in the household, including obligations to husbands, obligations to children and also obligations to parents. The entry of wives into the world of work provides various changes in roles in carrying out their obligations and rights that have been agreed upon by husband and wife in the marriage system and this can be a source of problems for husbands and wives in the continuity of their marriage. A married couple in Benda village, Sirampog District, Brebes Regency is an example of a family that has experienced a shift in roles due to the participation of wives in making a living. This research is a field research using a sociological normative approach. This approach is intended to know and provide an overview of the fulfillment of the rights and obligations of husband and wife in the family of career women. From the results of the study, informants shared domistic work roles with husbands, 25% of informants acted as career women with conditions and limitations of domestic work had been carried out, 25% of informants performed the role of career women with full flexibility without being burdened by domestic work. This is in accordance with the Marriage Law on the rights and obligations of husband and wife in chapter V articles 30 to 34. Double burden wife who acts as a career woman who has an impact on domestic affairs. Where domestic affairs then become a shared responsibility with the man/husband, this is also as implicitly shown in QS An-Nisa: 32 and QS. Al-Baqarah [2]: 228.]]>
<![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.]]>
