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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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Constitutional Concept of the Village Chief Office Term Extension and It's Legal Implications Pratiwi, Fita Dwi; Wardana, Dodi Jaya
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v3i2.22532

Abstract

The demonstration at the DKI Jakarta DPR Building demanding an extension of the village chief's term of office has reaped many pros and cons in the community. The reason is because the position of village chief for 6 (six) years is considered too fast. In fact, regulations and laws relating to villages were born in response to the large influence of village heads during the New Order era. One of these regulations is to limit the term of office. The aim of this research is to find out and analyze whether the extension of the village chief's term of office is in accordance with the constitutional system, the principles of the rule of law and democracy in Indonesia. The method used is a normative juridical approach, based on descriptive analysis based on historical cases and regulations. This approach is intended because in the historically, there is a theory that can reduce authority by using law to extend the term of office of the village chief. In fact, regulations, legislative regulations have actually been designed with provisions regarding the maximum survival limit for village chiefs. However, in reality, this clause is often violated. This is made worse by the fact that it is the village chief who appoints each individual within the village framework, not the community. With these demands, it is the community who should determine whether the demands given need to be resolved or not. In this research the author concludes that extending the term of office of village chiefs is contrary to the constitutional system, the principles of the rule of law and democracy in Indonesia because the ideals of law and the constitution require limitations on power to avoid abuse of authority by state officials. If this request is granted, democracy in Indonesia will decline. 
Airspace Delegation: Preserving Indonesia Territorial Sovereignty through Flight Information Regions Realignment Sitamala, Afandi
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v3i2.22932

Abstract

"He who commands the skies commands all." General Giulio Douhet's renowned 1921 quote resonates even a century later. On January 25, 2022, Indonesia and Singapore settled longstanding bilateral issues, including aviation needs and safety. A crucial aspect was the realignment of their flight information regions (FIRs). This paper delves into the FIR concept, emphasizing the delicate balance between air safety and territorial sovereignty. The FIR agreement safeguards Indonesia's sovereignty while fostering collaboration with Singapore in airspace management. However, it has sparked debates on specific aspects, especially the limited delegation of airspace to Singapore. The intricacies of delegating airspace management have fueled discussions. Additionally, concerns have emerged about the FIR's impact on maritime security operations, given that reporting to the Singapore FIR allows monitoring of maritime security vessels.
Back Matter Vol. 4 No. 1 Juni 2024 Agustina, Rani Sri
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i1.26660

Abstract

Implementation of Restorative Justice in Discontinuing Prosecution of Assault Criminal Acts (A Case Study at the Public Prosecutor's Office of Garut) Ramadhan, Noval; Huda, Uu Nurul; Kurniawan, Wawan
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i1.24826

Abstract

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.
Juridical Insight: Resolving Interim Village Head Election Disputes in Sumbawa Regency Dianto, Dianto
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v3i2.22475

Abstract

The election of village heads is a form of popular sovereignty. However, the village head election process cannot be separated from disputes, so a dispute resolution scheme is needed that provides justice. This research is normative research with a conceptual approach, statutory approach and case approach. The case that is the focus of this research is the case of the interim village head election in Labangka Satu Village, Labangka District, Sumbawa Regency, where in the village head election process the village head election supervisory committee was not appointed as the institution that resolves village head election disputes. In the absence of a supervisory committee for Village head elections, parties who object to the results of the Village head election report to the Regent, but regulations at the regional level do not regulate the Regent's authority to resolve disputes over Village head elections. The results of this research are (1) Settlement of interim village election disputes in Sumbawa Regency is the same as the mechanism for resolving village election disputes simultaneously through a supervisory committee but is not regulated in regional regulations or other regulations regarding the Regent's obligation to resolve village election disputes as mandated in article 37 paragraph (6) of the Law. number 6 of 2014 concerning Villages. (2) The legal consequences if the Regent appoints an elected village head without first resolving the dispute is that the regent's decision is null and void because resolving the dispute is an obligation which is an absolute requirement in the village head election process. The conclusion of this research shows that legally there is no regulated scheme for resolving disputes over interim village elections so that the legal consequences if the Regent appoints an elected village head without first resolving the village election dispute is that the Sumbawa Regent's decision is null and void. This research suggests (1) the Regional Government of Sumbawa Regency needs to regulate the obligations of the Regent to resolve village head election disputes, (2) the Regent of Sumbawa can form a special team to resolve village election disputes to carry out its obligations to resolve village election disputes.
Understanding the Legal Implications of Regulatory Transfers: A Post-Decision Analysis of MK No. 27/PUU-IX/2011 under the Omnibus Law Framework Mariza, Siska; Santoso, Imam Budi
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i1.24735

Abstract

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.
Front Matter Vol. 3 No. 2 Desember 2023 matter, front
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v3i2.23394

Abstract

Court System Transformation; Maximizing Electronic Courts through the Implementation of Swift, Simple, and Cost Effective Principles Sujatmiko, Bagus; Rato, Dominikus; Anggono, Bayu Dwi
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v3i2.22214

Abstract

Nowadays the world has often labeled as the 4.0 era, humans can reach almost everything at the snap of a finger. The development of information technology has penetrated all lines of life, including the law enforcement. The judiciary system as the main forum for the law enforcement process is also have to adapt, if not to do so, the judiciary system may be deemed as a failed system. The enactment of Supreme Court Regulation Number 1 of 2009 became the sign of electronic litigation era in Indonesia. However, long before that the Supreme Court has already improved the judiciary system electronically, because “judiciary system” not only means the litigation process but other process includes the case administration. Writer in this paper will discuss on what are the improvements that Supreme Court have made on judiciary system and further to analyze normatively on whether such improvement may support the fulfillment of judiciary principle especially the principle of fast, simple and low-cost proceeding, or otherwise whether such improvement only bring other problems into the existing system.
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.
Termination of Employment of PT. Lotte Mart Indonesia Sunandar, Sunandar; Tahir, Palmawati; Arifinal, Mochamad
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 1 Juni 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i1.22035

Abstract

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.

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