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.
Articles
93 Documents
<![CDATA[Optimizing Land Use Laws: A Comprehensive Revision of Law No. 56 of 1960 on Agricultural Land Area ]]>
<![CDATA[Ayuni, Qurrata]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22487
<![CDATA[This article discusses the expansion of Law No. 56/1960 on the Determination of Agricultural Land Area, which requires evaluation and reform. The focus is on four key regulations in the law that relate to minimum and maximum limits on agricultural land, the prohibition of agricultural land division, and agricultural pledging. This article aims to present the urgency and relevance of a strong legal political effort in formulating agricultural legislation that is more in line with current conditions and provides better protection to farmers. In order to find the urgency and relevance, this paper uses a juridical-normative methodology that emphasizes the study of literature and regulations regarding agricultural land and agrarian reform. Based on the results of the research conducted, the idea of drafting a new law using the omnibus law method is necessary to integrate various aspects of agricultural legislation into one comprehensive legal framework that guarantees the human rights and constitutional protection of citizens. ]]>
<![CDATA[Hilirization Obligations for Mining Companies with Contract of Works Status In Indonesian Positive Law ]]>
<![CDATA[Sudaryat, Sudaryat]]>
<![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.v4i1.24955
<![CDATA[The Indonesian government requires mineral and coal mining companies to reduce exports of raw minerals, in fact some raw minerals (ore) are prohibited from being exported abroad, such as nickel and several more minerals will follow. Mining companies are required to process and purify raw minerals domestically (downstreaming) so that these minerals have better added value than before. The fact is that some mining companies operating in Indonesia have work contract status, some have IUP status and some have IUPK status. Currently there are several companies with work contract status that have become IUPK. The Mineral and Coal Law has also undergone several replacements and changes and the results of a study show that the Indonesian Government is inconsistent in its policy on downstreaming metallic minerals. The work contract was signed before Law No. 4 of 2009 came into effect. There is doubt about the implementation of downstreaming for metal mineral mining companies with work contract status. The aim of the research is to examine the downstream obligations for metal mineral mining companies with work contract status in the substance of the work contract both before being amended and those which have been amended and to find out the downstream obligations in the Mineral and Coal Law which has undergone several changes for metal mineral mining companies with status. work contracts that have not yet been converted into IUPK. The research method used is normative juridical with a descriptive analysis research approach. This research is a literature study of primary legal materials, secondary legal materials and tertiary legal materials. The data collected was analyzed using qualitative juridical methods. The research results show that in the substance of the work contract before the amendment and after it was amended after the enactment of Law No. 4 of 2009 concerning Minerals and Coal, it turns out that there is an obligation in the work contract for the company holding the work contract to carry out downstreaming, including the downstreaming mechanism. Then, if we analyze the mineral and coal law, namely from Articles 102, 103 and 104 of Law No. 3 of 2020, there is no express downstream obligation for metal mineral mining companies with work contract status, but there is an express downstream obligation for metal mineral mining companies with contract status but it was listed in Article 170 of Law No. 4 of 2009 and implied in Article 170A of Law No. 3 of 2020. The time limit for downstream implementation for companies holding work contracts starts from the time the company holding the work contract starts production. The downstream obligation itself will be optimal if it is in line with the policy of banning raw mineral exports.]]>
<![CDATA[Back Matter Vol. 3 No. 2 Desember 2023 ]]>
<![CDATA[matter, back]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.23395
<![CDATA[Securing the Innocence: Safeguarding Children from Sexual Violence in School Environment ]]>
<![CDATA[Pulungan, Nita Nilan Sry Rezki]]>;
<![CDATA[Tarigan, Vita Cita Emia]]>;
<![CDATA[Nugraha, Dinda Adistya]]>;
<![CDATA[Ghuffran, Mohammad]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22209
<![CDATA[This article aims to protect children from sexually violent crimes in schools. Educational institutions should be a place that brings a sense of comfort and safety after the family environment, but in reality, immoral crimes still occur in the school environment. The violation of children's decency is not only a matter of education but also of a country's national laws, that is why Indonesia is a country of law, therefore the protection of law and preventing sexual violence against children in schools is vital. important in protecting children's rights. The research we conducted was legal research with a qualitative method using descriptive analysis. Collect data from interviews and observations on issues researched in the field. This study concluded that saying things related to sex in the school environment has the effect of making school a dangerous place for students. Provisions regarding criminal acts for perpetrators of disclosing sexual arrangements in existing regulations in Indonesia may be able to minimize cases that occur.]]>
<![CDATA[Validity of Surrendering Cessies Without Debtor Notification in Sharia Banking Bankruptcy Cases ]]>
<![CDATA[Farhansyah, Adam]]>;
<![CDATA[Agustina, Rani Sri]]>;
<![CDATA[Efriyanto, Efriyanto]]>
<![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.v4i1.24343
<![CDATA[Bankruptcy refers to circumstances where a debtor or company can not fulfill its obligation reimbursement commitments to creditors through the Liquidation Regulation and PKPU guidelines. Cessie, specifically the appointment of claim rights from the initial claimant (cedent) to the new biller (cessionary). When there is a transfer of debt collection rights (cessie) without giving notification to the debtor who is the party requested for bankruptcy during the PKPU procedure because it is still in a civil and criminal dispute, it becomes the focus of this research. Focal Jakarta Commercial Court Choice Number: 25/Pdt.Sus-Pailit/2020/PN.Niaga.Jkt.Pst. got to be the question of this inquiry about, with the purpose in breaking down the authenticity of the cessie which was carried out without giving notice to the indebted person as the party respondent in insolvency within the insolvency case. Normative legal research is an exploratory method applied in this research. The agreement in the cessie deed between the cedent and the cessie does not bind the cessus even without notice so that if the parties do not notify the cessus, the cessie confirmed in the authentic deed only has legal force binding on the parties which is considered the same as a deed under the hand, so that even without notification to the cessus, the cessie remains valid.]]>
<![CDATA[Exploring Legal Dimensions: The Role of Generation Z and Millennials in Online Lending through the Lens of Islamic Law ]]>
<![CDATA[Uyun, Linatul]]>;
<![CDATA[Luthfia, Chaula]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22331
<![CDATA[Peer to peer lending or known as Information Technology-Based Money Lending and Borrowing Services is an electronic system financial service that is connected to the internet. Online loans are in great demand because of the ease of transactions, this is what encourages many generation Z and millennial generations as active users of online loans. The sensation of the Fear of Missing Out (FOMO) phenomenon is one that causes social media sites to guide the Millennial lifestyle. Crimes arising from the rise of online loans include the illegal dissemination of data by online loan service providers who deliberately disseminate without consent. The rise of illegal fintech that causes financial losses to individuals and the public who use it. The purpose of this researcher is to see this online loan phenomenon from the perspective of Islamic Law, the universal and dynamic nature that exists in Islamic law answers all problems in human life and the impact caused by online loans. The type of research method used is library research, with a juridical normative approach, which is an approach based on legal norms and the concept of syarî'ah and the rules contained in fiqh and ushul fiqh. The result of this study is that debt receivables through legal technology intermediaries are permissible in Islam. As long as it meets the requirements of the pillars of debt receivables or Qiradh and holds the principles of tawhid and adl. Online loans are not in accordance with Islamic law when Muqridh violates many Qiradh principles such as unclear qirodh shighot, lack of transparency and additional or fines that are not explained in the contract. For Gen Z and Millennials to avoid a consumptive lifestyle, it is necessary to strengthen faith, have gratitude, Qana'ah or an attitude of acceptance and enough. ]]>
<![CDATA[The Legality of Provoked Abortion Due to Rape: A Human Rights Perspective ]]>
<![CDATA[Tan, Winsherly]]>;
<![CDATA[Fitri, Winda]]>;
<![CDATA[Putri, Shelvia Agustini]]>
<![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.v4i1.22849
<![CDATA[The issue of abortion is currently still an actual discussion, both done in accordance with applicable regulations and done illegally, for example, women who are victims of rape. The purpose of this study is to explain the discussion of Abortus Provocatus as a result of acts of rape based on human rights. Based on Law Number 17 of 2003 concerning Health and Law Number 39 of 1999 concerning Human Rights and the writing of this research article using normative research methods, using library materials as data to analyse the problems discussed in the preparation of this research article. Exceptions to abortion Article 60 paragraph (2) point c which provides relief for abortion for women who are victims of rape. This is also in line with Law No. 39/1999 on Human Rights abortion is only done to protect the life of the mother and child. The existence of regulations that legalise abortion is solely to fulfil the rights and freedom of the mother from psychological and social burdens and freedom in her life as a living being that has human rights]]>
<![CDATA[The Role of Universities in Protecting Intellectual Property of SMEs ]]>
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Udu, Jericho]]>
<![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.v4i1.22536
<![CDATA[This research aims to analyze the legal certainty in the protection of intellectual property for Small and Medium-sized Enterprises (SMEs) and to explore the role of higher education institutions in enhancing the effectiveness of intellectual property protection for SMEs. The absence of prior research specifically examining the relationship between these two aspects underscores the novelty of this research within the context of normative law. The research methodology employed is the normative legal research method, relying on the analysis of secondary data involving legal interpretation. The research findings indicate that the intellectual property regulations in Indonesia have provided a fundamental legal certainty for SME actors in their efforts to safeguard creativity and innovation. Higher education institutions, through community engagement activities, play a role in shaping a stronger 'legal culture' to enhance the effectiveness of intellectual property protection for SMEs. Higher education institutions can assist in improving the understanding of SME actors regarding the importance of registration and intellectual property protection.]]>
<![CDATA[Sweet Poison: Syrup Drugs and the Imperative of Consumer Protection against Acute Renal Failure ]]>
<![CDATA[Suwandono, Agus]]>;
<![CDATA[Yuanitasari, Deviana]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 3 No. 2 Desember 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v3i2.22126
<![CDATA[Efforts to handle cases of acute kidney failure in children still cause problems related to the accountability of pharmaceutical business actors and legal protection for consumers and the community. This research uses a normative juridical approach with descriptive and analytical specifications. BPOM has instructed the recall of all syrup medications from circulation that contain EG and DEG, totaling around 73 syrup medications from 5 pharmaceutical industries. The purpose of writing this article is to formulate the responsibility of those involved in the circulation of children's syrup medications that cause acute kidney disorders from a consumer protection perspective and to formulate legal protection for consumers regarding the circulation of children's syrup medications from a consumer protection perspective. The results showed that pharmaceutical business actors in the consumer protection perspective could be held criminally, civilly, and administratively held accountable simultaneously. Legal protection for consumers can be prevented by adequate supervision, especially regarding drugs circulating in the community. As for repressively withdrawing the circulation of syrup drugs containing Ethylene Glycol and Diethylene Glycol that exceed the safe threshold and carrying out law enforcement against pharmaceutical business actors who violate the provisions of laws and regulations. The government should be proactive and facilitate consumers who are victims of acute kidney failure to obtain their rights as consumers.]]>
<![CDATA[The Effective Role of BPSK in Resolving Consumer Disputes in Accordance with UUPK: Legal and Theoretical Perspectives ]]>
<![CDATA[Udjan, Bernadeth Gisela Lema]]>;
<![CDATA[Hermawan, Ariyanto]]>
<![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.v4i1.24488
<![CDATA[The Supreme Court of the Republic of Indonesia (MARI) canceled the decision issued by BPSK, this shows that the legal regulation regarding BPSK, especially the Consumer Protection Law (UUPK) is not firm in providing a rule in resolving consumer disputes. The research aims to critically analyze the role of BPSK in resolving consumer disputes in terms of the theory of legislation based on the UUPK. The type of research conducted in this study is juridical-normative by examining library materials or secondary data. In order to analyze the research to be conducted and answer the formulation of the problem, the author takes a case approach that shows the incompatibility of the rules regarding BPSK. The results of this research show that there are discrepancies in UUPK in regulating BPSK. In the UUPK, it has been emphasized that BPSK's decision is final and binding so that no objection can be filed to the District Court. Not only that, BPSK is seen as a quasi-court institution, which means that BPSK's position is equal to that of a general court. This can be seen from the duties and authorities that have been regulated in the legislation. The results of this research are expected to serve as a reference or guideline as well as to contribute to the government on the UUPK in affirming a legislation to resolve consumer disputes through BPSK so that the role of BPSK becomes more important.]]>
