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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93 Documents
<![CDATA[Bridging Legal Frontiers: Analyzing Interfaith Marriages between Indonesia and Thailand - An In-Depth Study of Marriage Laws ]]>
<![CDATA[Maylinda, Prisca Dwi]]>;
<![CDATA[Biantiputri, Resha]]>;
<![CDATA[Utami, Safira Maharani Putri]]>;
<![CDATA[Apriliyatiningsih, Wulan]]>;
<![CDATA[Simanjuntak, Cintya Hertiana]]>;
<![CDATA[Ramadhani, Dwi Aryanti]]>
<![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.v3i2.22457
<![CDATA[Interfaith marriages by Indonesian citizens are currently commonplace even though there are legal and religious regulations that prohibit this act. There are many ways that several parties are still trying to implement and legalize interfaith marriages. Like the case of the interfaith marriage of artist Vidi Aldiano's brother, who got married at the Thai immigration office while maintaining their respective religions. Therefore, this research aims to discuss and analyze: (1) Perspectives of Indonesian Marriage Law and Thai Family Law regarding Interfaith Marriages and (2) Comparison of Registration of Interfaith Marriages in Indonesia and Thailand. This research is normative juridical research with a statutory approach, a comparative approach and a conceptual approach. The research results show that in Indonesia, interfaith marriages held abroad are the authority of the judge to decide whether the marriage is in conflict with the law or not. Meanwhile in Thailand, there are no specific regulations regarding Thai citizens who will enter into marriages abroad with people of different religions. Apart from that, it is necessary to update the Indonesian Marriage Law which specifically regulates the provisions for interfaith marriages as well as adding provisions for interfaith marriages held outside Indonesia as well as harmonizing the Administering Law with the Marriage Law in order to produce laws that do not overlap. In this case, the role of the Indonesian Ulema Council together with the Ministry of Religion is needed optimally to resolve the still confusing issue regarding the legality of registering interfaith marriages, both those held abroad and within the country.]]>
<![CDATA[Legal and Social Impact of the Community on the Suspension of Waqf Land Executions: A Study of Balung Tombs ]]>
<![CDATA[Rizqia, Inki]]>;
<![CDATA[Usman, Suparman]]>;
<![CDATA[Dwisvimiar, Inge]]>
<![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.v3i2.21721
<![CDATA[The Cilegon Religious Court suspended the enforcement of the Supreme Court's decision number 185 K/Ag/2020, which has permanent legal force (res judicata/inkracht van gewijsde). This proves that it is difficult for the public to obtain justice due to the lengthy legal process. This study aims to determine the legal and social impact of the community on the suspension of execution and to explain the community's efforts to obtain rights to the waqf land of the Balung tomb. This type of research uses normative-empirical law through a case study approach. Sources of data used were primary data and secondary data with data collection techniques from interviews and literature studies, which were analysed qualitatively. The findings of the research show that: (1) The legal and social impact of the community on the suspension of enforcement to the waqf land of the Balung tomb , because in the cassation decision number 185 K/Ag/2020, stated the waqf pledge deed number W2/238/02/Year 2013, which became the basis for managing the land for the Balung tombs and making certificates (land books) was declared no longer valid, so there was no guarantee of certainty regarding the status of the Balung tomb as land replacement land for tombs waqf owned by the community. On the other hand, there is a social impact on the community in terms of material and immaterial losses. (2) The community's efforts to obtain land rights to replace the community's waqf graves have been made through the judiciary, government, and waqf related agencies in cilegon city, but no resolution has been reached. the respondent of the execution remains in control of all the objects of execution.]]>
<![CDATA[Sociological Study of Islamic Law on the Phenomenon of the Gredoan Tradition in the Osing Banyuwangi Community ]]>
<![CDATA[Wagianto, Ramdan]]>
<![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.v4i1.23720
<![CDATA[This article discusses the phenomenon of the gredoan tradition that occurs in the Osing Banyuwangi community. This tradition, which is usually carried out on the eve of the Prophet Muhammad's birthday, is used as an opportunity for young people or widowers and widows to find a soul mate or life partner. The aim of this research is to find out and describe the phenomenon of the gredoan tradition in the Osing Banyuwangi community and the sociological perspective of Islamic law in looking at the tradition phenomenon that occurs. The research method is qualitative, using a sociological approach and Islamic law. The results of the research show that the Gredoan tradition can be said to be a local ta'aruf which uses the basis of customs and culture in the Osing Banyuwangi community. This gredoan tradition is carried out on the eve of the birthday of the Prophet Muhammad SAW. The process is first, young men or widowers carry out gridu on women using sodho or sticks which are then inserted into the hole in the wall of the gedheg. Then the woman who was grieved will respond by breaking the sodho or returning the sodho. The gesture of breaking the sodho means acceptance and returning the sodho contains a gesture of rejection. Second, is ngeleboni, as an attempt by the male perpetrator to stay in touch with the woman's parents. Third, munggah kawen is the stage that is the peak goal of gredoan. The Gredoan tradition is classified as urf sahih. This is because in this tradition there are no deviations from the Quran and Hadith, in fact this tradition can bring benefits to society in the context of finding a soul mate.]]>
<![CDATA[Governance Unveiled: Jeremy Bentham's Legal Philosophy in Government Policies through the Bantuan Langsung Tunai (BLT) Program for Village Funds ]]>
<![CDATA[Noorsanti, Inggal Ayu]]>;
<![CDATA[Yudhanti, Ristina]]>
<![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.v3i2.22435
<![CDATA[Jeremy Bentham's theory of utility, one of objectives of the law is to provide the maximum benefit to the community. The flow has the principle that humans will take actions to get happines and reduce suffering Benefit Theory can be used as a reference in every policy issued by the Government. Policies must truly provide benefits to the public and not cause harm to society. One of the Indonesian government's policies is Direct Village Fund Cash Assistance to minimize the impact of Coronavirus Disease 2019 (Covid-19) on village communities, then these benefits can be used as a tool to rebuild the welfare of village communities in the economic sector. To solve this problem, the author uses analytical descriptive methods. The results of this research is to indicate that the relevance of the benefit theory initiated by Jeremy Bentham to the Indonesian government's policy of Village Cash Direct Assitance is that if the benefit theory is applied to the policy, it will provide happiness and benefits for the community which will ultimately lead to development. welfare of life, especially village communities who are the target group for the Village Cash Direct Assitance program.]]>
<![CDATA[Strengthening Dewan Kehormatan Penyelenggara Pemilu RI Institutions in the Indonesian Constitutional System ]]>
<![CDATA[Akbar, Kurniawan]]>;
<![CDATA[Suartini, Suartini]]>;
<![CDATA[Suparji, Suparji]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i2.28704
<![CDATA[DKPP RI to align its secretariat with the KPU RI and Bawaslu RI. Through several stages, namely first stabilizing human resources or employees, at least stabilizing staffing needs. This research uses a normative juridical method that examines the law in its position as a norm (das sollen), a statutory approach and a conceptual approach. The results of this research improve the institution of DKPP RI so that its secretariat is on par with the KPU RI and Bawaslu RI. Through several stages, namely first stabilizing staffing needs. As well as fulfilling the budget allocation at least in accordance with the Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 67 of 2020 concerning the Strategic Plan of the Ministry of Home Affairs for 2020-2024. Furthermore, after there is stability in staffing and the budget, you can then propose to the DPR RI or the Government to revise the law on elections or make changes to the election law to strengthen the institution of the DKPP RI, namely inserting an article regarding the DKPP Secretariat General as a state civil servant with the position middle school seniors who are appointed and dismissed by the President on the recommendation of the DKPP.]]>
<![CDATA[Uncovering Ronald Tannur's Acquittal: Circumstantial Evidence as a Starting Point for Reforming Criminal Evidence System ]]>
<![CDATA[Ladro Kusworo, Daffa]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i2.28582
<![CDATA[The acquittal of Ronald Tannur sparked a polemic due to the dismissal of the combined charges filed by the Public Prosecutor. The judge's consideration that acquitted the defendant of all charges was based on the fact that when the incident took place there were no witnesses or CCTV footage proving that the defendant's actions resulted in the loss of the victim's life. Apart from violations of the code of ethics by judges, the Panel of Judges should be able to use circumstantial evidence as in Decision Number. 777/Pid.B/2016/Pn.Jkt.Pst Jessica Mirna case. Thus, based on this momentum, there is a need for the legality of circumstantial evidence as a reform of the criminal evidence system in Indonesia. This research method uses a doctrinal approach that refers to applicable laws and regulations and conceptual accompanied by literature studies in the form of books, journals, and other literature. The results showed that circumstancial evidence is nothing but evidence that assesses indirect evidence that does not stand alone, but is based on concrete legal facts and is linked to the sharpness of analysis and conscience of the Panel of Judges. However, the Criminal Procedure Code has never based the use of circumstantial evidence, so it should be a question of how judges can declare the existence of indirect evidence as something that is valid and can be commonly used when litigating. Based on the principle of legality, it is possible that the defendant Jessica could not be found guilty because the doctrine of such evidence has never been recognized in Indonesian legal institutions, especially in statutory regulations. Conversely, Ronald Tannur's acquittal could have been interpreted as in accordance with the corridors of the law because the use of the evidentiary system was in accordance with the technical procedural law. The judge may be said to have crossed the line of demarcation from what should be enshrined in the law because it contradicts Article 183 jo. 184 Paragraph (1) KUHAP because there were no direct witnesses who actually saw the murder committed]]>
<![CDATA[Legal Protection of Abortion Perpetrators Due to Rape Crime in the Renewal of Criminal Law in Indonesia ]]>
<![CDATA[Nabilla, Adinda]]>;
<![CDATA[Rinwigati Waagstein, Patricia]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i2.28834
<![CDATA[This research aims to analyze the legal protection of abortion perpetrators as a result of criminal acts of rape in the context of criminal law reform in Indonesia. Rape crimes are increasingly receiving public attention, with a significant increase in both number and impact. On the other hand, abortion as a social phenomenon continues to raise complex issues in the fields of medicine, law and ethics. Legally, abortion is considered a criminal offense, but there are exceptions in certain cases, such as for rape victims. This research takes a normative approach by analyzing current legal provisions, such as Article 428 of the Health Law and Article 116 of the Government Regulation on Health, which stipulate that abortion can only be performed in medical emergencies or for rape victims. The research findings show that although Indonesian law provides room for abortion in cases of rape, existing procedures are still limited and need to be reformed to provide better legal protection for victims. The conclusion of this research is that further revision of Indonesian criminal law is needed to ensure clearer and more effective protection for rape victims who are forced to have abortions.]]>
<![CDATA[Legal Effectiveness of Neglect of the Elderly in Batam City: Challenges and Solutions ]]>
<![CDATA[ratama, Jovan P]]>;
<![CDATA[Nurlaily, Nurlaily]]>;
<![CDATA[Tan, Winsherly]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i2.28943
<![CDATA[Elderly neglect is a serious problem in Batam City triggered by rapid economic growth and changes in social life patterns. This research highlights the phenomenon of neglect of the elderly by families in the context of rapid economic growth and changing patterns of social life in Batam City. This research aims to explore and analyse how effective the law in Batam City is in protecting the elderly from family neglect; what is the phenomenon of neglect of the elderly by families in Batam City in the context of rapid economic growth and changing patterns of social life; and what solutions can be proposed to improve legal protection for marginalised elderly in Batam City. The research method used is qualitative research method, in this case the data obtained through face to face interviews with Orphanages and Hospitals in Batam City which will be reviewed through literature research and analysed juridically qualitatively. This research examines Law No. 13 of 1998 on the Welfare of the Elderly, Law No. 39 of 1999 on Human Rights, Law No. 23 of 2004 on the Elimination of Domestic Violence, Government Regulation No. 43 of 2004 on the Implementation of Efforts to Improve the Welfare of the Elderly and Regional Regulation of Batam City No. 4 of 2017 on the Implementation of Regional Health. The results show that the change from multigenerational families to nuclear families has reduced attention and care for the elderly, and law enforcement constraints, such as limited resources and the complexity of neglect cases, are serious challenges that need to be overcome.]]>
<![CDATA[Hand in Hand is it Possible? The Bilateral Agreement on Traditional Fishing Rights Between Indonesia and Malaysia in the Natuna Sea ]]>
<![CDATA[Anom, Surya]]>;
<![CDATA[Sitamala, Afandi]]>
<![CDATA[ Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/sjp.v4i2.29629
<![CDATA[Indonesia's 1983 bilateral agreement with Malaysia, ratified by Law Number 1 of 1983, addresses Malaysia's recognition of Indonesia's Archipelagic State regime in exchange for Indonesia's acknowledgment of Malaysia's traditional rights in territorial seas and archipelagic waters between East and West Malaysia. While this agreement establishes Indonesia's sovereignty, it has significant drawbacks, particularly for Indonesia's traditional fishermen. The provisions allow Malaysian fishermen to exploit Indonesia’s Natuna Sea, often exceeding agreed boundaries and using modern fishing methods, undermining Indonesia's legal and ecological interests. This research employs normative juridical methods to critically evaluate the agreement's implications on Indonesia’s maritime sovereignty and traditional fishing rights. The study concludes that despite the agreement's validity, its implementation faces challenges, including non-compliance with national laws. The research highlights the urgency of revisiting and renegotiating the agreement to protect Indonesia's maritime resources, uphold its legal regime, and secure equitable outcomes for local fishermen.]]>
