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Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : 2615174X     EISSN : 26155648     DOI : https://doi.org/10.24090/volksgeist
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi has published by Sharia Faculty of UIN Prof. K.H. Saifuddin Zuhri Purwokerto. Volksgeist has a focus in publishing the research, and conceptual ideas which specific in the sector of Law science. The topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Constitutional Law, Islamic Constitutional Law, Criminal Law, Islamic Law, Civil Law, International Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Civil Procedural Law, Adat Law, and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 165 Documents
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What Does Financial Institution Termination of Employment Mean in Terms of Labor Law? Suwinto Johan; Luo Yuan Yuan
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.6372

Abstract

Termination of employment or layoffs hits workers’ psychological condition hard. Layoffs commonly occur and have raised concern in global community, especially in the financial industry. Various factors trigger layoffs, including actions from banks and the Covid-19 pandemic. In that era, banks faces risk such as triggering a decrease in financing, non performing loan and etc.This study discusses layoffs that occur in financial institutions using a normative juridical method. Primary data, secondary data and other data were collected and analyzed, which results showed that layoffs mostly occur following the declines in company performance and transactions occurring from corporate actions. The labor law guarantees workers under fixed-term employment contract to be entitled to the remaining term of his work agreement when layoffs occur. However, if the work contract is not extended, no compensation will be given. This scheme distinguishes permanent workers from contract workers.
The Responsibility to Protect (R2P) Concept as an Attempt for Protection of Human Rights in International Humanitarian Law Context Ibnu Mardiyanto; Hidayatulloh Hidayatulloh
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.7229

Abstract

The 20th century was marked by mass murder and crime to humanity, such as genocide, war crime, and ethnic cleansing, resulting in tens of millions of deaths throughout the world. While the objective of establishing the United Nations in 1945 aimed at preventing such crimes, mass murders kept on occurring, as the cases in Bosnia and Rwanda in 1990s. The responsibility to protect (R2P) concept emerged as a response to these failures, by proposing that the sovereignty of a country should be based on the responsibility to protect its citizens, rather than the right to take actions without any intervention from the international world. This research aims at exploring the R2P concept as an attempt to protect human rights in the international humanitarian law context by analyzing the relevant literature and legal norms to discover how this concept can be the basis for protecting human rights under conflict situation and four mass violations of human rights. It used normative legal research method based on international law framework. Two approaches were used, namely conceptual and comparative ones. The research results indicated that R2P concept was the best alternative for humanitarian intervention to protect mankind from such crimes as genocide, ethnic cleansing, and crimes against humanity. In an intra-country conflict, the international community was responsible through preventive and military intervention attempts. The R2P concept was also relevant in international humanitarian law since it gave a clear framework in protecting human rights and preventing mass crimes, especially in relation to the use of military power.
Justice Collaborator’s Position and Function on Witness Protection’s Rights as a Suspect from the Perspective of Criminal Law in Indonesia Ema Mar’ati Sholecha; Ahmat Saiful; Sheilla Yunika; Hariyanto Hariyanto; Norhaiden Unsil
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.7246

Abstract

To handle a specific criminal act, a justice collaborator is greatly required. The concept and term of justice collaborator is something new in Indonesia. This method is practically used to eradicate an organized crime. Both conceptual and statutory approaches were used in this research. Juridical-normative techniques were implemented to descriptively explain the existing problems. This research aimed to deeply and conceptually examine justice collaborator’s position and function in the perspective of Human Rights to protect and provide special treatments to the main actors in cooperating with law enforcement officials (justice collaborators) against an organized crime. The position of justice collaborator either as a witness or suspect to provide information in court and then used as a judge's consideration is to mitigate the sentence to be imposed. This collaboration can provide various benefits, so that law enforcement officials can fight against serious criminal acts. Thus, a justice collaborator has a specific rule (lex specialis derogerat lex generalis) to guide law enforcers, such as police officers, prosecutors, and judges to uncover a specific crime committed by a syndicate deliberately violating laws in very systematic and organized ways.
The Role of Aceh Local Parties in The 2024 General Election in Realizing Democratization Kharisatul Janah; Siti Fatimah; Hajar Salamah Salsabila Hariz
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.7532

Abstract

Regional head elections are political contests involving multiple pairs of candidates, and the winner of this election is determined by the majority of vote casted to them. Aceh is the only province in Indonesia that allows its citizens to form their own political parties. This study examines the role of local parties in Aceh in the 2024 general election in realizing democratization from a democratic perspective. Such a research is classified as normative juridical Law Research, which is research that uses intermediary legal materials in a broad sense, with an approach to laws, theories, concepts, and cases. The results of this research showed that Aceh local parties played some role in the 2024 General Election in realizing democratization, with 6 local parties planning to participate in the simultaneous elections/elections in 2024. Especially in Aceh, this proved that the juridical aspects of legislation governing local parties were still implemented and that the democratic values of popular sovereignty were still upheld. Nevertheless, their role, existence and accountability were currently declining, giving the national parties greater popularity and demand to the Acehnese community. This was because these local parties no longer had central figures who were able to develop democracy in Aceh.
Fulfilling Communal Rights through the Implementation of the Second Principle of Pancasila towards the Regulation on Agrarian Reform Kartika Winkar Setya; Abdul Aziz Nasihuddin; Izawati Wook
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.7867

Abstract

Fulfilling communal rights to customary lands has still become an unresolved polemic. As a country adhering to Pancasila ideology, all laws and regulations should embody in Pancasila, including regulation on Agrarian Reform. This research aimed to figure out the reduction of values found in the 2nd principle of Pancasila against the Presidential Regulation Number 86 Year 2018 concerning Agrarian Reform in the context of fulfilling communal rights of indigenous peoples to customary lands. The research used a normative-juridical method with both statutory and analytical approaches. This research specifically examined and analyzed the reduction of values in the second principles of Pancasila toward the regulation of agrarian reform in Indonesia. The data sources were in the form of secondary data to obtain objective research results including primary, secondary, and tertiary legal materials obtained through documents and literatures. The collected data were then qualitatively analyzed and presented in the forms of narrative text. By implementing the second principle of Pancasila, the communal rights to customary lands are fulfilled in Agrarian Reform and become the basis to strengthen the position of indigenous peoples in national legal system.
Evaluation of the Fulfillment of Political Rights for Persons with Disabilities to Welcome the 2024 General Election Wiwit Pratiwi; Sherly Nelsa Fitri; Zico Junius Fernando; Jaco Barkhuizen
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.7886

Abstract

2024 is the year of simultaneous general elections. All citizens can participate, and every vote counts, including that from people with disabilities. This paper aims to determine the fulfilment of the political rights of persons with disabilities in general elections in Bengkulu City to welcome the general elections to be held simultaneously in 2024. This legal paper used an empirical method with a qualitative approach by collecting primary data from persons with disabilities in Bengkulu City. In-depth interviews were used to find out the fulfilment of the political rights of persons with disabilities in the general elections in Bengkulu City. This paper concludes that the political rights of persons with disabilities in elections in Bengkulu City had not been fulfilled optimally. These rights included the rights to (i) be registered to cast a vote, (ii) access polling stations (TPS), (iii) cast their votes confidentially, (iv) receive information, including information about the elections, and (v) take part in elections. This was because the organizers, namely KPU, failed to play their role optimally. They failed because they had limited funding and persons with disabilities themselves were self-isolating and did not know their political rights.
Political Configuration of Electoral System Law in Indonesia from State Administration Perspective Saiful Risky; Sholahuddin Al-Fatih; Mabarroh Azizah
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.7940

Abstract

The massive number of money politic and clientelism cases occurring between legislative electoral candidates and the community should be eradicated, especially as the general election comes close. This article analyzed the causes of money politic and clientelism in the electoral system and which electoral system that Indonesia as a state should pursue in the legal political context. This normative juridical research discussed the subjects from the point of view of positive legal norms in Indonesia and focused on a statutory approach. The research data were collected by reviewing various literatures. From the research findings, it was concluded that the open-list proportional electoral system in Indonesia in Law No. 7 Year 2017 concerning General Election should be changed into a close-list one considering that the legal politic of the Law on General Election led to the many money politic cases occurring before and after the election. The Constitutional Court in its decision No. 144/PUU-XX/2022 rejected entirely the application for a change of proportional electoral system in the Law on General Election for many considerations and the upcoming general election in 2024 would still use the open-list proportional electoral system. Nevertheless, in the national legal political context, the party drafting the Law on General Election was authorized by the Constitutional Court to change the electoral system in the future on various requirements that they need to fulfill.
Constitutional Design of State Policy as Guidelines on Indonesia’s Presidential System Development Plan M. Wildan Humaidi; Inna Soffika Rahmadanti
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.7981

Abstract

After the 1945 Constitution amendment, there is a need to improve and rearrange Indonesia’s state administration system. That the State Policy Guidelines (GBHN), as a product of the People’s Consultative Assembly (MPR) Decree, is annulled has the national development planning and process lost their direction and had unclear goals. Therefore, this research elaborated further on the necessity of realizing state policy’s main points as guidance for development planning and offering ideas for the format of the presidential system design regulation following the Indonesia’s post-reform constitution. This conceptual research used a comparative constitutional approach to find an appropriate and applicable model in Indonesia context. The existing models were explored, mapped, and formulated for the most feasible model suitable for Indonesia. This study found the need for the 1945 Constitution amendment agenda to accommodate state direction as the Directive Principles of State Policy (DPSP) concept in the 1945 Constitution of Republic of Indonesia, and for President and the Constitutional Court to support the accountability and enforcement of state laws in governmental administration.
Assessing the Impact of Electronic Court Systems on the Efficiency of Judicial Processes in the Era of Digital Transformation Djamaludin Djamaludin; Muhammad Fahruddin Aziz; Yanuriansyah Ar-Rasyid; Iskandar Ali As-Sayyis
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.8082

Abstract

The E-court system promotes the transparency and efficiency globally, however, the Eastern Indonesian courts face challenges due to infrastructure and literacy. Nonetheless, its benefits are crucial for the justice system modernization. This study evaluated the E-court system’s effect on the judicial process’s efficiency in the Religious and District Courts of Biak Numfor using a quantitative research methodology. A survey was conducted on 100 respondents to assess the user satisfaction and system effectiveness, especially in remote areas. The data were analyzed using descriptive analysis and simple linear regression, which will provide valuable insights. The findings indicate that the E-court system significantly and positively affects the judicial process’s efficiency, and users found it efficient, user-friendly, reliable, secure, and satisfactory. While the quantitative approach provides valuable insights, it also has limitations. Therefore, the study suggests that a qualitative approach could provide a deeper understanding of how information technology affects the justice system. The research results can be useful to the courts in other areas that are considering implementing comparable technologies to enhance process efficiency and user friendliness. In conclusion, the E-court system is a promising technology that can significantly improve judicial process’s efficiency and effectiveness. However, further research is a necessity to understand how information technology affects the justice system, and a combination of quantitative and qualitative approaches may provide a more comprehensive understanding.
Legal Protection for Wife and Child as Consequence of Head of Family’s Criminal Imprisonment Enforcement Rini Fitriani; Liza Agnesta Krisna; Muhammad Natsir; Zulfiani Zulfiani
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i1.8232

Abstract

One area of increasing narcotics distribution and abuse was the coast of East Aceh, Aceh Province. This led to heads of household becoming prisoners. The head of household’s imprisonment directly affected their families’ welfare. The wives would be forced to replace the heads of household’s role despite their limited education, skills and capital for performing business. This research aimed to examine the protection for women (wives) and children; and the effort local government could do to legally protect these wives and children. This was juridical empirical research, which aimed to study the prevailing provisions of law what occurred factually in the community. Protecting and securing wife and child’s welfare due to head of household undergoing imprisonment was the state’s obligation through local government to prevent non-optimal fulfillment of wife and child’s rights. Protection efforts were done to satisfy wife and child’s welfare by allocating certain fund in specific-purpose aid for child’s education and welfare other than the Social Department’s BLT (cash transfer) aid. Geuchik (head of village) were to proactively coordinate with the PPPA department of East Aceh Regency in managing special aid to fulfill the wives and children’s welfare in a situation of case a quo.

Page 10 of 17 | Total Record : 165

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