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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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Artificial Intelligence Policy in Promoting Indonesian Tourism Jaelani, Abdul Kadir; Luthviati, Resti Dian; Siboy , Ahmad; Al Fatih, Sholahuddin; Hayat, Muhammad Jihadul
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 1 (2024) 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.v7i1.10623

Abstract

Artificial intelligence changes how tourist destinations operate, provides better service to visitors, and provides long-term benefits for local communities and the environment. However, it is essential to question whether governments can effectively resolve data privacy and cybersecurity challenges when deploying these technologies. This study aims to analyze issues related to the role of artificial intelligence policy in promoting Indonesia's digital tourism. This research employs a normative legal approach, drawing from both statutory and historical sources. This research concludes that Indonesia promotes artificial intelligence in tourism by investing in AI technology research and development, collaborating between the government and the private sector to implement AI solutions, and establishing a supportive regulatory framework to ensure the ethical use of AI in tourism. The impact of digitalization policies on digital tourism includes increasing accessibility and convenience for tourists through online ordering systems and digital payment methods, developing smart destinations with Internet of Things technology and data-based insights, and enhancing tourist experiences through augmented reality applications and virtual reality.
Ius Constituendum Regulates the Cadre-Based Recruitment of Candidates for Members of the House of Representatives Through Political Parties Mukhlis, Muhammad Mutawalli; Ruslan, Achmad; Wahid, A.M. Yunus; Ilyas, Anshori; Wahab, Harlida Abdul
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 1 (2024) 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.v7i1.10830

Abstract

This study seeks to examine the challenges associated with cadre-based recruitment of the House of Representative candidates by political parties and to propose ideal frameworks for such recruitment. The current processes of political party recruitment are not comprehensive and encounter philosophical, sociological, and juridical issues. Philosophically, recruitment practices and orientations differ widely among parties, with some adopting populist methods and others being controlled by party elites. Sociologically, a feudalistic political culture ties parties to certain figures, promoting a pragmatic approach aimed at winning elections rather than ensuring candidate quality. Juridically, while Law Number 2 of 2011 mandates democratic cadre recruitment, Law Number 7 of 2017 on General Elections lacks clear requirements for nominating cadres, resulting in inconsistencies between the laws. This research employs a normative legal methodology, incorporating conceptual, statutory, and comparative approaches. The study involves analyzing regulatory documents, books, journals, and other relevant scholarly works to explore how legal provisions are implemented in society. The findings indicate that problems in cadre-based recruitment arise from ambiguous principles and orientations in regulations. Future arrangements should prioritize party ideology and orientation, drawing on practices from Malaysia and the United States. It is crucial to establish statutory principles for political party cadre and recruitment, focusing on character, utility, ideology, vote balance, democracy, transparency, justice, and equality.
Implementation of Tax Incentive for Micro, Small, and Medium Enterprises at Special Economic Zone in Indonesia Kaharuddin, Kaharuddin; Minollah, Minollah; Cahyowati, RR.; Nurbani, Erlies Septiana
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) 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.v7i2.11056

Abstract

Implementing tax incentives for micro, small, and medium-sized enterprises (MSMis) is an important strategy in supporting economic growth, especially in developing regions. The study focuses on the application of tax incentives in the Mandalika Special Economic Area, Central Lombok Regency as a one of represtative of special economic zone ini Indonesia, designed to strengthen the local MSMEs sector. The study aims to assess the effectiveness of tax incentives given to MSMEs to support business development and improved economic well-being in the region. Interviews with stakeholders, such as MSMEs entrepreneurs, government officials, and taxpayers, form the basis of the methodology. In addition, the study also examines secondary data from financial reports and relevant economic statistics. The research findings show that the implementation of tax incentives in the Mandalika Special Economic Zone has had a positive impact on MSMEs growth, increased capital accessibility, and expanded local enterprises' market share. However, it is needed to address some challenges in understanding incentive policies and administrative procedures. To maximize benefits for MSMEs, the study recommends increased socialization and training on tax incentives, as well as simplification of administrative processes. Thus, it is expected that tax incentives can be more effective in boosting economic growth in the Mandalika Special Economic Zone and contribute significantly to regional economic development.
Cultural Heritage Protection and Revitalization of its Local Wisdom: A Case Study Kartono, Kartono; Fadilah, Muhammad; Yuliantiningsih, Aryuni; Thakur, Anupriya
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) 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.v7i2.11281

Abstract

Banyumas Old Town, once the capital of the district, is home to numerous historical buildings recognized as cultural heritage or potential cultural heritage sites. Since 2010, this area has been designated as a protected zone focused on environmental preservation. This research aims to describe and analyze the policies implemented for the preservation the historic buildings in Banyumas Old Town, as well as to identify and address the challenges faced in the preservation efforts. Utilizing legal research methods, particularly a case study approach, the study employs qualitative analysis. The data include secondary sources, comprising both primary and secondary legal materials. Additionally, field data were collected through observations and interviews. The findings indicate that the revitalization plan for Banyumas Old Town has been successfully implemented. Key action include designating the Banyumas sub-district as a protected area, conducting an inventory of suspected cultural heritage objects (ODCB), officially recognizing cultural heritage sites, and securing funding through the local government budget (APBD). These policies are formalized through the establishment of regional spatial planning and cultural heritage regulations. The primary obstacle to protecting cultural heritage buildings is the significant number of sites that have been privatized, alongside the limited opportunities for transferring cultural heritage or ODCBs that have received government renovation support following the revitalization of Banyumas Old Town.
Why Constitutional Courts Back Death Penalty? Insights from Indonesia and South Korea Omara, Andy; Rahman, Faiz
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) 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.v7i2.10773

Abstract

This article explores the paradoxical affirmation of the death penalty by the Constitutional Courts in Indonesia and South Korea, despite constitutional guarantees for the right to life and the fundamental right of human dignity. Through historical and content analyses, it explores how these courts interpret these rights in relation to the death penalty and why they affirm it constitutional. Both countries recognise the nonderogable nature of these rights, yet their Constitutional Courts allow for legal restrictions. Constitutional Court’s decision to impose limitations on nonderogable rights demonstrates their preference for maintaining a cautious and conservative approach. The examination of Constitutional Courts’ decisions reveals that the debate over the death penalty’s constitutionality extends beyond legal considerations, involving political dynamics and historical factors. This article underscores the complex interplay between constitutional guarantees, judicial interpretation, and sociopolitical contexts in shaping the countries’ human rights protection trajectories, especially in the context of nonderogable rights. It also highlights the crucial role of Constitutional Courts in safeguarding the right to life, as their decisions can significantly impact human rights protection in these countries.
Effectiveness of Criminal Offense Law Regarding Illegal Levies: Reforming Social Organizations within the Indonesian Legal Framework Helmi, Muhammad Ishar; Pujiyono, Pujiyono; Zada, Khamami; Rambe, Mara Sutan; Sahid, Mualimin Mochammad
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) 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.v7i2.10882

Abstract

The widespread occurrence of illegal levies suggests that the current laws are ineffective in addressing extortion practices by mass organizations. This ineffectiveness stems from inadequate supervision of youth organization activities, insufficient transparency in financial transactions, and weak enforcement measures against organizations engaging in extortion. Actions taken by these organizations, such as coercing traders for illegal levies or soliciting donations, constitute criminal offenses under Article 368, paragraph (1) of the Criminal Code and are further underscored in Article 59, paragraph (2) of the law on Mass Organizations. This article aims to examine the challenges posed by the ineffectiveness of existing laws concerning criminal offenses related to illegal levies perpetrated by mass organizations and their members. The research employs a normative legal analysis, focusing on applicable legal rules and various doctrines to address specific issues. The methodologies utilized include statutory and conceptual approaches. The findings indicate that the current mass organization law is ineffective and requires revision, particularly regarding legal frameworks governing donation requests (illegal collections) made through coercive means. The sanctions imposed on mass organizations engaged in these practices are not criminal, rendering them ineffective. This article proposes the revision of Law No. 16 of 2017, which stipulates government regulations, to replace Law No. 2 of 2017, thus amending Law No. 17 of 2013 concerning community organizations.
Cryptocurrency as a Medium of Rupiah Exchange: Perspective Sharia Islamic Law and Jurisprudential Analysis Asyiqin, Istianah Zainal; Akbar, M. Fabian; Beltrán Genovés, Manuel
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) 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.v7i2.10975

Abstract

The rapid advancement of the digital age has driven significant developments in payment systems, influencing financial decisions and fostering economic activity. This study explores the use of cryptocurrencies as digital currencies in financial transactions, particularly in the context of investments, while assessing their compatibility with Islamic law. Employing a normative legal approach and a descriptive-analytical method, the research examines legal principles and facts concerning cryptocurrency regulation in Indonesia. The findings reveal that, despite the potential benefits of cryptocurrencies, their usage remains contentious from both regulatory and Islamic law perspectives. In Islamic law, cryptocurrency transactions are classified as haram lighairihi due to elements of uncertainty (gharar) and speculative risks, making them non-compliant with Sharia principles. As a solution, this study proposes a framework for integrating cryptocurrency exchanges with Rupiah transactions in accordance with Sharia economic principles. This integration aims to mitigate risks while maintaining the flexibility of digital transactions, ensuring they align with both regulatory standards and Islamic legal frameworks.
Ethno-Political Dynamism and Its Role in the Development of Indonesian Islamic Banking Law Dahlan, Ahmad; Voak, Adam; Chin, James; Mariyani-Squire, Edward; Aprianto, Naerul Edwin Kiky
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) 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.v7i2.11077

Abstract

Studies on Indonesia's political conditions during the New Order until the 1990s reveal a significant shift in political dynamics, transitioning from a stance largely closed to Islamic interests to one that increasingly accommodated Islam through specific policies. This article aims to determine the influence of the ethnopolitical dynamics of Islam formed by the New Order on the development of Islamic banking law and its impact on the financial sector in Indonesia. Through a historical and contextual literature review, supplemented by interviews, it was observed that ethnopolitical dynamics significantly influenced the evolution of Indonesian banking law during and after that period. The influence of Islamic ethnopolitics, particularly in academic circles, has increasingly emerged as a dynamic force in facilitating the development of Islamic banking in Indonesia, underscoring the numerous challenges encountered in achieving market acceptance. Although its growth has not met market expectations, ethnopolitically, Islam continues to lobby for Islamic banking regulations. Furthermore, since 2019, the role of ethnopolitics has continued to realize policy and regulatory responses aimed at encouraging the growth of Islamic finance in Indonesia.
The Evolution and Implications of CSR in Indonesian Tobacco Companies: A Bibliometric Analysis Based on Business Law Theory Suparnyo, Suparnyo; Zamroni, Edris; Kartiko, Ari; Kasheem, Majdy
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) 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.v7i2.12029

Abstract

Corporate Social Responsibility (CSR) is part of a company's responsibility in ensuring the welfare of the surrounding community. Even so, CSR from the cigarette industry contains many dilemmas both from the social, health and legal aspects that cover it. This research aims to determine research trends regarding the CSR paradigm from the cigarette industry as well as the business law perspective that is the legal basis. The method used is bibliometric analysis using the R Studio and Biblioshiny applications. The main database used is scopus.com from the year 1992-2024. The results found 36 publications that studied the CSR theme of the cigarette industry. The main focus of the study is still within the scope of the dynamics of the tobacco industry and the human and health side of the industry. There are only 9 articles that discuss CSR in the cigarette industry and 7 articles that discuss the legal ethics of implementing CSR in the cigarette industry. Not only has a study been conducted on the business legal side of CSR in the cigarette industry. This is a huge opportunity for future researchers to conduct a more comprehensive study in order to get a complete view of the legal aspects in implementing CSR in the cigarette industry both in Indonesia and in the world.
Democratic Values ​​in Nagari: An Analysis on Electoral System Shifts in One Province of Indonesia Yarni, Meri; Prasna, Adeb Davega; Yetniwati, Yetniwati; Saputra, Beny
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) 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.v7i2.12106

Abstract

The Nagari system, a traditional form of regional government in Minangkabau, has historically employed a direct election method that empowers community members to elect their leaders. This model of participation aligns with the democratic values enshrined stated in the 1945 Constitution and the principles of human rights. However, a 2018 regulation altered this process, transitioning the selection of Nagari leaders from direct community engagement to an indirect election facilitated by the Nagari Traditional Council (KAN). This change was justified as a means to prevent the election of leaders who do not reflect the community’s values. This article seeks to identify the most effective democratic framework for village communities, particularly Nagari societies. The primary issue at hand is the shift from direct democracy to representative democracy in the election of Nagari leaders, instigated by Regional Regulation Number 7 of 2018. Utilizing normative legal research methods, this study emphasizes that the new regulation risks undermining democratic values ​​by restricting direct voter engagement. The findings suggest that these modifications to the electoral process weaken the foundational principles of democracy in Nagari by curtailing direct community participation, a vital aspect of local governance and social cohesion. Therefore, it is essential to reevaluate these regulations to safeguard the democratic rights and participatory traditions of the Nagari community, ensuring alignment with constitutional principles of direct democracy and comprehensive citizen involvement.

Page 13 of 17 | Total Record : 165

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