Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
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
Articles
155 Documents
<![CDATA[Hubungan Kewenangan antara Pemerintah Pusat dan Pemerintah Daerah Berdasarkan Negara Kesatuan Republik Indonesia ]]>
<![CDATA[Hariyanto Hariyanto]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 3 Issue 2 (2020) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (362.137 KB)
|
DOI: 10.24090/volksgeist.v3i2.4184
<![CDATA[This article aims to examines the implementation of government affairs. So that it excludes regiÂons to get involved directly and independently in order to manage and fight for the interests of theÂir regions. Therefore, the issue of authority relations is related to how to determine the houseÂhold affairs of the autonomous regions. Thus, the effort to find the ideal form of relationship between the center and the regions within the framework of a unitary state is not an easy problem to find. However, in the author's perspective, the relative autonomy model is a better choice of models to create a pattern of authority relations between the central government and regional governments]]>
<![CDATA[Law and Post-Truth: Critical Constructivism as an Ideal Legal Reasoning Method on Indonesia's Post-Truth Era Society ]]>
<![CDATA[Josua Navirio Pardede]]>;
<![CDATA[Piere Hugo Poluakan]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 1 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (499.701 KB)
|
DOI: 10.24090/volksgeist.v4i1.4202
<![CDATA[This article aims to look at the current reality, which is marked by the proliferation of post-truth phenomena in the community, marking the many developments in the views and perspectives of each individual who considers something as an absolute truth by shifting the existence of facts, data. , and reality. This is the reality of challenges in the current era, so that in responding to the challenges posed by the post-truth era, scientific frameworks, including law as one of the main components that interact directly with society must try to avoid the formation of analyzes that lead to absolute truth. This article is the result of legal research using secondary legal materials. The results show that, critical constructivism as a method of reasoning that determines the process of legal reasoning, is able to prove its never-ending thought process by placing a gap between materialism and idealism, and its epistemological aspects provide a simultaneous relationship between empiricism and rationalism. The results of legal interpretation through the pattern of critical constructivism will continue to be criticized as long as the results of the interpretation cannot show the truth, this process will obtain an analysis result that will never lead to the absolute truth inherent in post-truth. world.]]>
<![CDATA[Analisis terhadap Dualitas Peraturan Menteri dalam Sistem Peraturan Perundang-Undangan di Indonesia ]]>
<![CDATA[Irfan Ardyan Nusanto]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 1 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (522.42 KB)
|
DOI: 10.24090/volksgeist.v4i1.4245
<![CDATA[This article examines the duality of ministerial regulations in Indonesian regulation system based on their making authority sources according to Law No. 12 Year 2011 concerning Regulation Making Rules (UU P3). The approach methods used in this research are conceptual approach and statute approach. This article concludes there are two ministerial regulations which recognized as regulations by UU P3 that should be distinguished. Ministerial regulation which was made by higher regulations order (delegated legislation) could be categorized as an implementing rule (verordnung). Whereas, ministerial regulation which was made based on ministery position authority (inherent aat het bestuur) could be categorized as a beleidsregel, standing as policy rules. Though, the two of them were recognized as regulations, however, they have different design, background and character, thus, their substance, binding power, hierarchy position and review mechanism, were not the same. Therefore, ministerial regulation which was beleidsregel could not be applied as the same as implementing regulation (verordnung).]]>
<![CDATA[Dilema Hakim Pengadilan Agama dalam Menyelesaikan Perkara Hukum Keluarga Melalui Mediasi ]]>
<![CDATA[Erie Hariyanto]]>;
<![CDATA[Moh. Efendi]]>;
<![CDATA[Sulistiyawati Sulistiyawati]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 1 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (456.842 KB)
|
DOI: 10.24090/volksgeist.v4i1.4333
<![CDATA[This article aims to determine the role of judges in resolving family law cases through mediation in the Religious Courts, where judges have the position as state officials as regulated in Law Number 43 of 1999 concerning Basic Personnel, can also be a mediator in the judiciary. as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures where judges have the responsibility to seek peace at every level of the trial and are also involved in mediation procedures. The research method used in this article uses normative legal research methods. Whereas until now judges still have a very important role in resolving family law cases in the Religious Courts due to the fact that there are still many negotiating processes with mediation assisted by judges, even though on the one hand the number of non-judge mediators is available, although in each region it is not evenly distributed in terms of number and capacity. non-judge mediator.]]>
<![CDATA[The Development of Space Law: Applying the Principles of Space Law and Interpreting 'Peaceful Purposes' in the Outer Space Treaty 1967 ]]>
<![CDATA[Fradhana Putra Disantara]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 1 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (520.508 KB)
|
DOI: 10.24090/volksgeist.v4i1.4352
<![CDATA[This study analyzes the relevance of the proportionality, non-intervention, and unnecessary suffering principle's in the outer space perspective; and analyzes the 'peaceful purposes' at Outer Space Treaty 1967. This legal research uses primary and secondary legal materials to obtain an appropriate analysis of legal issues. This research states that the principles of international law must be applied in space activities by outer space actors. Furthermore, the ambiguity of the phrase 'peaceful purpose' in the Outer Space Treaty gives rise to different interpretations by each state. For this reason, a convention on outer space is needed to affirm the orientation of 'peace' in space activities.]]>
<![CDATA[Ketika Keamanan Privasi Data Pribadi Semakin Rentan, Bagaimana Negara Seharusnya Berperan? ]]>
<![CDATA[Zaid Zaid]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 1 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (512.985 KB)
|
DOI: 10.24090/volksgeist.v4i1.4492
<![CDATA[This article aims to determine the role and responsibility of the government in protecting personal data of all individuals, studied through normative research methods with a statutory and conceptual approach. The results of this study ultimately outlines what must be done by the government by forming law on personal data protection which guarantees its determination, implementation and supervision, forming its Sector Supervisory and Regulatory Agency, forming the Attorney General's Office to prepare a court that is responsive in handling personal data privacy violations.]]>
<![CDATA[Recall Referendum sebagai Alternatif Proses Penggantian Antarwaktu Lembaga Legislatif di Indonesia ]]>
<![CDATA[Muhammad Irfan Hilmy]]>;
<![CDATA[Trian Marfiansyah]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 1 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (516.595 KB)
|
DOI: 10.24090/volksgeist.v4i1.4515
<![CDATA[This article aims to provide democratic ideas related to the Intertemporal Replacement process and to find out about its less democratic practices so far. The research method used in this article is a normative juridical research method, with a statutory, case and conceptual approach. The purpose of this discussion is to analyze a memory process which is more democratic and more appropriate for application in Indonesia and to identify recall practices in Indonesia. The result of this study is that the recall process given to political parties only makes the recall instrument a tool for political parties in controlling their members in the legislative body as well as to scare their members who are against the policies of political parties. Things like this certainly hinder the development of democracy in the institutional system in Indonesia. This is shown from several recall cases which only for reasons contrary to political parties then expel their members from membership in the legislature. To change this practice, in this study, an interim replacement mechanism with a referendum recall process was initiated to involve the people in the process of dismissing members of the legislature so as to maintain the interests of political parties to remain democratic and prevent interim replacements from being used as weapons to frighten legislators. With the recall of the referendum, the people will be fully involved in the recall process so that the process becomes more transparent and democratic.]]>
<![CDATA[Problematika Persidangan Perkara Pidana di Masa Kahar ]]>
<![CDATA[Siti Sahara]]>;
<![CDATA[Nurasyiah Nurasyiah]]>;
<![CDATA[Liza Agnesta Krisna]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 5 Issue 1 (2022) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (331.76 KB)
|
DOI: 10.24090/volksgeist.v5i1.4629
<![CDATA[This study is aimed at finding a model for the implementation of online criminal trial after the publication of SEMA Number 1 of 2020. This is an empirical legal research. Interviews were done with related parties to find models for the implementation of online trials and the obstacles faced by law enforcement institutions. Online criminal trials are meant to keep the defendants from the possible spread of COVID-19 in detention centers or prisons. However, the trials are legally weak. Data collection techniques include interviews and observations. The interviews were conducted using free guided techniques. The findings show that there are differences in the implementation of online criminal trials because the procedural law mechanism policy is very dependent on the ability of each institution. These constraints caused unfair trials, in other words, violate the principles of fair trial.]]>
<![CDATA[Urgensi Pembentukan Undang-Undang tentang Majelis Permusyawaratan Rakyat ]]>
<![CDATA[Harry Setya Nugraha]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 1 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (508.874 KB)
|
DOI: 10.24090/volksgeist.v4i1.4660
<![CDATA[This article aims to answer the urgency of the formation of Law about MPR in the Indonesian constitutional system. This research uses normative juridical research method with statutory and conceptual approach, as well as a qualitative descriptive analysis. This article concludes that 1) the formation of law on MPR has philosophical, juridical, and socio-political urgency; 2) the process of forming the law regarding the MPR must pay attention to the process and the content of the formation of good laws and regulations as regulated in the legislations.]]>
<![CDATA[Legalitas Impor Vaksin Covid-19 Perspektif Maqashid Syariah ]]>
<![CDATA[Allina Mustaufiatin Ni'mah]]>;
<![CDATA[Syufa'at Syufa'at]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 1 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (604.482 KB)
|
DOI: 10.24090/volksgeist.v4i1.4695
<![CDATA[This article aims to determine the legality of importing Covid-19 vaccines by the Ministry of Health from sharia maqasid perspective. This article is a literature study using literature review as the primary legal source. The results of the study show that the legality of importing Covid-19 vaccines in maqshid sharia aims to make people believe and obey the government's vaccination program to decrease the spread of the Covid-19 virus and the death rate to protect the lives (hifẓ al-nafs) of the Indonesian people. The legality of importing the Covid-19 vaccine using salam contract mechanism is known to have unfulfilled conditions, namely the object specification requirements.The object specifications in this case include halal assurance, thayib and safety guarantees of Covid-19 vaccine products. Therefore, the audit process from BPOM and halal certification from MUI used as the basis for the legality of importing the Covid-19 vaccine, make the object specification requirements fulfilled. If in the process of importing the Covid-19 vaccine there is force majeure, the agreement can be renewed or canceled and if there is a dispute, it can be resolved through arbitration.]]>
