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
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155 Documents
<![CDATA[Penyelenggaraan Pemerintahan Daerah dalam Urusan Konkuren Bidang Pelayanan Dasar di Kota Serang ]]>
<![CDATA[Rizki Ramadhan Faisal]]>;
<![CDATA[Aidul Fitriciada Azhari]]>
<![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 ]]>
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DOI: 10.24090/volksgeist.v4i1.4800
<![CDATA[This article aims to identify and describe problems regarding the implementation of local government in concurrent affairs of the basic services in Serang. Basic services based on Law Number 23 of 2014, include: a. education; b. Health; and c. Social. This article formulates the following problems: 1. What are the problems in Serang?, 2. What factors that influence the implementation of local government in education, health, and social affairs in Serang?. The author identifies four main problems: a. The condition and availability of regional infrastructure is not optimal; b. lack of innovation and low competitiveness of the regional economy; c. The implementation of governance is not yet optimal; and d. The implementation of local government in education, health and social affairs is not yet optimal. This research uses analytical descriptive research. Based on the four problems mentioned earlier, the local government should immediately design and reorganize priority scale programs in the Regional Development Work Plan (RKPD). It is hoped that it will have good impact toward the community and the implementation of local government based on the principles of good governance.]]>
<![CDATA[Problematika Pembentukan Regulasi Di Indonesia Dalam Hal Perencanaan Pembentukan Regulasi Dengan Perencanaan Pembangunan Daerah ]]>
<![CDATA[Anggita Yudanti]]>;
<![CDATA[Wicipto Setiadi]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 5 Issue 1 (2022) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v5i1.4973
<![CDATA[In the context of development, laws and regulations are also a means to support the realization of development goals. The focus of this research is what makes regulations in Indonesia still problematic and what actions must be taken so that the regulatory planning and the regional development planning can be carried out carefully so as to produce good legal products. The method used in this research is a normative approach. Primary data are collected from legislation while secondary data are from books, journals and legal articles. The data are then analyzed in a qualitative descriptive technique. The results found that legislative planning and development planning are not integrated so that they are not synchronized and harmonious because there is a separation of schemes; there is a tendency for excessive formation of Ministerial regulations; and the weakness of the planning institutions for the formation of Governmental and Presidential Regulations. Efforts to synchronize the planning system between the center and the regions are needed so that the regulations formed run systematically and sustainably.]]>
<![CDATA[Kajian Hukum Terhadap Efektifitas Perkuliahan di Tengah Pandemi Covid-19 ]]>
<![CDATA[Daud Rismana]]>;
<![CDATA[Hajar Salamah Salsabila Hariz]]>;
<![CDATA[Fenny Bintarawati]]>
<![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 ]]>
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DOI: 10.24090/volksgeist.v5i1.5137
<![CDATA[Law is a set of rules that exists in society to create order. Law is created by humans and for humans. As such, it should be able to humanize humans. Law must be present in the midst of any social circumstances, including once when Indonesia was hit by the COVID-19 pandemic. The emergence of the COVID-19 should be immediately addressed by issuing a policy to regulate lectures during the pandemic so that they can still run effectively as they should. This research implemented a descriptive qualitative method. Data and information related to the effectiveness of lectures in legal studies during the pandemic were collected. The data were then presented in words and analysed in a comprehensive description. The results show that the lectures during the pandemic had not been effective for many limitations experienced by students and lecturers. Furthermore, from a legal perspective, there are no clear rules/policies in regulating how lectures are conducted in the midst of the COVID-19 pandemic so that they can run effectively.]]>
<![CDATA[Peran dan Fungsi Pos Bantuan Hukum (Posbakum) Pada Pengadilan Agama Biak Kelas IIB ]]>
<![CDATA[Iryana Anwar]]>;
<![CDATA[Muslim Lobubun]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v4i2.5184
<![CDATA[This study aims to examine the role and function of the legal aid post (Posbakum) at Biak’s Religious Court Class IIB according to the the national supreme court decree Number 1 of 2014. This study took place at Biak’s Religious Court. The study used an empirical juridical approach. Data were collected through field observations and interviews with research respondents. Data analysis was carried out in a qualitative descriptive manner. The results showed that the implementation of the legal aid post at Biak’s Religious Court in providing services for the poor in general had been carried out very well according to the national supreme court decree Number 1 of 2014, but the community still had difficulties because of the unavailability of direct assistance by officers. it is feared that those who receive legal services will fall into the category of those who are financially able to pay for an advocate given that there are no regulations that stipulate the restriction or criteria for people who are financially incapable of paying for advocate services. This research is expected to provide information for the people of Biak in particular, and people outside Biak in general regarding the benefits of legal aid services for the lower-class community.]]>
<![CDATA[Urgensi Pemisahan Penyelenggaraan Pemilihan Umum Serentak Nasional dan Lokal ]]>
<![CDATA[Sirajuddin Sirajuddin]]>;
<![CDATA[Febriansyah Ramadhan]]>;
<![CDATA[Ilham Dwi Rafiqi]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v4i2.5224
<![CDATA[This paper aims to evaluate the simultaneous elections and view the legal politics of separating the implementation of the simultaneous national and local elections for strengthening democracy in Indonesia. This study uses a normative juridical research method with a statutory and conceptual approaches. The results of the study show that the implementation of simultaneous elections in 2019 provided problems for organizers and voters. One of the suggestions for reforming the elections is to separate local and national elections. The the legal politics objectives of separating the elections consist of two, namely the level of organizers and voters as well as aspects of the election process and the quality of election results. This separation is expected to remove voter pragmatism, and focus more on the vision and mission of the candidates. Political parties will also carry out their functions optimally, be focused, and be able to carry out political education as they should.]]>
<![CDATA[Kebijakan Pemangkasan Struktur Birokrasi di Indonesia ]]>
<![CDATA[M Najibur Rohman]]>;
<![CDATA[Daud Rismana]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v4i2.5232
<![CDATA[This article aims to find out the policy formulation of reducing the bureaucratic structure in Indonesia and the impact that occurs as its result. This article is a literature research using literature review as a primary legal source supported by secondary data which is the result of implementing regulations in the field. The results of the study indicate that the formulation of the policy of reducing the bureaucratic structure in Indonesia is to eliminate echelon III to echelon V. The main purpose of this cut is to streamline government services through government employees (civil servants). As the impact, organizationally, this cut is not ideal because it is carried out in parallel with the preparation of SOTK. In terms of human resource management, this cut has an impact on the transfer of administrative officials to functional positions that are more competency-based or expertise-based.]]>
<![CDATA[Dinamika Hukum Keluarga Islam dan Isu Gender di Iran: Antara Pemikiran Elit Sekuler dan Ulama Islam ]]>
<![CDATA[Fathonah K. Daud]]>;
<![CDATA[Aden Rosadi]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v4i2.5258
<![CDATA[This article examines the dynamics of family law in the Islamic Republic of Iran where there are upheavals and struggles between the secular elites and ulama from 1927 to the present day. This study applied a library research by digging up information related to the theme of the study. The results of this study indicate that the Islamic Republic of Iran is dominantly Shia Imamiyyah (Jafari) but it also accommodates the Hanafi (Sunni) School in the field of marriage law. Iranian family law has gone through many changes. Since 1928 the issue of divorce and marriage which was originally regulated in Irans Qanun Madani came into force in 1930, the Marriage Law was then enacted in 1931. After three decades, in 1967 there was a reformation, the Marriage Law was replaced by the Family Protection act, then it was replaced with the Protection of Family in 1975. These laws are a combination of Islamic Law and French civil Jurisprudence, though they seem more secular. However, since the Iranian Revolution in 1979, these laws have been abolished and all laws in Iran have been returned to sharia law. As a result, the laws become repressive against women, except in the field of inheritance which provides gender equality. While there have been many highly educated women in Iran, since 2006 many women have filed for divorce. On the other hand, the practice of mutah marriage has begun to be abandoned and polygamy is opposed by the community.]]>
<![CDATA[Kedudukan Majelis Kehormatan Disiplin Kedokteran Indonesia dalam Penyelesaian Sengketa Medis ]]>
<![CDATA[Kastania Lintang]]>;
<![CDATA[Hasnati Hasnati]]>;
<![CDATA[Bahrun Azmi]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v4i2.5267
<![CDATA[This article aims to analyze the position of the Indonesian Medical Disciplinary Board (MKDKI) in the settlement of medical disputes. This study uses a normative juridical research method with a statute approach and a conceptual approach. Medical disputes due to alleged violations of medical discipline should be resolved through the Indonesian Medical Disciplinary Board, however currently there are still medical disputes that are reported to the court without going through the Indonesian Medical Disciplinary Board. The results of this study show that, there is still legal uncertainty regarding the resolution of medical disputes between doctors and patients, because the word "can" contained in paragraph (1) of the regulation on medical practice could mean that the complaint to the Indonesian Medical Disciplinary Board may or may not be made. Whereas in paragraph (3) it is stated that it is possible to resolve medical disputes through the courts, which can cause medical dispute resolution to be carried out through the courts directly.]]>
<![CDATA[Kebijakan Moderasi Pidana Mati dalam RUU KUHP Perspektif Nilai-Nilai Pancasila ]]>
<![CDATA[Sugeng Riyadi]]>;
<![CDATA[Beny Timor Prasetyo]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v4i2.5329
<![CDATA[Draft Law on the Criminal Code (RUU KUHP) still gives place to the death penalty as a type of crime. This policy is in the line of the establishment of the Constitutional Court which considers the death penalty to be constitutional. Even though there has been a decision on the constitutionality of the death penalty, the polemic about its existence still continues. So that we do not sway with various opinions, it is necessary that the death penalty policy is viewed from the perspective of Pancasila, because Pancasila is a legal ideal and at the same time as a Fundamental Norm of the Unitary State of the Republic of Indonesia. This study aims to answer whether the death penalty moderation policy in the Criminal Code Bill is justified from the perspective of Pancasila or not. This research is a doctrinal legal research with a statutory approach, a conceptual approach and a philosophical approach. The results showed that the death penalty policy in the Draft Criminal Code does not conflict with Pancasila.]]>
<![CDATA[Pertanggungjawaban Hukum Terhadap Tindakan Malpraktik Tenaga Medis di Rumah Sakit ]]>
<![CDATA[Ismail Koto]]>;
<![CDATA[Erwin Asmadi]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi ]]>
Publisher : <![CDATA[Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia ]]>
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DOI: 10.24090/volksgeist.v4i2.5372
<![CDATA[This article aims to find out the legal arrangements and liability related to malpractice acts in hospitals. The liability for criminal acts of malpractice is currently an important spotlight because the legal rules governing it are still vague. This is because the qualifications of malpractice acts are not clearly stated in the legal rules. These malpractice acts cannot be seen solely from a scientific point of view, but from a legal perspective too. Malpractice acts contain criminal and civil elements, this should be considered so that each party does not give their interpretations according to their respective knowledges. The research method used in this study is normative juridical by applying library research and conceptual approaches which will then be analyzed using Wetsen Rechtshitorische Interpretatie, grammatical interpretation, and systematic interpretation. Since the independence time until now, Indonesia has experienced three times of the Health Law enactment. The regulations related to medical malpractice in the Health Law state that, in the event that health workers are suspected of negligence in carrying out their profession, the negligence must be resolved first through mediation.]]>
