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[Regulasi Hukum Terhadap Keterlibatan Korban Tindak Pidana Penyelundupan Manusia ]]>
<![CDATA[Hana Farah Dhiba]]>;
<![CDATA[Sabinadevi Sabinadevi]]>
<![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.v4i2.5628
<![CDATA[This study aims to analyze the legal regulation of victims who are involved in the occurrence of people smuggling by looking at the forms of participation and the relationship between the perpetrator and the victim. The method used in this research is a qualitative descriptive method with a normative legal approach. The research was conducted by collecting facts of events in the field and analyzing them on the basis of the applicable laws and regulations. The results of the study conclude that victims of criminal acts of human smuggling can be subjects to legal proceedings. That is due to the human smuggling offenses or passive assistance with the severity of which is in accordance with the form and extent of their actions in realizing the crime.]]>
<![CDATA[Perlindungan Hukum Bagi Kurir dalam Sistem Cash on Delivery Belanja Online ]]>
<![CDATA[Riska Natagina Putri]]>;
<![CDATA[Siti Nurul Intan Sari Dalimunthe]]>
<![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.v4i2.5643
<![CDATA[This study aims to find out the legal position of the couriers in online shopping activities, especially in the payment method of COD (Cash on Delivery); the legal protection that can be given to the COD couriers; and the legal protection for the couriers who encounter buyers who default and refuse the goods they ordered. The method used in this research is the normative juridical method by examining library materials or secondary data sources, namely laws and regulations, books, and legal studies. Based on this method, the research was conducted using a statutory approach and a case approach. The results show that the legal position of the couriers in the online shopping with COD method of payment is as a recipient of a deposit, as a person who represents a freight forwarder in carrying out the power of attorney from the seller, and as a recipient of payment from the buyer. The legal protection that can be given to the couriers is ensuring that the couriers are not responsible for any discrepancy or damage to goods that are not caused by his mistake or negligence.]]>
<![CDATA[Peran Negara dalam Perlindungan Konsumen Muslim di Indonesia ]]>
<![CDATA[Mabarroh Azizah]]>
<![CDATA[ Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) 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.v4i2.5738
<![CDATA[This article aims to describe the state’s role in guaranteeing and protecting Muslim consumers in Indonesia to obtain halal products. This article is a normative legal research which is conducted by exploring principles and norms. The conclusion of this article is that the role of the state in protecting Muslim consumers from prohibited products can be seen from two perspectives, namely the Islamic perspective and the Indonesian constitution perspective. From an Islamic perspective, this protection is obligatory, as well as in the perspective of the Indonesian constitution that the role of the state in facilitating Muslim consumers in obtaining halal products has been described in Article 29 of the 1945 Constitution of the Republic of Indonesia which is a justification of the state's role in ensuring the protection of Muslim consumers from products that are forbidden. This is a public interest to create a welfare state.]]>
<![CDATA[Pengelolaan Sumber Daya Air Berbasis Kearifan Lokal Sebagai Modal Untuk Pembangunan Berkelanjutan ]]>
<![CDATA[Annisa Weningtyas]]>;
<![CDATA[Endang Widuri]]>
<![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.v5i1.6074
<![CDATA[Through local wisdom, indigenous peoples in Indonesia could survive the various water resource crises they face. This study aims to investigate the relationship between local wisdom and sustainable water resource management, as well as challenges to the existence of the local wisdom in managing water resources. This study implements normative legal research method, with a normative juridical approach. Data are collected from Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) and Law Number 17 of 2019 concerning Water Resources. The data are analyzed in a qualitative juridical manner. The results of the study conclude that UUPPLH and customary law have the same goal in providing protection for environmental management. Environmental issues should be addressed integrally, comprehensively, and holistically, so that technical aspects of operations, regulations, institutions, financing, and community participation are needed. In addition, preventive efforts are carried out through regional regulations as an elaboration and explanation of statutory regulations by taking into account the characteristics of each region; while repressive efforts in the context of enforcing environmental law require serious efforts by involving all law enforcement officers.]]>
<![CDATA[Perlindungan Hukum Terhadap Informasi Iklan Yang Menyesatkan ]]>
<![CDATA[Wahyu Prabowo]]>;
<![CDATA[Kurnia Tri Latifa]]>;
<![CDATA[Rr Yunita Puspandari]]>
<![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.v5i1.6184
<![CDATA[This study aims to examine the existence of misleading advertising information reviewed from the law perspective as well as the role of the government in providing legal protection to consumers. This study implemented conceptual and legal approaches. The results of the research show that advertisement is stated to be misleading if it violates Article 9 of The Consumer Protection (UUPK). As for the legal consequences, the advertisment’s owners may be subject to administrative, criminal, civil, and additional penalties. Consumers who suffer from misleading advertising information receive preventive legal protection in the form of making legal rules that guarantee legal protection and supervision of customers. In addition, consumers also get repressive legal protection through the courts of the justice so that costumers can file claims to the court or through channels outside the court thant are managed by The Consumer Dispute Settlement Board (BPSK). Based on the research results, its concluded that forms of misleading advertisements are misleading, deceptive, omission, and puffery. Businesses that are dishonest in advertising their products will be subject to sanctions. The advertising legal protection is contained in the UUPK, KUHPer, and the 2020’s Amendment of Indonesian Pariwara Ethics.]]>
<![CDATA[Pancasila Perspective on the Development of Legal Philosophy: Relation of Justice and Progressive Law ]]>
<![CDATA[Wawan Andriawan]]>
<![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.v5i1.6361
<![CDATA[The development of philosophical science spreads to aspects of the operation of law along with the dynamics of human civilization. However, this philosophical concept must be filtered with the essential values, including Indonesia. This is because the fusion of philosophical ideas with elements as stated in the state constitution of a nation must be interpreted and crystallized in various legal products issued by a government. This study aims to describe the Pancasila perspective on the development of legal philosophy in Indonesia and analyze the meaning of 'justice' from a progressive legal perspective. This research is legal research using a conceptual approach and legislation. The legal materials used in this research are primary legal materials and secondary legal materials. These two materials are considered to examine the legal issues raised in this research. The result of this study is that the philosophy of law in Indonesia is based on the precepts of all the principles in Pancasila. Pancasila is actually in line with the flow of legal philosophy, namely Sociological Jurisprudence. This departs from the three dimensions of Pancasila, which is oriented to give birth to harmony from the implementation of rights and obligations in every existing legal subject. Then, the concept of progressive law provides the view that Justice is more oriented as substantive Justice, not procedural Justice. This is because Justice is the essence of the law itself; so that Justice cannot be calculated mathematically, cannot be interpreted purely textually, or can only be said to be 'fair' when there are two people who have the same share as others.]]>
<![CDATA[Konsep Moderasi Pidana Mati RKUHP dalam Perspektif HAM dan Kepentingan Negara ]]>
<![CDATA[Triantono Triantono]]>;
<![CDATA[Muhammad Marizal]]>
<![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.v5i1.6399
<![CDATA[The debate over the imposition of the death penalty has long existed between the Abolitionists and Retentionists. The core problem of the debate is that the death penalty intersects with human rights and the interests of the state in maintaining public order. Indonesia, which chooses to apply the death penalty, cannot be separated from these two problematic aspects. This study aims to answer two problems: first, the death penalty debate in Indonesia including its historical aspects; second, the concept of middle ways (moderation) of the death penalty in the Draft of the Criminal Code (RKUHP). This is a normative legal research in which data are collected through library research on legal materials. The gathered data are analyzed in a qualitative description to answer the problems posed in the research. The results of the study show that the death penalty has become a part of the history of Indonesia due to the complexity of the legal system in Indonesia which is influenced by the Dutch, local custom, and Islamic legal systems. The concept of a middle way (moderation) of the death penalty in the RKUHP has placed the death penalty not as a principal penalty but is specific and alternative. Its implementation is also carried out after the probationary period. This is an interesting concept to bridge the death penalty debate in Indonesia. However, there are still problems related to changes to the death penalty, clemency issues, the length of delay in the death penalty and institutions that can amend the death penalty. In addition, there are also problems in determining the death penalty as a result of very serious crimes, because the indicators of most serious crimes have not been determined in a harmonious and consistent manner.]]>
<![CDATA[Interpretation of Public Figures in Indonesian Law Number 7 Of 2012 Concerning Handling Social Conflicts in The Perspective of Legal Certainty ]]>
<![CDATA[Rayno Dwi Adityo]]>
<![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.v5i1.6402
<![CDATA[Handling social conflicts can involve elements of the community, one of which is the involvement of community leaders as part of peacemakers and their position is recognized in the law on handling social conflicts. However, the definition of community leaders is still not clear. This article aims to analyze the meaning of community leaders in the law for handling social conflicts in terms of the principle of legal certainty. This article is based on normative juridical research with a literature research scheme. The result shows that the formulation of the concept of understanding community leaders has not fulfilled the element of legal certainty. A clear definition of community leaders will help determine the extent to which the limits of their authority are protected by law. This study also offers additional materials for those who have the authority to be able to make efforts to improve.]]>
<![CDATA[Penegakan Hukum terhadap PT Rayon Utama Makmur Akibat Limbah Tekstil yang Merugikan Warga ]]>
<![CDATA[Widya Ayu Nirmala Sari]]>
<![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.v5i1.6423
<![CDATA[Based on the 1945 Constitution Article 1 paragraph 3, Indonesia is a state ruled by law since the constitution of Indonesia incorporated several legal systems. The law should be fair, impartial to those in power and not intimidate the weak. However, the law is often misused and traded for the interests of those in power. This study aims to find out how the law is enforced against PT Rayon Utama Makmur that has harmed local residents for causing environmental pollution as a result of the textile factory activities. Data are collected from literature. The theory used is the conflict theory of Karl Marx given that there was a conflict of interest between PT Rayon Utama Makmur and the local residents. The results of the study indicate that the law enforcement against PT Rayon Utama Makmur is still very weak. After being proven to have polluted the environment by dumping the factory waste into the river thus endangering the health of the residents, PT Rayon Utama Makmur did not receive any significant sanctions so that it did not cause a deterrent effect for the company. The weak law enforcement for PT Rayon Utama Makmur caused injustice for the residents. And that gradually triggered a conflict between the residents and the company.]]>
<![CDATA[Realizing Welfare State and Social Justice: A Perspective on Islamic Law ]]>
<![CDATA[Agus Riwanto]]>;
<![CDATA[Sukarni Suryaningsih]]>
<![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.v5i1.6430
<![CDATA[The function of the state in exercising power is to ensure social justice for its people. To make it happen, efforts are needed to explore the concept of statehood. In its development there are two concepts of statehood, namely the welfare state and liberal states or capitalism state. Both are different and tend to be contradictory. This article aims to study and explore about Maqashid As-shari'ah (the principles or purposes of Islamic law) in order to bridge the conflict between the two concepts of statehood. The method used is socio-legal research, which is legal research using interdisciplinary. Data is obtained from the library or library recearch. The results showed that the concept of the welfare state demands the role of the state in distributing socio-economic justice, while the concept of a liberal state marginalizes the role of the state in the distribution of socio-economic justice and submits to market mechanisms. In state practice the concept of a liberal state defeats the concept of a welfare state. As a result the function of the state shifted towards the market and turned its face into an inhuman capitalist economy. Islam can be used as a solution and bridge the conflict between the two concepts of statehood. By placing the politics of Islamic law based on the Maqasid asy-Shari'ah as the solution, namely putting the principles of shari'ah economy in the form of banning usury, prioritizing justice, togetherness and prudence which in practice can be a Shari'ah business, as reflected in Law Number 21 of 2008 concerning the Development of Shari'ah and the principle of good governance according to Shari'ah in the form of shiddiq (honest), istiqamah (firm in the establishment), fathanah (intelligence: ratio, taste and divinity), trust (accountability).]]>
