Supremasi Hukum: Jurnal Kajian Ilmu Hukum
The focus and scope of SUPREMASI HUKUM: Jurnal Kajian Ilmu Hukum are legal Science, including the study of Law issues in Indonesia and around the world, either research study or conceptual ideas. Generally we are interested in all law studies such as following topics Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedure Law, Commercial Law, Constitutional Law, International Law, State Administrative Law, Customary Law, Islamic Law, Agrarian Law, Environmental Law, Legal Theory and Legal Philosophy.
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<![CDATA[Kebijakan Tarif Poligami ( Studi Atas Peraturan Bupati Lombok Timur Nomor 26 Tahun 2014 Tentang Pelaksanaan Peraturaan Daerah Nomor 3 Tahun 2013 Tentang Lain-Lain Pendapatan Asli Daerah Yang Sah) ]]>
<![CDATA[Sahuddin Sahuddin]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i2.2009
<![CDATA[This study discusses polygamy rate policy set by the Regent of East Lombok asone revenue. It is known that Republk Unitary State of Indonesia based on Pancasilaand the Constitution of 1945, both of which are the basis of the highest in the stateconstitution Indonesia. After the reform in 1998, was born the Law No. 22 of 1999and Law No. 32 Year 2004 on Regional Government. This Act gives effect to theregions in Indonesia. So there is a new law called local regulations (Perda). The presenceof the executive branch and the legislature named regent named DPRD. The localgovernment tried to create legislation that is based on Pancasila and the 1945Constitution which considers the potential and regional interests necessarily. After doingresearch, we concluded that the East Lombok decree No. 26 of 2014 on theImplementation of Regional Regulation No. 3 of 2013 in accordance with the purposeof siyasah jurisprudence. Because the East Lombok Regent Regulation contains thevalues the benefit of society and the prevention of damage which are elements in thesiyasah jurisprudence. The regulation protects against women who do not want topolygamy]]>
<![CDATA[Peran Lembaga Bantuan Hukum Kampus di Perguruan Tinggi Keagamaan Islam Negeri dalam Bantuan Hukum Litigasi dan Non Litigasi terhadap Masyarakat Miskin ]]>
<![CDATA[Hariyanto Hariyanto]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i2.2005
<![CDATA[This study tried to determine the role of the two Legal Aid equally campusbased in its efforts to help the poor in legal aid in the field of litigation and nonlitigation. The study, which covered include the role of LPKBHI IAIN Walisongo andLKBH STAIN Purwokerto, case handling procedures, and constraints facedLPKBHI IAIN Walisongo and LKBH STAIN Purwokerto and strategies used toaddress them. This study used juridical empirical approach to comparative analysis.The findings of this study indicate that the difference between LPKBHI IAINWalisongo and LKBH STAIN Purwokerto. Among them are LPKBHI IAINWalisongo impure prodeo as ordered by Law No. 16 of 2011. LKBH STAINPurwokerto is still lacking good human resources, finance and facilities. Difference innumber of clients between the two Legal Aid Society very much, showing thatLPKBHI IAIN Walisongo more widely known by the public, it is believed in playingthe service function of law for the people. In the case, the Legal Aid is in principle thesame in terms of client service procedures both non-litigation and litigation. But in theactualization, LKBH STAIN Purwokerto still difficulties in maximizing its rolebecause it is hampered by many constraints both internal and external. WhileLPKBHI IAIN Walisongo, the problem is the performance of each division are lessthan the maximum, many administrators who served on the faculty, most of the board'slack of commitment. Meanwhile, the strategies used to overcome them; LPKBHIIAIN Walisongo build an extensive network with several organizations that producestrategic collaborations, the support of institutions that provided the impetus for gaitLPKBHI in giving legal aid. Average LKBH STAIN Purwokerto DIPA to requestfunds from the campus, asking for help Advocates from the outside (especially from thealumni).]]>
<![CDATA[Interaksi Konfigurasi Politik dan Hukum dalam Rancangan Perubahan Kedua atas Undang-Undang Nomor 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi ]]>
<![CDATA[Abdul Qodir Jaelani]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i2.2002
<![CDATA[This paper discusses the Configuration Interaction Politics and Law in theDraft Second Amendment Act No. 30 of 2002 on the Corruption EradicationCommission. Configuration Interaction is known in the Draft Political and LawSecond Amendment Act No. 30 of 2002 on the Corruption Eradication Commission.If you dig deeper, the rule of law-related legislation and a democratic politicalconfiguration, should the legislation will bring forth legislation that is aspiration. Infact, a lot of cargo Draft Second Amendment Act No. 30 of 2002 on the CorruptionEradication Commission is problematic (not aspiration) in the era of the democraticsystem of Pancasila.]]>
<![CDATA[Penegakan Hukum Tindak Pidana Kekerasan dalam Rumah Tangga (Studi Kasus di Polresta Yogyakarta Tahun 2011-2013) ]]>
<![CDATA[M. Jamil]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i2.2000
<![CDATA[This study discusses the law enforcement criminal acts of domestic violence,which is more specialized in Yogyakarta Police 2011 - 2013. The results show thatthe process of inquiry and investigations conducted by the Police Yogyakarta onumumya are in accordance with Law No. 23 of 2004 on the Elimination of DomesticViolence, Law No. 2 of 2002 on Police and other laws. There are some things thatneed to be improved as maximizing PKDRT socializing and working with agencies orinstitutions to minimize the occurrence of domestic violence. Factors that lead todomestic violence in the jurisdiction of Police of Yogyakarta that factors jealous, factorbecause it has a PIL / WIL (affair), economic factors, because of religious teachingsallow, the education factor is low, a factor for their early marriages, lack ofunderstanding of the religious affiliation , as well as the presence of a third party (theaffair)]]>
<![CDATA[Reformasi dan Perlindungan Hak-hak Tahanan dan Narapidana di Lembaga Pemasyarakatan ]]>
<![CDATA[Ach. Tahir]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i2.2017
<![CDATA[Prisoners under the law that undergoing criminal is the prisoners with noindependence in Prisons. The state's role in protecting the rights of detainees andcorrectional Prisoners as follows: performing worship according to religion or belief,getting treatment, both physical as well as spiritual care, education and teaching, gettinghealth care and decent food, making a complaint, obtaining materials reading andfollowing other mass media broadcasts which are not prohibited, receiving family visits,legal counsel, or other specified person, a reduction of the criminal (remission), getting achance to assimilate including holidays to visit family, getting parole and getting aheadof the holiday freely. Such rights must be given to the detainees and the Prisoners asnational efforts in rolling out protection for the rights of detainees and Prisoners. But theimplementation of such rights have not been exercised since the birth of the IndonesianGovernment Regulation No. 99 Year 2012 About Conditions and Procedures ofImplementation Team Building Correctional Rights. See the reality of the need toreform the bureaucracy in the Correction Board considering the habit of prolonging theprisoners in prison to prevent the granting of a Conditional Discharge (PB),assimilation, Holidays By Independent (CMB) and Visiting Family Leave (CMK)and lack of budget]]>
<![CDATA[Politik Hukum Mahkamah Konstitusi dalam Membatalkan Konsep Empat Pilar sebagai Upaya Mendudukkan Pancasila Sebagai Dasar Negara ]]>
<![CDATA[Udiyo Basuki]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i2.1993
<![CDATA[This paper is the result of research that has been overshadowed by the studyauthors theoretical and empirical, that Pancasila is the basis of the state and a source oflaw as stated in the Preamble to the Constitution of the Republic of Indonesia Year1945 fourth paragraph. In the system of legislation, Pancasila is the basic norm(staatsfundamental), successive later verfassungnorm 1945, grundgezetznorm or MPRdecrees, as well as gezetznorm or the Act. But in reality, the Pancasila likened hisposition and aligned with the 1945 Constitution, the Unitary Republic of Indonesia,Unity which was then called the "Four Pillars of Nation and State". Results penilitianfound that the political law of the Constitutional Court makes a decision positiveLegislature in Constitutional Court Decision No. 100 / PUU-XI / 2012, is part ofthe authority of the Constitutional Court that has 4 (four) authority and one (1) theobligations as set forth in Article 24C paragraph (1) and (2) 1945. In addition to astate institution guardian of democracy (the guardian of democracy) the ConstitutionalCourt as well as the protector of the state and legal sources. To support the political law,the Constitutional Court did various things, including the technical organization of thetrial. Position Pancasila as the state after the aborted phrase "four pillars of the stateand nation is" back Pancasila as the state not as the pillars of the nation as stated inthe fourth paragraph of the Preamble of the 1945 Constitution]]>
<![CDATA[Pengujian Sah Tidaknya Penetapan Tersangka dalam Kerangka Praperadilan ]]>
<![CDATA[Rizka Fakhry Alfiananda]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i2.1992
<![CDATA[A pretrial construction as it has been regulated in the IndonesianCriminalProcedure Code had instantly changed after the Constitutional Court decisionNumber : 21/PUU-XII/2014 that being announced on April 28, 2015. Thepretrial construction was initially authorized only to examine and decide the validity ofarrest and detention, the validity of investigation and prosecution termination, and thedemand for compensation or rehabilitation. The authority of the pretrial by a quodecision was then expanded by adding an examination on the validity of inquiry, thevalidity of confiscation, and the validity of suspect determination. Although a quodecision is reputed tohave exceeded the authority of the Constitutional Court because itis judged of creating a new norm, a quo decision remains final and tied so that it shouldbe considered as a complement to the Indonesian Criminal Procedure Code.]]>
<![CDATA[Peradilan Agama di Era Orde Baru dan Reformasi Suatu Studi Perbandingan ]]>
<![CDATA[Malik Ibrahim]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i2.1990
<![CDATA[This paper compared the condition of the Religious Courts in the New Orderwith the Reformation Order, especially the political dynamics in the New Order and thetime of the Reformation and its influence on the condition of the PA in Indonesia. Inhopes of getting the red thread of the results of these comparisons.The approach used inthis paper is the juridical and legal politics in order to test the thesis that the conditionof a democratic society will produce responsive laws or populistic, while the condition ofsociety restrictive laws will produce conservative or orthodox and elitist.As a result of this paper is that the condition of the Religious Courts in theNew Order to Reform Order appears to occur a significant difference, in the NewOrder because the politics are authoritarian, centralized and undemocratic then makethe Religious Courts as the judiciary is not independent and marginalized whencompared with other justice in Indonesia. While in the Era of Reform where the politicsare increasingly democratic and not centralized, the effect on the condition of theReligious Courts are increasingly developed and developing, both from the aspect ofjudicial and non-judicial, especially after the enactment of Law No. 4 of 2004 on thePrinciples of Judicial Power, Law No. 3 of 2006 on Amendments To The Law 7Year 1989 on PA and Law No. 50 Year 2009 concerning the Second Amendmentto Law No. 7 of 1989 on the Religious Courts.]]>
<![CDATA[Peradilan Desa Adat sebagai Instrument Integral Pembangunan Hukum Nasional Ditinjau dari Undang-Undang No 6 2014 Tentang Desa ]]>
<![CDATA[Nurdhin Baroroh]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i2.1989
<![CDATA[This article is based on research about representation of customary judicialpractice and customary law after Law No. 6/2014 About the Village. TheElimination of customary law from the national legal system was not able to remove thewhole customary judicial practice and customary law in social life. Customary justice isstill alive in the daily lives of indigenous peoples. This produces a gap between the legalrealities with reality arbitrate indigenous peoples. Law No. 6/2014 About theVillage will create a lot of consequences at the level of village government in the reestablishment of justice among indigenous villages. Article 103 paragraph “e” mentionsthat one of the responsibilities Customary Village is organizing the peace court assemblyIndigenous Village according to the provisions of laws and regulations. This is a freshwind to the development of village justice. The Article 18 B subsection (2) and Article28 subsection (3) in 1945 Constitution became evidence of the recognition and respectfor the rights of traditional customary law community unit should be derived in thelegislation under the 1945 Constitution. In accordance with the theory of the hierarchyof norms, so every rules or legislation should not contrary with the Basic Constitution,in this case is the 1945 Constitution. With the recognition of traditional rights oftraditional law community unit (including the prosecuting authority) in 1945Constitution, should the existence of customary justice also received recognition in thelaw. "Recognition" is meant here is the formal ratification of an entity (the traditionaljustice) which has a special status.]]>
<![CDATA[Hambatan dalam Proses Eksekusi Putusan terhadap Pemeliharaan Anak dalam Perkara Perceraian di Pengadilan Agama ]]>
<![CDATA[Retno Wulansari]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i2.1987
<![CDATA[This research aims to know about how the impediment that occurs in executionof the award against child maintenance in the matter of divorces in the religious courtand how the efforts taken to complete the obstacles in execution of the award againstchild maintenance in the matter of divorces in the religious court. The research isjuridical law normative research which research materials that looked at law such aslegislation, basis, the doctrine and other legal document. This research produce theconclusion that the impediments that obstruct execution of the award on childmaintenance in the matter of divorces in the religious court can divided into two namelyobstacles that are juridical as the absence of rules that is special and detail concerningthe execution of this type of and opposition parties termohon execution. Obstacles whichare non juridical is execution device is not ready yet and the object execution was the sonof as living creatures. Efforts to be performed in completing these constraints amongother increase professionalism of law enforcement, discovery of the law, used the aid of amediator and chairman of the court and execution devices must understand aboutproblems given for this dispute and conditions that occurred in the field.]]>
