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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Perlindungan Hukum terhadap Konsumen Produk Makanan yang Tidak Berlabel Halal di Daerah Istimewa Yogyakarta Tahun 2015
Umdah Aulia Rohmah;
Iswantoro Iswantoro
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta
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DOI: 10.14421/sh.v5i2.2015
The results showed that the majority of manufacturers micro and kecildi Special RegionYogyakartabelum have a halal certificate, some others even labeled halal themselves without acertificate of kosher and halal label does not list an official of BPJPH (Halal Product SecurityAgency). Efforts legal protection of the consumer by the government in food products that are notlabeled halal is to set up surveillance guarantees halal products, the issuance of an Act to regulate thecertification and labeling of halal, socializing, appeals or withdrawal of products that violate theprovisions of halal labeling, the establishment of the agency organizing halal product assurance, theestablishment of halal audit institution, formed auditor kosher, halal label the presence of officialand criminal sanctions for violating the provisions stipulated in the Act. Obstacles faced by foodmanufacturers in labeled halal is halal labels mandatory, but only a small part for businesses whoare conscious about the importance of label kosher, halal certification process complicated, difficult,cost factors and conditions and process that takes time old makes businesses reluctant to take care ofit. It is suggested to producers or businesses to pay attention to consumer rights. to consumers to bemore careful in buying food that is not labeled halal, to the government to seriously address the issueof halal labeling so that consumers' rights guaranteed.
Studi Kritis Pasal 51 Ayat (1) UU Nomor 24 Tahun 2003 Juncto UU Nomor 8 Tahun 2011 tentang Mahkamah Konstitusi terhadap Perlindungan Hak Warga Negara Asing di Indonesia
Proborini Hastututi
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta
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DOI: 10.14421/sh.v5i2.2014
The results showed that the test of a law submitted by one or more foreigners are nominallythey are not allowed to submit the test. It was grounded because of the applicant's judicial review isonly allowed for the individual citizen, even if the foreign national has reason violated hisconstitutional rights and existing laws are considered contrary or inconsistent with the 1945Constitution, but they are in formal examinations can not be used as an applicant. Thus, theexamination material also can not be examined by the Constitutional Court. Important to knowthat the constitutional rights originating from 1945 is not only owned by the citizen but alsoforeigners. Therefore, constitusional loss can also be experienced by foreigners. Additionally, refer tothe practices of the International that the constitutional and judicial practices of other countries donot close access to the constitutionality of laws concerning human rights which are universallyrecognized and protected, although limited to the rights which by their nature do not involve therelationship of citizens to the State.
Analisis Yuridis Cabang Pemerintahan Keempat “The Fourth Branch Of Government” dalam Struktur Ketatanegaraan di Indonesia
Tri Suhendra Arbani
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta
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DOI: 10.14421/sh.v5i2.2013
The development of the modern state system is also followed by the establishmentof new institutions as a support of the institutions that have been there before. The mostsignificant event in the development and establishment of institutions is the new powerbranch, which is called by the experts in constitutional as an independent statecommission. Independent state commission institution which, if seen from the characterand the authority, the agency in some literature in American constitutional law isreferred to as the fourth branch of power (The Fourth Branch of Government). Somethings that make this institution called the fourth branch of government (The FourthBranch of Government) is the fact that the agency, or commission or the state body runmore than one function of government as well. The existence of a fourth branch ofgovernment (The Fourth Branch of Government) with the characteristics of stateinstitutions whose authorities are quasi, combinations, as well as the accumulation ofthree existing government functions and make this institution to be difficult to identifyin thought Trias Politica. The phenomenon of the rise of an institution with a newconcept that has influenced the constitutional system in many countries.
Pelaksanaan Tugas Hakim Pengawas dan Pengamat Pengadilan Negeri Yogyakarta bagi Narapidana Penjara di Lapas Wirogunan dan Lapas Narkotika
Asep Ilham Taufiq
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta
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DOI: 10.14421/sh.v5i2.2012
The results showed that the implementation of the supervision and observation of some notexercised pursuant to Article 277-283 of Law No. 8 of 1981 on the Law of Criminal ProcedureCode (Criminal Code) and SEMA No. 7 of 1985 regarding Implementation Guidelines tasksSupervisory Judge and Observer, as well as with the provision that the exclusion of JudgeWASMAT in ketentua Act No. 12 of 1995 concerning Corrections, making Judge WASMATless performance. The pattern of coordination and support between law enforcement partners in theimplementation of the Yogyakarta District Court was minimal, forms of cooperation between theagencies in implementing the mandate to be not optimal and there has been no implementation of therules governing the monitoring mechanism on sanctions rehabilitation. The Supreme Court as thejudiciary function organizes the judicial authorities with the aim of enforcing the law and justiceshould immediately issue a policy that can be used as a legal basis for Judge supervisors and observers(WASMAT) in carrying out the supervision of the enforcement of rehabilitation, not to tendarrangement only serves to verdict judge to imprisonment only.
Politik Hukum Pengaturan Amandemen Undang-Undang Dasar Negara Kesatuan Republik Indonesia Tahun 1945
Nuraika Ishak
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta
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DOI: 10.14421/sh.v5i2.2011
The results showed that an amendment to the 1945 constitution can be categorized as one ofthe ways to realize democracy based on law. That the state of law and democracy are two differentconcepts of freedom. Amendments to the Constitution of 1945 NRI is a form of legal reform andalso a manifestation of the democratic state that aims to benefit the people at large. Political power iscrucial because it is a legitimacy for the authorities to be able to apply the rules. The relationshipbetween politics and law is a relationship that can not be separated. Legal and real politics as asubsystem of society is to be open, because it both affects and is affected olehsubsistem each other aswell as by the social system as a whole. Although the law and politics has the function andjustification are different, but the two are not contradictory. Law and politics contribute according totheir function to drive the social system as a whole. Political law used as instruments to be able tocontrol the running of the government.
Pelanggaran Persaingan Usaha dan Problematika Eksekusi Atas Putusan KPPU
Arifin Ma’ruf
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta
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DOI: 10.14421/sh.v5i2.2008
The genesis of Law No. 5 of 1999 on Prohibition Monopili and UnfairBusiness Competition is expected to be a solution to the problem of unfair businesscompetition that had been rife in Indonesia, the Commission dirikanya spirit in orderto "mensehatkan" business competition in Indonesia. Healthy competition would have apositive impact on entrepreneurs who compete against each other or compete as it maylead to efforts to increase efficiency, productivity, and quality of product produced. Theresults of this study show that the breach of competition rife in Indonesia is bid rigging,In addition there are the problems in the execution of the KPPU decision. This paperwill discuss the tender conspiracy that inhibit competition and problematic execution ofthe Commission's decision.
Implementasi Pembayaran Royalti dalam Perjanjian Lisensi pada Penerbitan Buku
Tri Aktariyani
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta
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DOI: 10.14421/sh.v5i2.2006
The results showed that the system of royalties on book publishing has fourelements, namely the elements of the subject between the author as creator and publisheras the copyright holder, elements of the agreement that the payment of royalties onpublishing a book based on the agreements set forth in the agreement in the form of alicense agreement. object elements are exploiting the economic rights over creative workssuch as books, element in the system of royalty payments of book publishing is doneaccording to the agreement. Supervision of the number of books published, printed andsold can not be much that can be done because the mechanism of publishing authors inthe book marketing is extremely complicated, in this cooperation kepercayaanlahfoundation. The process of transfer of rights to the publication of the manuscript done bythe author to different publishers to do that is the end of the book publishingagreements, tort, and begins with the selection of the type of agreement on transfer of acreation which Exclusive License Agreement, the Non-Exclusive License Agreementand the surrender agreement.
Kesiapan Pemerintah Kota Surakarta Dalam Menyiapkan Usaha Mikro, Kecil, dan Menengah (UMKM) Kota Surakarta untuk Menghadapi Masyarakat Ekonomi Asean 2015 Melalui Kebijakan Merek
Alexander A Kurniawan
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta
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DOI: 10.14421/sh.v5i2.2004
The study concluded that Law No. 20 Year 2008 on Micro, Small andMedium Enterprises (Act MSMEs) and Law No. 7 Thahun 2014 on Trade (Act ofTrade), Government Central Government and Local Government needs to empower theSMEs one aspect that needs to be done, namely aspect Trade Promotion whichregulates the ownership of the facilitation of Intellectual Property Rights in particular isa Trademark. Therefore, Surakarta or Solo as one of the regional government inIndonesia has also issued Regional Regulation No. 5 of 2014 About EmpoweringSMEs as a follow-up of the SME Act and the Commerce Act. But the Department ofCooperatives and SMEs as the official responsible for the empowerment of SMEsSurakarta do not have a specific policy to prepare SMEs in the face of MEA whichwill take effect at the end of December 2015 through the facilitation of the ownership ofIPR in particular the right to Brand. During this time, policy facilitation TrademarkRights in Surakarta is only intended for Small and Medium Industries (SMI) is notfor SMEs, facilitation was issued by the Department of Industry and Trade.
Perizinan Hotel di Dinas Perizinan Kota Yogyakarta Dalam Perspektif Good Governance
Nurainun Mangunsong
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta
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DOI: 10.14421/sh.v5i2.1996
This paper will examine the pattern of licensing policy and transparency. By using empiricaljuridical methods for the study of the results showed that administrative regulations and policiesbased on the Mayor and the Department of Licensing, the licensing policy patterns are in one townspatial layout system. That is, the hotel licensing should consider public spaces such as parking lots,green open spaces, access roads and transfortasi or mobility; social, economic, and health, especiallyhotel and water waste; and the construction of the addition of the road itself. Congestion be gaps inthe issue of granting the permit. On the other hand, the information service system through theInstitute of Integrated Services One-Stop Unit (UPTSA) with the licensing process remains in theagency/SKPD either conventionally or on-line (http://www.jogjakota.go.id., And http://perizinan.jogjakota.go.id), already provide services quickly and professionally. Ineffectiveness occurin the implementation of the technical authority on education and transparency of licensingverification and oversight of the hotel.
Tax Amnesty dan Implikasinya Terhadap Reformasi Perpajakan di Indonesia
Abdul Qodir Jaelani;
Udiyo Basuki
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta
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DOI: 10.14421/sh.v5i2.1994
This paper concludes the meaning of the juridical tax amnesty is the elimination of the taxowed should not sanction tax administration and criminal sanctions in the field of taxation, by wayof uncovering treasures and pay the ransom as stipulated in the legislation of tax amnesty. Remissionof taxes (tax amnesty) done on the type of income tax, value added tax and sales tax on luxurygoods. As for his relationship with the country's financial revenue receipts can be found in Article 1,Paragraph 1 of Law No. 17 of 2003 which states that the financial state has one of the definitionsand scope of that right of the state to collect taxes. Taxes are the backbone and the main source ofstate revenue that has contributed 84.9% of total state revenue. Second, the program remission oftaxes (tax amnesty) greatly affects the improvement of tax compliance (tax payers) and provides alast chance (one shot opportunity) for taxpayers who do onshore and offshore tax evasion with theprimary purpose as a vehicle for reconciliation national taxation for all potential taxpayers andsociety is expected to push tax reforms towards a more berkeailan tax system and the expansion ofthe data base of taxation more valid, comprehensive and integrated.