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INDONESIA
Supremasi Hukum: Jurnal Kajian Ilmu Hukum
Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta
ISSN : 23021128     EISSN : 27234207     DOI : https://doi.org/10.14421/sh
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 12 No. 1 (2023): Supremasi Hukum" : 6 Documents clear
How Could Judges Ignore the Audi Et Alteram Partem Principle in a Criminal Case Trial? Hidayat, Raihan Akbar; Hidayat, Beni; Kodio, Ahmed Hedieloum
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2943

Abstract

In a judge's decision, legal considerations aim to delve into the facts revealed at trials based on the audi et alteram partem principle, which must exist and become a foundation. The philosophy of the audi et alteram partem principle is essentially the values of justice and balance. In applying the audi et alteram partem principle in a criminal case, although the judges have judicial power, they should consider the evidence and facts that are not only submitted by the public Prosecutor but also have to consider the evidence and facts submitted by the defendant. In decision Number 123/Pid.B/2022/PN Yyk, the panel of examining judges rejected the explanation of the witness a de-charge  which was not based on a clear reason, so it was felt that the panel of judges examining the case did not consider the explanation of the witness which was mitigating for the defendant and violated the principle of audi et alteram. Therefore, this study aims to elaborate on how the judicial panel examined the case by applying the audi et alteram partem principle. To answer these legal issues, this study uses combined research methods of normative and empirical data with data collection methods by conducting interviews and literature reviews as well as using descriptive qualitative data analysis methods. The result of this study showed that the judicial panel examining case number 123/Pid.B/2022/PN Yyk did not consider the audi et alteram partem principle for the judgment because the judges were not balanced by only considering the prosecutor's explanation and rejecting the testimony of the defendant's witnesses and ignoring material truth of defendant's proof.
Legal Politics of Social Workers Law as an Advocacy Effort of Social Workers Yasir, Al-; Haq, Muhammad Izzul; Ma’mun, Sukron; Prasetyo, Fitri Nur Aini
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2929

Abstract

As the organizer of the realization of social welfare, the state has not been able to optimally overcome social changes, which have an impact on increasing the number and complexity of social welfare problems. With the arguments of humanity and the principle of mutual cooperation, some parties help the government, then are called social workers. To ensure their existence, social worker organizations in Indonesia initiated the formation of the Law on the Social Worker Profession. Law Number 14 of 2019 concerning Social Workers was formed. After the birth of this Law, some questions emerged whether the Law provided solutions to the problems faced by social workers in assisting social welfare, or with this Law, the state would be out of hand and emphasize the resolution of social problems to social workers. This study described the legal political conditions for forming this Law. This study answered the politics of the formation of Law Number 14 of 2019 and the challenges for Social Workers in Indonesia after the birth of the Law. Answering those problems, this study used—statute approach, historical approach, and conceptual approach, strengthened by some literature related to Law and social workers. Besides that, this study also used protection theory to assess the Law. This study also compared some regulations in some countries regarding social workers in some cases. In short, this study found that the strong historical background, the long existence of social workers in Indonesia, and the need for legal protection and certainty have become the reason for establishing Law No. 14, 2019. However, after the birth of the Law, challenges arose for social workers where their actualization was not easy and limited according to their profession and education. In addition, it is alleged that the Law could lead to malpractice because there are no sanctions. While in Australia, and USA, social worker laws give more space for social worker. 
Application of the First-to-File System in Preventing Passing Off Actions against Registered Mark Holder Wibowo, Sigit; (郑实), Zheng Shi; Linh, Le Thi Khanh
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2988

Abstract

Applying the "First-to-File" principle impacts the first trademark user and the owner who has not yet registered. Another party previously registered the Mark can replace the true trademark owner. It will harm the brand owner who has previously run a business using that brand name. On the other hand, the first-to-file principle means the state should not provide registration for a mark that has similarities with the Mark submitted earlier of similar goods/services, but in this case, the Ministry of Law and Human Rights cannot cancel a registered mark. So passing off actions against registered Mark could occur. This research examines and analyzes the legal protection for registered trademark owners regarding applying the first-to-file principles for those who pass off a registered mark. The research uses a normative juridical research method. The approach is the statutory and case approach, and it uses qualitative analysis methods based on data and substance from various literature such as books, journals, scientific papers, laws, and regulations. This research shows that the form of legal protection for registered trademark owners is related to applying the First-to-File principles to the passing of other parties. It is based on the case analysis of the Supreme Court decision, which stated that the Plaintiff (holder of the Iwan Tirta mark) is the sole legal owner and rights holder of brands that have a dominant element using the word "Iwan Tirta" in all Classes registered, and cancels or declares null and void with all legal consequences the registration of the registered "Pusaka Iwan Tirta & Logo" Mark, as well as punishes the Defendant (PT Pustaka Iwan Tirta) to pay court costs. It means legal action in the form of a lawsuit to the Commercial Court, based on the new Decision, can be used to cancel the registered Mark.
Legal Problems in Determining Factual Actions as Dispute Object of the State Administrative Court in Indonesia Fadillah, Nor; Hariyanto, Hariyanto; Mourtadhoi, Abdallah
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2949

Abstract

This study’s aim is to analyze how the concept development of State Administrative Decision (KTUN) in Indonesia. It is also to analyze the legal problems of determining factual actions as the dispute object in the Administrative Court because, after the promulgation of Law Number 30 of 2014 concerning Government Administration, there are some legal effects, especially after the emergence of factual action term as renewal. This study is normative research on the rules or the Law itself and the principle of positive Law by making legal materials the object of study. The approach used in the study is the approach of legislation and conceptual approach. The research data needed in this study is through the method of literature or documents and analyzed in a descriptive-qualitative way. The results showed that the KTUN before the Law Number 30 of 2014 is a written determination issued by a state administrative body or official containing administrative legal acts based on applicable laws and regulations, which are concrete, individual and final, giving rise to legal consequences for a person or civil legal entity. While the KTUN after the renewal is a written determination that includes factual actions, decisions of bodies and/or state administration officials in the executive, legislative, judicial, and other state administrations, based on the provisions of legislation and the General Principles of Good Government (AUPB), and final in a broader sense give decisions could have the potential to cause legal consequences, and/or could apply to citizens. The renewal is to cause problems such as chaos from the meaning of terminology, for example, the use of the term decision and or action. In addition, there is no specific explanation, so it is feared that legal norms are ambiguous, especially for judges in examining cases related to factual actions.
Religious Rights and State Presence in John Locke's Liberalism Perspective (Reflections on the 1984 Tanjung Priok Case) Salsabila, Orchida Nadia; Ghofur, Nilman; Mujib, M. Misbahul
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2957

Abstract

Upholding human rights as a part of international law without the presence of the state would seem impossible because the state is an essential element of international law. What is interesting is what happened in the 1984 Tanjung Priok Indonesia case, where human rights violations occurred because of the state's presence. The question is, how should the state's presence be? This study reflected on the 1984 Tanjung Priok case as a lesson on how countries should be involved in religious rights so as not to injure human rights. Answering that question, this study used a normative approach and John Locke's theory of liberalism. Furthermore, this study found that during the New Order era, the state's presence in civil rights was too deep, especially those related to religious rights. The presence of the state is indeed important, but the presence of the state, which is very dominant for reasons of political stability by depriving people of the right to practice their religion, cannot be justified. In addition, it is also unacceptable if the state reduces civil rights because of religious considerations. Although it is difficult, if the state has a certain ideology or religion, the state should not harm individual rights, including the rights of other religions and the religious rights of its citizens that are different. The state must not interfere too deeply or get too involved in its own ideology/religion, which then prohibits the religious rights of adherents of other religions who are its citizens.
Regulate or Prohibit: a Review of Hidden Prostitution Law Enforcement Policies in Indonesia Mahardika, Eriana; Garduño, Lizette Ramos; Dar Nasser, Montaser Faris
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2969

Abstract

Prostitution is an act that is contrary to the norms that exist in society because this act can cause unrest in the community and disrupt the order of life in the surrounding community. Prostitution deviates from the norms of decency where a woman or a man sells himself to get satisfaction from lust. Prostitution is spreading rapidly in Indonesia. Many prostitutions are committed under the guise of, among others, Reflexy Massage Parlors, Beauty Salons, and SPA. This study is motivated by the problem of the practice of hidden prostitution under the guise of these business premises in Indonesia, especially the Sleman Regency area, which are almost entirely unexposed and untouched by law enforcement officials but have the potential for negative impacts on society both socially, psychologically, religiously and culturally. This article aims to find out how law enforcement is against the hidden practice of prostitution under the guise of massage parlors, salons, and spas in Indonesia, especially in the district of Sleman. This study combined field and library research, using an empirical juridical approach with a descriptive-analytic method to explain the data. It also used legal system theory to analyze. This study showed no clear and specific regulations that regulate or prohibit prostitution firmly. So far, the Police and Civil Service Police Unit (Satpol PP) have enforced the law based on Regional Regulation No. 15 2012 concerning Tourism Business Registration in Sleman. However, the participation of every stakeholder in society with local wisdom that has existed so far is expected to create legal awareness about hidden prostitution.

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