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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. 2 (2023): Supremasi Hukum" : 6 Documents clear
Traditional (Culinary) Markets as A Tourist Village during The COVID-19 Pandemic and Post-COVID-19 Period: A Socio-Legal Study Mangunsong, Nurainun; Hanum, Willy Naresta; Kwarteng, Abdul Hamid
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 2 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i2.3125

Abstract

Village tourism is one of the flagship projects and tourism development priorities of the Yogyakarta Regional Government (DIY Regional Regulation No. 1 of 2019) to optimize the potential of village resources to improve the welfare and economic independence of village communities (Law No. 6 of 2014). To optimize the policy, the DIY Government has developed a management system in the 2015–2025 Regional Tourism Development Master Plan with the facilitation of a Tourism Village Pioneer towards an Independent Tourism Village. The management includes the planning, implementation, and control of tourism village activities. This study will examine the implementation and dynamics of regulations during the COVID-19 pandemic and post-COVID-19. To explain and measure the policy, an empirical (socio-legal) study was conducted on one of the tourist villages, "Pasar Kuliner Belik Sonto" Sleman, as a sample, which had received a grant from the Ministry of Tourism in 2021 for a pilot tourism village management model. The study results concluded that the governance of tourist villages such as the Belik Sonto Gamplong I Traditional Culinary Market during the COVID-19 period did not appear optimal. It is due to the lack of conceptual standardization of institutional governance and in terms of regulations. Meanwhile, post-COVID-19, tourism village governance entering the recovery and normalization phase needs to reformulate tourism village development plans and resources towards resilient and superior tourism villages through product innovation, synergy between various parties, the government, and related regional apparatuses, collaborative variations of tourism village events, and the development of marketing systems. This governance fully adapts to various post-COVID-19 mitigation regulations by developing tourism village safety and health infrastructure.
Forced Money (Dwangsom) in the Indonesian State Administrative Court System and Astreinte in French Conseil d'État Erlangga, Sandya; Disyon, Huta; Anh, Hoàng Thảo
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 2 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i2.3140

Abstract

The administrative court system in Indonesia shares fundamental similarities with the state administrative court system in France. This study aims to conduct a comparative analysis of the judicial systems in Indonesia and France, specifically focusing on examining the regulation of forced money penalties (dwangsom) in Indonesia. It has been around for about fourteen years since Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning the State Administrative Court ("State Administrative Court Law); there are no implementing regulations, thus hindering the imposition of forced money in the decisions of the State Administrative Courts in Indonesia. As per the author's assertion, this circumstance can potentially diminish the effectiveness of the State Administrative Courts in Indonesia, undermining their ability to enforce judgments. In the context of legal matters, it is noteworthy to mention that the French Conseil d'État has taken measures to govern the issue of forced money penalties (astreinte), specifically regarding their execution and associated costs. The study used normative juridical. It also used a comparative method to normative juridical methods to analyze Indonesia's principles, norms, and legal system. Study findings indicate the urgent need to establish regulations on imposing forced money penalties within the Indonesian Administrative Court. This is crucial to mitigate challenges associated with enforcing forced money decisions, minimize financial losses resulting from errors in official services, and address the legal uncertainty surrounding the determination of forced money costs.
Striking a Balance: Navigating Exemptions in Extradition for Terrorism and Political Offenses under International Law Adnan, Sheikh Muhammad; Raza, Mohsin; Shahzad, Amir; Shahzad, Salman; Jameel, Raheel
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 2 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i2.3157

Abstract

This legal study critically analyzes the complexities of navigating exceptions to extradition, particularly concerning Terrorism and political offenses. It also distinguishes between comprehensive and sectoral conventions as well as universal and regional treaties, explaining the various approaches and their implications. It is a complex landscape of legal responses to international Terrorism. The efficacy of global conventions in addressing this very important issue is questionable. Each country has criteria for ascertaining what constitutes Terrorism and political offenses that can affect extradition. There is very little difference in the character of Terrorism and political offenses. Given the increasing global anxiety surrounding Terrorism and political offenses, this provides a significant perspective on the ongoing discourse on extradition in international law. This study uses a comprehensive qualitative methodology. It carefully examines legal texts, case law, and scholarly literature alongside a comparative analysis of extradition treaties and state practice. It used theories of democracy and Terrorism itself (which, in a global sense, must be fought) to distinguish and strike a balance between Terrorism and political offenses. Ultimately, this study has identified effective solutions to combat international Terrorism while addressing the differences between conventions. It also found a growing relationship between democratization and the global fight against Terrorism, with arguments for not categorizing acts of Terrorism as political offenses, especially in democracies. In addition, this study enhanced the understanding of the legal framework for countering international Terrorism and provided insight into the challenges and opportunities presented by various conventions. These findings have significant implications for refining extradition law, encouraging a balance that respects human rights, guarantees justice, prevents the abuse of the extradition process for political purposes, and contributes to the evolution of a fair and just international legal framework.
Forced Marriage in Cultural Practices and Sexual Violence Law Saputra, Sarping; Putri, Ririn Maulina; Fahmia Syihab, Syifa Maulida
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 2 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i2.3160

Abstract

This study analyzes criminal law policy regarding forced Marriage disguised as a cultural practice, taking into account current conditions and the legal protection provided by Law Number 12 of 2022 concerning Criminal Law of Sexual Violence (TPKS).  This is a problem in itself, considering that several regions in Indonesia still embrace the culture of forced Marriage. At the same time, on the other hand, many parties say that it violates human rights, while many cultural practices then derogate many human rights.  Then how does the TPKS Law see forced Marriage, which in some regions is legalized by customary laws? To answer this, this study uses a normative legal research methodology through a statutory approach. The collection of legal materials will involve an examination of relevant regulations, which will then be analyzed comprehensively to arrive at conclusions that answer the research questions. This study find that (1) policies regarding forced marriages conducted under the guise of culture have been regulated in the TPKS, thus changing actions that were previously not considered criminal offenses into criminal offenses that can be subject to legal sanctions. (2) Legal protection against forced Marriage under the guise of culture is divided into two forms of protection, namely preventive protection carried out by the central and regional governments and repressive protection in the form of imposing sanctions on perpetrators, accompanied by various additional sanctions and providing rights for victims during the judicial process and afterward.
Legal Aspects of Crypto Assets on Indonesian Digital Investment Development Kusnadi, Egi Hadi; Nasir, Rifqi Ridlwan; Hulwanullah, Hikam
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 2 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i2.3168

Abstract

This study aims to understand the legal aspect of digital investment in Indonesian crypto assets which is linked to the theories of legal certainty, justice, and benefit. Currently, Indonesian people are very fond of the cryptocurrency digital investment trend. The Indonesian government has provided several regulations regarding the physical crypto market mechanism. However, the rules regarding cryptocurrencies cannot guarantee that problems will not arise in the future. Moreover, cryptocurrency and its rules are still very new. There is still a lot of confusion in society about whether crypto investment is safe or not. This study is normative juridical study using a statutory and conceptual approach, which is summarized by examining statutory regulations and related legal doctrine. The results of this study explain that the Indonesian government is opening up opportunities by legalizing digital crypto investment activities to strengthen the economic sector. Crypto in Indonesia can only be used as an investment instrument, not currency. The implementation of crypto asset trading is regulated in the Commodity Futures Trading Supervisory Agency (Bappebti) Regulation Number 5 of 2019 concerning Technical Provisions for the Implementation of Physical Crypto Asset Markets. This regulation regulates the use of Good Corporate Governance principles in the context of carrying out buying and selling of crypto assets on the Crypto Futures Exchange (CFX). Bappebti's regulations were then changed with the enactment of Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (UU P2SK) which expanded the authority and responsibility of the Financial Services Authority (OJK) to include digital financial assets, crypto assets and Financial Technological Innovation Sector. (ITSK). 
Balancing Democracy and Adz-Dzari'ah Principles: Legal Reasoning on Term Limits for Political Party Chairpersons in Indonesia Billah, Mu'tashim; Rahma, Vivi; Yudha, Alda Kartika
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 2 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i2.3171

Abstract

This study explores the issue of term limits for political party chairpersons from the perspective of democracy and the principles of az-zari'ah. In 2022-2023, there was a surge in lawsuits to the Constitutional Court regarding the absence of rules regarding the term of office of political party chairpersons in Indonesia. The number of lawsuits shows that the absence of such rules has caused considerable problems, both within and outside political parties and the state. Various political diseases have become increasingly apparent, such as the perception that public officials only follow the direction of party leaders (bossism), and this has the potential to lead to abuse of power by political party chairmen in the context of public policy. Using a qualitative literature review methodology, this study uses a comparative philosophical approach, namely by paying attention to the principles of democracy and applying methods derived from az-zari'ah. Both of these are used because, on the one hand, Indonesia is a country that applies the principles of democracy; on the other hand, many Indonesian people believe in the truth of Islamic law, including the principles of az-zari'ah. It was found that, from the perspective of az-zari'ah, the term of office of the party chairman must be limited (closed) so as not to become a vehicle for political disease. By Az-zari'ah, limiting the term of party leaders becomes a crucial matter, as it helps mitigate potential harms that may arise in the absence of such limitations. Meanwhile, from a democratic perspective, it also has the same value implications, namely the need to limit the term of office of the chairman. Democracy has the basic function of limiting political power in a person and not expanding or giving unlimited power like a monarchical system. This is because democracy believes that power tends to corrupt, and absolute power corrupts. So, since Indonesia uses the philosophy of democracy in its country, every political institution, in this case, political parties, must abide by the same rules.

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