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Contact Name
M Misbahul Mujib
Contact Email
misbahul.mujib@uin-suka.ac.id
Phone
+6281392409940
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supremasi.uinsuka@gmail.com
Editorial Address
Fakultas Syari'ah dan Hukum UIN Sunan Kalijaga; Jalan Marsda Adi Sucipto, Caturtunggal, Kabupaten Sleman, Daerah Istimewa Yogyakarta 55281
Location
Kab. sleman,
Daerah istimewa yogyakarta
INDONESIA
Supremasi Hukum: Jurnal Kajian Ilmu Hukum
ISSN : 23021128     EISSN : 27234207     DOI : https://doi.org/10.14421/sh
Core Subject : Humanities, Social,
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 220 Documents
Reformasi Konstitusi Indonesia: Fenomena Transisi Kekuasaan Susanto Polamolo
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 1 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i1.1902

Abstract

One of the main demands of the momentum of reform in Indonesia is aconstitutional 1945 amendment, is due to the pre-reform constitution have not been able to achieve democratic governance, and even tended to authoritarian and centralized.And has devastated all pillars of democracy, weak law enforcement and respect for human rights, as well as the role of local fecklessness. Exactly in this section, the constitutional reform carried in one hand bring a change in the structure of the political system, but noted the issue of overlapping of authority between state institutions which of course can affect performance and cultur democratization which would be built.Presumably indeed, constitutional reform in addition to opening democratic space, also opened a dimensional complexity of the constitutional problem.
Tinjauan Yuridis Hak dan Kewajiban Pasien Sebagai Konsumen dalam Pelayanan Medis Anggraeni Endah Kusumaningrum
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 1 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i1.1899

Abstract

Health as one of essential human alongside clothing, food and board. Humanlife become without meaning if sick because human that is sick can never be able to make activity daily favorably. Therefore every sick or patient sure need treatment and doctor's surgery so that oneself again. A relationship between doctor and patient cause therapeutic transaction namely something transaction or agreement to determine therapy or providing service healing. With the existence of therapeutic transaction so have rightsand obligation to both that should be protected. Such as those which organized in UU.Number 8 Years 1999 about Protection consumer UU Number 36 Year 2009 aboutHealth as well as Nomor Law 29 Yerar 2004 about Practicality Medical.
Problem dan Tranformasi Politik dan Penegakan Hukum di Indonesia M Syafi’ie M Syafi’ie
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 1 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i1.1895

Abstract

Formulation law that production via mikanisme politics as well as lawenforcement in hand all very vulnerable law enforcer by abuse. Formulation law made legislative and government often deny social interest and built than just on the basis of interest all manager capital and the authorities that otoritarian. Among law product example that have a problem is rule in New Orde era namely UU. No. 8 year 1985 about principle is single, UU Subversi, Instruksion President No 14 year 1967 about religion, trust, China Customs, Decision Presidium No 127/U/Kep/12/1966 on Substitute Name for WNI Use Name China, and few others. Post- rule reformation, formulation Law that is full crisis is Law that related to Natural Resource. While in level law enforcement, the problem seen from law enforcer apparatus that is corrupt, decision law which left interest humanity and justice, and booming fact trade article.Because problematika need dingatkan constantly that formulator profession and law enforcement not off from morality, ethic and community social accountability.
Dilematika Sengketa Pertanahan dan Penyelesaiannya dalam Perspektif Hukum Positif Iswantoro Iswantoro
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 1 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i1.1892

Abstract

Problems of land disputes issues from time to time increased both the qualityand quantity. The reason is because the needs of an increasingly complex use of land,while land availability is very limited. Besides, the cause can be triggered by the government regulations that make legislation happen to overlap and disharmony in the implementation. This problem coupled with a lack of understanding of the law in society as a result of acts committed against the land he owned, and the publication of the registration system which adopts negative publicity, making the lawsuit and opening faucets to objections from other parties on the ground that have been registered. The inequality in land ownership, and the rights of dual certificates and land use that doesnot comply with the permit location, allocation, use, and make use of the land into the complex problems of land disputes.It is also encouraged in the historical experience of our long agrarian law as aresult of government policy that has a tendency that the land be used for a political commodity. It should be understood as well the condition of land administration in times past were less orderly also be a driving force of land disputes. With this condition need to be made as a container seeking justice, legal protection and law enforcement, namely the judiciary for its container. Besides settling land disputes can malalui administrative channels that BPN, and Mediation, Reconciliation and ADR, which greatly contributed to the completion of their work land disputes. Therefore necessary stakeholders so that these ideals can be realized.
Problematika Globalisasi Hukum di Indonesia: Dari Perjanjian Internasional Menjadi Hukum Nasional Zul Fadli
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 1 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i1.1889

Abstract

In our time, globalization can not be avoided, technology and economic are themain factors. Because people become more and more connected, the globalization of lawis imminent. Through interntional egreement, the globalization of law find its power to be enforced. Nevertheless, this sircumstances alsocreated new challenges, especially on legal aspect. Legal transplantation can not be easily pursued because the characteristic of legal systemof every nation is varied.
Gagasan Judicial Review dan Terbentuknya Mahkamah Konstitusi di Indonesia Puguh Windrawan
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 1 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i1.1885

Abstract

The Constitutional Court plays a central role in the democratic systemgovernance. With a solid perspective of balancing state power, the court has been set upto interpret and review of conformity of every act and regulation. In Indonesia, aconstitutional court presence has an important meaning amid power shifting processes.As the supremacy to some extent moving away from the executive authority, theconstitutional court appears as the most prominence body instead of legislative board. Inaccordance with its duties and functions, the institution is able to give juridicalinterpretations to examine every regulation against The Constitution of The Republic ofIndonesia 1945.
Prinsip Keadilan dan Musyawarah dalam Hukum Islam Serta Implementasinya dalam Negara Hukum Indonesia Hariyanto Hariyanto
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v4i1.1982

Abstract

Social equity and the principle of musyawarah within the law state of Indonesian is a fundamental principle. This article proves that, according to Islamic law, justice can be seen from two aspects, legal justice and social justice. Legal justice is closely related to the implementation of the law, while social justice different from the concept of social justice socialist-communist or liberal groups. The concept of social justice based on the notion of social welfare, while principle of musyawarah is based on the family spirit.
Independent Agencies dalam Struktur Ketatanegaraan Republik Indonesia Syukron Jazuly
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v4i1.1981

Abstract

This research studies theoretical construction of independent agencies in constitutional structure of Republic of Indonesia, and aims at researching and positioning its theoretical construction, characteristics, and also the forms of its checks and balances towards the original three branches.This normative legal research combines perspectives of conceptual approach, as well as statutory, comparative, and historical ones, in which the implementation conducted accordingly by need.By using the various theories created by some classical and contemporary theorists in term of independent agencies, and limitation of powers themes, as it has been implemented in constitutional law practice and revised in theoretical perspective, the result of this study shows independent agencies are a different branch of government, compare to the conception of Montesquieu’s trias politica. Indonesian constitutional lawpractice attracts fact about an existence of a different branch of government, where it is referred to as the independent agencies. As a new type of separation of power, theoretical construction of independent agencies could be referred to as "The New Separation of Power."The result of this study also shows independent agencies existance in constitutional structure of Republic of Indonesia is still be placed under primary state agencies, and considered as auxiliary state agencies.
Kajian Sosio Historis Hukum Adat dalam Konstitusi Indonesia M.Misbahul Mujib
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v4i1.1978

Abstract

Indigenous and tribal peoples have recognized in NKRI constitution, UUD 1945. Many factors affect the recognition of indigenous people in the constitution. This study examines the socio-historical factors that influence the recognition of indigenous people in the constitution. This paper uses the legal theories to prove that the law should be born out of history and social reality.
Sejarah Konstitusi Madinah Nabi Muhammad Saw (Analisis Piagam Madinah dan Relevansinya di Indonesia) Ahmad Zayyadi
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v4i1.1976

Abstract

This work is of the historical discourse about the constitution of Medina with the Medina Charter of The Prophet Muhammad as the content analysis and tends to find out moral massages, values, and principles therein to be implemented for the development of highly-plural Indonesian people. The history of the establishment of the Medina Law is closely related to the discourse about the Medina Charter which is still relevant to speak about. To sharpen the analysis of this work, I quote words from both western scholars and moslem ones and then understand them in the context of social life of the citizens of Indoenesia, especially in resolving social conflicts among peoples and ethnics. In additions, it may be suggested to be a resolution of religious conflicts at local, regional, and international levels. This work has, of course, relevance for the values in the Medina charter as a principle of the establishment of law-based nation are very important to be applicable in Indonesia. The human right, the unity of citizens, religion-based community, the protection for the minority, the politic of peace, etc. are fundamental basis of the values of civilization once practiced by the Prophet Muhammad through The Medina Charter as the fondation of the state law.