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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220 Documents
<![CDATA[Upaya (Hukum) Termohon Ikrar Talak yang Tidak Ditalak dalam Persidangan Pengadilan Agama ]]>
<![CDATA[Ahmad Khairun H]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i1.1975
<![CDATA[In divorce cases, the absence of the respondent or wife has no effect on the exercise of the talaq pledge, talaq pledge can still be carried out even if the respondent or wife is not present. But conversely, the absence of a husband in a divorce trial as Petitioner pronunciation divorce pledge has legal implications extraordinary. Article 70 paragraph (6) of the Law on Religious Courts asserted that without the presence of the husband in the trial pronunciation pledge divorce causes a court decision religion that had permanent legal force becomes null and void and has implications for the status of marriage between the Petitioner and the Defendant remains valid and binding as normal. The absence of the rule of law that can be coercive power for the Petitioner to carry out the verdict, it does not negate the legal remedies that can be done by the wife as a defendant to fulfill his legal rights. Legal remedies that can be dane include 1) Telling on neglect that happened to the authorities by using laws instruments of domestic violence elimination, 2) filing for divorce, as in general, 3) applying for judicial review to the Constitutional Court, or 4) applying for the execution of the content of the pledge decision/determination of divorce case to the religious court.]]>
<![CDATA[Penetrasi Pesantren terhadap Penetapan Perda Syari’ah di Tasikmalaya ]]>
<![CDATA[Lindra Darnela]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i1.1974
<![CDATA[There are two major in the struggle discourse formalization of Islamic law. The first group is the pesantren leaders who agree with the formalization of Islamic law in Tasikmalaya district, while the second group is denied the formalization of Islamic law in Tasikmalaya. Patterns of thought and understanding of religious texts to be one of the basic choices attitude of the respective leaders of pesantren (Kyai). The attitude of the kyai in their support by signing in to be part of a successful team of the legislative and executive candidates who promised to bring forth specific regional regulations based on Islamic law. Whilst the attitude does not agree with the formalization of religion is silent and there are also other ways, such as by putting up banners that are not religious nuances to show disagreement to the formalization of religion in Tasikmalaya.]]>
<![CDATA[Pemidanaan terhadap Korban Psikotropika (Tinjauan Viktimologi dalam Penjatuhan Pidana terhadap Penyalahguna Psikotropika) ]]>
<![CDATA[Vivi Ariyanti]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i1.1972
<![CDATA[The misuse of psychotropic is classified as “crime without victim”. It isincluded as a norm deviation which does not cause a lose or danger to other people.In this case, the one who become victim is the doer himself. For the user, he has to get a protection in a for of rehabilitation. This rehabilitation is for recovery and it is regulated in pasal 41 UU No.5 Tahun 1997. In the misuse of psychotropic, criminalizing in a narrow point of view is to send the criminal to the prison. This treatment is not perfect for those who already in serious condition or those who need rehabilitation and medical watch-out, this criminalizing leads to worse effect.]]>
<![CDATA[Politisasi Konstitusi Piutang Negara di Indonesia ]]>
<![CDATA[Agus Pandoman Pandoman]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 3, No 2 (2014): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v3i2.1968
<![CDATA[One example of the problems in the state's claim is BLBI extended by BankIndonesia to the national banking system, which has become the state's claim, but notresolved through PUPN, but further right to claim the government handed over toIBRA established by Presidential Decree No. 27 of 1998 . Since handed over to thegovernment the right to collect BI, BI ended authority to withdraw BLBI of thereceiving bank, resolved through non-litigation and mechanisms and the solution wasnot to use repressive laws. Receivables BLBI state is a case of default the unusuallylarge number (extraordinary default), but penyelesaianya by IBRA implemented withthe exclusion of the legal principles of the settlement of accounts receivable against thedebtor country BLBI receiver, so in this case the journey is also a cost for settlingdisputes outstanding a big. This paper would like to see how the practice of politicizingthe constitution that happens particularly with respect to issues of State receivables.]]>
<![CDATA[Islam, Jender dan Hukum Islam; Diskursus Kesetaraan Jender dalam Perspektif Hukum Islam ]]>
<![CDATA[Hudan Mudaris]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i1.1970
<![CDATA[Among the global issues that could be on the agenda today is the issue of gender issues. This paper aims the increasingly widespread gender issues discussed on many occasions, so it is continuously rolling seminars both locally, and internationally. Gender differences, which led to injustice and even violence against women, essentially is a social and cultural construction that is formed through a long process. This paper starts from the discussion of sex and gender differences. Then the origin of the creation of women is an important issue to be discussed. Connected with the development of the popular study of womanhood with the term feminism, section of gender equality in Islamic law will examine issues around gender and women in the context of a growing, dynamic Islamic law. Allegedly religious texts are also factors that perpetuate injustice against women. Necessary so that the reinterpretation of religious texts do not merely confine women, but also gives equal portions and positions with men.]]>
<![CDATA[Implikasi Tugas dan Kewenangan Badan Arbitrase Syari’ah Nasional dalam Penyelesaian Sengketa Ekonomi Syari’ah Pasca Putusan MK No.93/PUU-X/2012 Tahun 2008 tentang Pengujian Konstitusional UU No. 21 Tahun 2008 Tentang Perbankan Syari’ah ]]>
<![CDATA[Ratna Sofiana]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 3, No 2 (2014): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v3i2.1966
<![CDATA[This paper is intended to examine the proliferation of economic dispute resolutionShari'ah after amendment to the Constitution 1945. Before the change, the ReligiousCourts (PA) as the top judicary are authorized to settle disputes Shariah economy.Now, the judiciary as an institution of Shariah economic dispute resolution experienceproliferation, because the General Court entitled to handle economic disputes Shari'ahunder Article 55 paragraph (2) of Law No. 21 of 2008 concerning Islamic Banking.Due to the proliferation of a completion of economic disputes Shari'ah raises choice offorum which in the case of the same substance, the same object, then given the freedom tochoose, so that will give rise to legal disorder (chaos law). In addition, the decision wouldlead to disparities, are also likely to occur strangeness, because maybe when sentenceborn of religious courts, while the verdict b born of a general court for the same case, orthere are two cases that have similar or even the same same, there will be oddity for theparty receiving.]]>
<![CDATA[Fikih NKRI: Landasan Berkonstitusi Bagi Umat di Indonesia ]]>
<![CDATA[Masnun Tahir]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i1.1969
<![CDATA[Muslim constitute the overwhelming majority of Indonesia’s population. The Islamic law in Indonesia has evolved from time to time in line with the demands of the changing history. Recently, and during the era of reformasi –it is commonly known sothe Islamic law has been progressively positivised. By this we mean the dynamics within which the Islamic law has the ability to respond to the new situation that requires the re-thinking of someof its dictums. The role of the government has equally been good; it is completely supportive of this process. This shift in direction taken by Islamic law is due to the fact that the colonial law in the country has become rotten. It is no longer able to deal with the ever-changing situations of this Muslim-majority country. This paper discusses this historic turn, and embarks on the debate concerning the advantages of the Islamic law for a Muslim country like Indonesia.Several Islamic countries have attempted to write constitutions which are basedon the principles of the fikih (syari’ah) and, at the same time, they have borrowed procedural forms from Western constitutionalism. However, combining two different systems in a constitution is not an easy task. It is possible that there are some compromising and even conflicting views and values. This leads to the first question addressed in the thesis: Is fikih compatible with the principles and procedural form of constitutionalism?]]>
<![CDATA[Pembangunan Hukum Perkawinan Indonesia di Era Globalisasi ]]>
<![CDATA[Khoirul Anwar]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 3, No 2 (2014): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v3i2.1964
<![CDATA[Not only in the field of general law, family law Indonesia received extensiveinfluence with the era of globalization. Indonesia through Law No. 7 of 1984 hasratified the international convention on the elimination of all forms of discriminatorytreatment of women, known as CEDAW (The convension on the Elimination of AllForms of Discrimination Against Women). Logical consequence of ratification of thisconvention, Indonesia is obliged to implement all the provisions of the Convention. Inthis case the point of tangency with a very strong family law. Supposedly the developmentof the law including family law and more specifically, is the law of marriage, rooted andis looking complexion pure personality of the Indonesian nation has a philosophy ofPancasila and still show the universality in the presence of other nations. But in fact theswift global legal effect outside the substance deviate from the value of living in selfnation, it is felt as described in this paper. Therefore, this paper wants to examine theinfluence of globalization on marriage law in Indonesia, and how should the attitude ofthe Indonesian nation in the face of the effects of globalization on the law of marriage.]]>
<![CDATA[Penegakan hukum Terhadap Pelanggaran Hak Cipta VCD di Yogyakarta: Studi Kasus di POLDA DIY ]]>
<![CDATA[Arif Budi Utomo]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 3, No 2 (2014): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v3i2.1962
<![CDATA[At this time, Copyright protection in Indonesia has undergone many changesand improvements. the protection egulated in Law Number 19 of 2002 on Copyright.But the reality is just the opposite occurs, more people who violate copyright. Widespreadcirculation of VCD, CD / MP3 and DVD piracy in the region that includes the cityof Yogyakarta Kota Gede Market and along the way Mataram is one indication of therising Copyright infringement. The data obtained from the Yogyakarta police during2005 through 2013, only one case has been handled. From the background of theproblem it may be withdrawn at issue as follows: 1. How does law enforcement againstviolators Copyright in Yogyakarta, 2. What are the constraints faced by theYogyakarta police in handling cases of rights violations in the region of Yogyakarta.The results of these studies are Yogyakarta police use two ways to deal with cases ofCopyright infringement in Yogyakarta. These efforts include enforcement (repressive)consisting of inquiry, investigation, arrest, searching and foreclosure and prevention(preventive) consisting of dissemination to the public on Copyright and meetingcoordination with the Province Government of Yogyakarta. Barriers experienced byYogyakarta police on law enforcement efforts include: economic background of the peopleof Yogyakarta, counterfeit of goods coming from outside Yogyakarta, lack of publicawareness regarding the protection of the Copyright, the lack of cooperation on the partof traders to prevent violations of rights in Yogyakarta.]]>
<![CDATA[Spiritualitas Islam dan Gerakan Politik Ingkar NKRI (Studi terhadap Gerakan Politik HT di Indonesia) ]]>
<![CDATA[Zusiana Elly Elly Triantini]]>
<![CDATA[ Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/sh.v4i1.1967
<![CDATA[The presence of Reformation Order in Indonesia bears new Islamic spirituality in various forms,and one of them is the born of Hizbut Tahrir Indonesia (HTI) which represents Hizbut Tahrir (HT) in the Middle East. The members claim that HTI is an ideological political party which is based on Islamic doctrines and its dakwa is based on the obligation to uphold khila>fah Isla>miyah supported by fikrah (idea) as a means for change. This group has issued some controversial fruits of ijtihads on politics which lead to pro and con among the debate on the discourse of upholding democracy in Indonesia. They reject historical interpretation. If they admit explanation on when,where and background of quranic verses, they will stop on textual understanding. Eventssurrounding the revelation of verses are only understood as historical background which should be adopted and duplicated into our modern live. The verse cannot be interpreted outof the text. There is no critique on previous understandings. They interpret the text anddisregard previous interpretation. These paper is presented simply affirms that new islamic spirituality in Indonesia has many influences to NKRI.]]>
