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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 220 Documents
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Positifikasi Hukum Islam di Indonesia: Prospek dan Problematikanya Sodiqin, Ali
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 1 No. 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1922

Abstract

Implementation of Islamic law in Indonesia has any problems, internal aspectand external one. In reality, the relationship between Islam and the state have caused afriction of interests between of moslem in one side and the state in another. As areligion, Islam put all its norms into effect for its adherents,meanwhile the state isimpossible to conduct rule of law from one religion. In other hand, institutionalizationof Islamic law faced two problems, firstly,related to the position of Islamic law in thenational law, and secondly, related to internal aspect of Islamic law. These problems areimplicate to the developmental prospect of Islamic law in Indonesia. The suggestedfactors of Islamic law are majority in adherents, widely the object,and supporting ofIslamic organizations. The handicaps of implementing of Islamic law are uncompletelyin its institutionalization, and dichotomy of Islamic thought, and influence ofunstability political law in Indonesia.
Perjanjian Pemborongan dengan Kontrak Unit Price pada Proyek Pemerintah dan Indikasi Persaingan Usaha Tidak Sehat di Kota Yogyakarta Wibowo, Sigit
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 1 No. 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1921

Abstract

Chartering Agreement with contract unit price still new law. Unit Price termappears in a special chartering agreement for the implementation for the project forwhich payment is made after the project is handed to the government. The purpose ofthis study to know the procedure of chatering the contract unit price authors of the studythat is examining the legal aspect of normative document in determining theimplementation of the procurement of goods/ service to the payment. In this study, theimplementation of government projects implemented by chartering contract unit price, theconstruction contract (chartering) are based on the completion of all work within acertain time limit, based on the unit price of a definite and fixed for each unit/ elementwork with certain technical specifications of the volume work stil to be temporary, whilethe payment is based on the measurement results with the volume of work actually beenimplemented by service provider. Based on field, the project is the determinationchatering agreement the direct election method, as set by the Committee for theProcurement of Goods/ Services. Relation to the influence of unfair competition, thenthe chartering agreement with a contract unit price did not reveal any constructioncontract (chatering) as opposed to the existing legislation, namely Law Number5/1999 concerning Prohibition of Monopolistic Practices and Unfair BussinesCompetetion.
Arah dan Tujuan Pemidanaan dalam Hukum Pidana Nasional Indonesia Ahmad Bahiej
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1920

Abstract

Punishment is one of the core issues in a significant criminal law. Discussionabout punishment and purpose / justification of punishment has become a lengthydiscussion even stranger since the criminal law itself. Even the way the Indonesiancriminal law, sentencing the topic of discussion of the drafter of national criminal law.Of course, all agreed that the determination of the type of punishment in a national lawbuilding will depend on a philosophical view: how the goals of punishment that will bebuilt within the legal system. In observance of the law of Indonesia travel records sincepre-colonial times to the national law of development efforts can be concluded that thepurpose of sentencing under Indonesian criminal law will be brought to the convictionthat moderate and better.
Tinjauan Kritis Terhadap Peraturan Mahkamah Agung Nomor 2 Tahun 2012 Tentang Batasan Tindak Pidana Ringan dan Jumlah Denda dalam KUHP Tahir, Ach
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 1 No. 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1918

Abstract

Justice is one of the purposes of any legal system, even the most important is mygoal. There are still other legal purposes is also always the purpose of the law, namelyjustice, rule of law, expediency, and order. However, from the fourth grade, according tothe Greek philosopher, Plato, justice is the highest virtue. According to Plato justice is"Justice is the supreme virtue roomates Harmonize all other virtues." However, theSupreme Court Regulation No. 2 Year 2012 About Limits Lightweight CrimePenalties in the Criminal Code and the amount still falls short of justice as a whole.PERMA No.2/2012 only protect the suspect, not protecting the victim if the limit isonly a nominal loss of USD 2.5 million, but it should not be detained suspects andvictims should not be an appeal. Rp 2.5 million in Jakarta probably not worth much.But in the area, the number is very large. However, with the Supreme Court No.2/2012, the victim can not do much because the case was only a minor criminaloffense.
Hukum Tata Pemerintahan dan Pencegahan Korupsi Halim, Hifdzil
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 1 No. 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1915

Abstract

Government free of corruption starting with government free of corruption aswell. To create a clean government, should begin by establishing an anti-corruptionpolicies, either the policy or the policy is at the center of that area. Errors in shapinggovernment policy, will open the faucet corruption. The legislation of governance (HTP)and good governance (good governance) is believed to be directing policy for the benefit ofthe community and avoid corruption.
Kajian atas Pelaksanaan Pengadaan Tanah untuk Kepentingan Umum: Studi Pembangunan Pembangkit Tenaga Listrik PLTA Upper Cisokan Pump Storage 1040 MW Supriyono Supriyono
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1911

Abstract

Implementation of land acquisition for public interest is a phenomenon we oftensee today in the media-print and electronic media. One provision of land for publicpurposes is the construction of power plants. Development of the electricity sector aims topromote the welfare and intellectual life of the people to realize the ideals of the nation,to create a just and prosperous society and unseen evenly throughout the archipelago.Electricity Law No. 30 Year 2009 In Article 27 asserts that the Permit HolderPower Provider reserves the right to use the land for public use in the electricity sector. inthe implementation of electricity development obstacles and barriers both in terms oflocation determination permit the project land acquisition and the relocation of the landaffected by the electricity development plan. Delays in the process of licensing theselocations because the local government found because PLN is not a government agency.While the relocation of people due to the inhibition of indemnity still require negotiationwith the local Land Acquisition Committee.
Politik Hukum Undang-undang Kekuasaan Kehakiman H.M Hambali
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1908

Abstract

The Republic of Indonesia is a unitary state in the form of a republic,sovereignty belongs to the people and the law is not based on power alone. Sovereigntybelongs to the people, the highest authority is the people. To enforce the law, Article 24paragraph (2) of the 1945 Constitution specifies that judicial power exercised by aSupreme Court and judicial bodies underneath it in the public courts, religious courts,military courts, administrative courts, and by a Constitutional Court. Agencies whosefunctions related to the judicial authorities set out in the Act. Act No. 48 of 2009 onJudicial Power, is based on the interests of the people.
Pembentukan Perda yang Demokratis Astomo, Putra
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 1 No. 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1901

Abstract

Regulation is one of the products of legislation local level. Regulation contains rules that govern all matters relating to the region in order to realize a fair society and aprosperous society. The legal, political, economic, social, and cultural factors thatinfluence a formation law. Regulation in shades of democracy and regional autonomyshould reflect the interests of the public, especially in the areas concerned in orderlegislation does not reflect the interests of local elites alone. This paper aims to find outabout how the establishment of democratic regulation.
Prespektif Kriminologi atas Kejahatan yang Dilakukan terhadap Anak imran siswadi
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1897

Abstract

The Indonesian people put a man on the overall status and dignity as creatures of God Almighty. It is recognized and acknowledged that the Indonesian people have basic needs that must be met, including children who have a need to grow and develop naturally. In order to realize the human resource Indonesia qualified coaching is continuously required for survival, growth and physical development, mental and social development as a whole as well as the protection of all the possibilities that would endanger them and the nation in the future. Crime is a social problem which is an integral part ofhuman life, because of social problems as a result of human culture. Social problem varies in each community due to the level of cultural development, environment, nature of the population in which people live. Crime always causeunrest in the community. Restlessness is a symptom of the lack of social welfare, peace and happiness. Today the growing crime in accordance with the times, especially with the development of technology and science, arise various forms of new crimes. With the rapid advancement of technology today, cause of information through mass media such as magazines, newspapers, televisionand so can provide information on crimes in various forms. Psychologically crimes committed against minors is not only the responsibility of the parents, judges, society and government but its scope is wider continuation of the country's future, because in their hands the future of our country. To preventcrimes committed against children, the role of law enforcement agencies is necessary in accordance with the duties and powers of each, which is continuously upgraded. The law enforcement should really as public protector not just as a protection for perpetrators.
Problematika Pemekaran Daerah Pasca Reformasi di Indonesia lukman santoso
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1891

Abstract

One of logical consequence of political decentralization policy of regional autonomy is a phenomenon of regional expansion or establishment of new autonomous regions/new autonomous region (DOB). The Government specifically regulates theregional expansion through UU No. 22 Tahun 1999 which was subsequently revised by UU No. 32 Tahun 2004 on Regional Government. The Act provides opportunities in local formation of NKRI based on considerations of economic capacity, potential regional, social cultural, social political, population, area, and other considerations that allow the implementation of regional autonomy that is technically governed by PP No. 129 Tahun 2000 jo PP No. 78 Tahun 2007. Originally, regional expansion has a positive impact of democratization, the growth of new centers, the approach to the public service, ease of building and maintaining facilities and infrastructure, the growth of new jobs, and the motivation of the development of regional innovation and creativity. However, the implementation turned out to be a dominant political factor in the process of regional enlargement. So regional expansion policy in the era of reform have failed, being unable to answer the question of welfare and communityservices. The cause of this failure is the existence of political interests from the local political elites and legislators. In  ddition, the regional expansion also cause spatial conflicts. To overcome these problems, several steps need to be assertive, namely, First, the government should immediately setting up the law on grand design the arrangement of regions in Indonesia. Second, there must be strict regulations to regulate the proposedexpansion area. Third, the government should be able to ensure that every member of society, including in areas that are geographically hard to reach still able to get thepublic services they need. Fourth, the government also has to ensure that the allocation of development funds (either through the state budget and regional budget) can betransferred in a transparent and accountable to its lowest level in the area in a fair and proportional way

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