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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 220 Documents
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Menyegarkan Kembali Pemahaman Teori Demokrasi dalam Wacana Ketatanegaraan Melalui Pemikiran Hans Kelsen Sobirin Malian
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 1 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i1.1912

Abstract

Sustainability of a country necessitates the existence of a strong constitutional rule. State based on democracy, according to Hans Kelsen requires people that agree on the meaning of democracy, as well as understand the workings of democracy and its usefulness to their lives. A strong democratic is rooted from will of people and aims to achieve shared welfare. Democracy must be related to the will of the people. Therefore, the socialization of the growth and development of understanding for democracy is necessary to be continued for the community, especially for people who live in developing countries. In constitutional discourse developed by Hans Kelsen, the problem of democratic process leads to accountability of government, legislature and judiciary institution from electorate.
Pemberlakuan Sanksi Pidana Bagi Muzakki (Studi Kritis atas Pasal 1 (2) dan (5) UU. No 23 Tahun 2011 Tentang Pengelolaan Zakat) Nurdhin Baroroh
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 1 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i1.1909

Abstract

The orders of zakat in Islam is not an intangible human obedience to God only, but also have relevance to the development of human nature for the other, and even with the surrounding environment. Muzakki as one important component in the zakat, because they have a strong link with the zakat commands, although it is common to all Muslims. In the context of the Indonesia the regulation of zakat have been categorized as civil case, so the state does not have the activity to act as active as in criminal cases. In the actual case, zakat is an obligation which is marked by the verb editor command in verse. And in fact if this is done, it will be able to provide a positive stimulus boost in terms of social welfare.
Reposisi Majelis Permusyawaratan Rakyat (MPR) dan Implikasinya terhadap Kedudukan TAP MPR/S Pasca Amandemen UUD 1945 Eko Riyadi
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 1 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i1.1907

Abstract

Four times the 1945 amendments made by the Assembly since 1999-2002 has been overhauling the structure and organization of state administration Indonesia. Change is also happening to the state institutions. MPR no longer a State Agency, but a State Agency such as the House of Representatives, the President and others. MPR status changes bring serious impact on the legal product MPR MPR. In addition, the position of the Assembly according to post-amendment UUDN RI very weak and tends to only as a complement strultur state administration bodies of the republic of Indonesia. This paper examines the repositioning of the Assembly was about to post the 1945 amendments and the implications of repositioning of the MPR to MPR (s) in khirarki legislation in Indonesia.
Pola Pemberatan Ancaman Pidana Berbasis Konservasi Lingkungan Hidup: Kajian Atas Undang-Undang di Bidang Lingkungan Hidup mahrus 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.v1i2.1887

Abstract

The severity model and orientation of threat of punishment in some environmentacts have not been directed to protection of environment. There are two ways to haveenvironment based severity model of threat of punishment. First, the severity model ofthreat of punishment ranges from punishment to treatment or from certain kind oftreatment to other. Second, in term of fine imposed to defendent the severity model ofthreat punishment is based on multiplicity of fine
Polemik dan Tantangan Penegakan Hukum Progresif di Indonesia M. Syafi'ie
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 1 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i1.1904

Abstract

Satjipto Rahardjo progressive laws have the basic idea that the law is for man, not vice versa. The law does not exist for itself but for something broader, that is for human dignity, happiness, prosperity and glory of man. Second, the law is not an institution that final, because the law is always in the process to continue to be. Therefore, the law does not inevitably invite progressive polemic against the wall and the legal system is structurally in Indonesia. Polemic is one of them is misguided thinking Satjipto Rahardjo charges in view of legal science. Satjipto Rahardjo accused of removing the identity of jurisprudence based on a logical theoretical framework (order of logic), where the true measure of the coherence standard, namely the correspondence between the idea that one with another idea that forms a unity of ideas. Satjipto thinking instead of thinking of jurisprudence, but because the idea of social science framework used is an empirical theory framework (order of fact), which measures the standards of truth correspondence, namely the similarity between the idea and reality. However, in the middle of the polemic, though progressive laws are challenged to find its form, in the midst of the people who do not believe in legal positivism, and in many cases are in the vacuum space and suppressing.
Filsafat Ilmu sebagai Dasar dan Arah Pengembangan Sistem Hukum di Indonesia Lindra Darnela
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 1 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i1.1903

Abstract

Philosophy of science that seem very theoretical, it is necessary to be able to greatly contribute to the practical needs of the community in building a better legal and in accordance with the ideals of law society toward justice. Philosophy of science could be "spirit" by providing guidance on the values of goodness and truth which is owned by the proper elements in the legal system, namely: the development of the legal structure, legal substance and legal culture. The role of philosophy of science is certainly represented by the scientists in the field of philosophy and law, each of which provide input in every three elements making earlier. This paper discusses the influence of philosophy of science in the development of the legal system in Indonesia.
Problematika Hakim dalam Menghadapi Antinomi Ach. Tahir
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 1 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i1.1900

Abstract

In deciding some cases, judges might get various antinomies. Antinomy is a contradiction between legal interests based on justice of each disputed party. The made decision must proportionally contain three principles: certainty, usefulness, and justice. If they obtain the contradiction between the principle of justice and legal certainty, they should prioritize the former. If they get the contradiction between an old statute and a new statute not abrogating the old one, they must enact the new one (lex posteriori derogat legi priori). If they find the contradiction between a superior statute and an inferior statute, they must use the superior one (lex superior derogat legi inferiori). If they get the contradiction between a statute and an court decision (Jurisprudence), they must use the latter (res judicata pro veritate habetur). If they get the contradiction between a statute and a custom law, they must prioritize the latter.
Zaakwaarneming dalam Teori dan Praktek Kontemporer Faisal Luqman Hakim
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 1 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i1.1898

Abstract

Basically, human beings can not live alone. Knowingly or not humans always require the presence of other humans. The existence of a sense of mutuality between humans leads to the interaction between other people. Interaction that led to acts of human relations in society. That there is a prohibited act and there are allowed by law. In the Civil Code is set on the action as a result of human interaction is allowed. The act is called zaakwaarneming. Zaakwaarneming is the act of taking care of other people's business that done voluntarily. While still an undergraduate studies, I often get an understanding of the examples of acts that can be categorized as zaakwaarneming. And when I read some posts on the internet media and books, examples of the action zaakwaarneming also provided a similar example. And without us knowing it, if attention to the elements of the act which can be categorized as zaakwaarneming, some actions are still many in society who can be categorized as such actions. Among the acts that can be categorized as zaakwaarneming are an accident working, caring for the sick, helping traffic accident victim, helping a lost child, and find the property of others.
Hak Berkeyakinan dalam Tatanan Hukum Nurainun Mangunsong
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 1 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i1.1896

Abstract

Religious right and faith are fundamental terms in religious life in Indonesia. As a religious community that is in the basic frame of the Pancasila state, then the society must give respect and guarantee protection for the followers of different religions and faiths. Therefore, the faith must be stand in line with religion. If not then the injustice will keep coloring nation's constitutional life of Indonesia and become blurry print as a nation upholds Bhineka Tunggal Ika.
Kajian atas Pemenuhan Hak Jaminan Sosial Melalui BPJS sebagai Perwujudan Negara Kesejahteraan (Walfare State) Ishviati Joenaini Koenti
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 1, No 1 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i1.1894

Abstract

Study of Sistem Jaminan Sosial Nasional (SJSN)–National Social Insurance System is new, given embodiment SJSN beginning with the creation of the newly passed through Badan Penyelenggara Jaminan Sosial (BPJS)-Implementing Bodies Social Insurance on November 25, 2011. Social insurance is the mandate of the CONSTITUTION Article 28 H UUD NRI 1945, paragraph (3) States that everyone is entitled to social security that allows the development of her intact as human dignity. In addition, article 34 paragraph 2 state, that the State develop a social insurance system for the whole people and empowering nation with the dignity of humanity. Social insurance is also a Human Right that is present on the International Covenant on economic, social and Cultural. ( ICCESC) though its fulfillment as well as interdependent with civil and Political Rights. The Covenant recognizes the need for the fulfilment of these rights are gradually, some of the obligations that a burden countries are urgent.Social insurance is currently not yet covered all citizens of Indonesia, itsconvinience is very limited. It’s still limited to formal sector workers (private, civil servant, and TNI/Polri), the poor population are covered only partly which were classified under the poverty line and no design minimum standards for many forms of insurance and social assistance, in addition to the management of National Social insurance Systems (SJSN) derect by many institutions that not integrated. To more understand the scheme-a scheme there is good legal basis, scope of benefits, beneficiaries, as well as their funding systems, needs to be done the mapping the current social protection systems. Since November 12, 2011 there is already a legal umbrella for managing social insurance through Act No. 24 of the Badan Penyelenggara Jaminan Sosial (BPJS) but in terms of coverage of social insurance there are still some areas that have not been done by existing schemes.

Page 18 of 22 | Total Record : 220

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