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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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How Could Judges Ignore the Audi Et Alteram Partem Principle in a Criminal Case Trial? Hidayat, Raihan Akbar; Hidayat, Beni; Kodio, Ahmed Hedieloum
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2943

Abstract

In a judge's decision, legal considerations aim to delve into the facts revealed at trials based on the audi et alteram partem principle, which must exist and become a foundation. The philosophy of the audi et alteram partem principle is essentially the values of justice and balance. In applying the audi et alteram partem principle in a criminal case, although the judges have judicial power, they should consider the evidence and facts that are not only submitted by the public Prosecutor but also have to consider the evidence and facts submitted by the defendant. In decision Number 123/Pid.B/2022/PN Yyk, the panel of examining judges rejected the explanation of the witness a de-charge  which was not based on a clear reason, so it was felt that the panel of judges examining the case did not consider the explanation of the witness which was mitigating for the defendant and violated the principle of audi et alteram. Therefore, this study aims to elaborate on how the judicial panel examined the case by applying the audi et alteram partem principle. To answer these legal issues, this study uses combined research methods of normative and empirical data with data collection methods by conducting interviews and literature reviews as well as using descriptive qualitative data analysis methods. The result of this study showed that the judicial panel examining case number 123/Pid.B/2022/PN Yyk did not consider the audi et alteram partem principle for the judgment because the judges were not balanced by only considering the prosecutor's explanation and rejecting the testimony of the defendant's witnesses and ignoring material truth of defendant's proof.
Legal Politics of Social Workers Law as an Advocacy Effort of Social Workers Yasir, Al-; Haq, Muhammad Izzul; Ma’mun, Sukron; Prasetyo, Fitri Nur Aini
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2929

Abstract

As the organizer of the realization of social welfare, the state has not been able to optimally overcome social changes, which have an impact on increasing the number and complexity of social welfare problems. With the arguments of humanity and the principle of mutual cooperation, some parties help the government, then are called social workers. To ensure their existence, social worker organizations in Indonesia initiated the formation of the Law on the Social Worker Profession. Law Number 14 of 2019 concerning Social Workers was formed. After the birth of this Law, some questions emerged whether the Law provided solutions to the problems faced by social workers in assisting social welfare, or with this Law, the state would be out of hand and emphasize the resolution of social problems to social workers. This study described the legal political conditions for forming this Law. This study answered the politics of the formation of Law Number 14 of 2019 and the challenges for Social Workers in Indonesia after the birth of the Law. Answering those problems, this study used—statute approach, historical approach, and conceptual approach, strengthened by some literature related to Law and social workers. Besides that, this study also used protection theory to assess the Law. This study also compared some regulations in some countries regarding social workers in some cases. In short, this study found that the strong historical background, the long existence of social workers in Indonesia, and the need for legal protection and certainty have become the reason for establishing Law No. 14, 2019. However, after the birth of the Law, challenges arose for social workers where their actualization was not easy and limited according to their profession and education. In addition, it is alleged that the Law could lead to malpractice because there are no sanctions. While in Australia, and USA, social worker laws give more space for social worker. 
Application of the First-to-File System in Preventing Passing Off Actions against Registered Mark Holder Wibowo, Sigit; (郑实), Zheng Shi; Linh, Le Thi Khanh
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2988

Abstract

Applying the "First-to-File" principle impacts the first trademark user and the owner who has not yet registered. Another party previously registered the Mark can replace the true trademark owner. It will harm the brand owner who has previously run a business using that brand name. On the other hand, the first-to-file principle means the state should not provide registration for a mark that has similarities with the Mark submitted earlier of similar goods/services, but in this case, the Ministry of Law and Human Rights cannot cancel a registered mark. So passing off actions against registered Mark could occur. This research examines and analyzes the legal protection for registered trademark owners regarding applying the first-to-file principles for those who pass off a registered mark. The research uses a normative juridical research method. The approach is the statutory and case approach, and it uses qualitative analysis methods based on data and substance from various literature such as books, journals, scientific papers, laws, and regulations. This research shows that the form of legal protection for registered trademark owners is related to applying the First-to-File principles to the passing of other parties. It is based on the case analysis of the Supreme Court decision, which stated that the Plaintiff (holder of the Iwan Tirta mark) is the sole legal owner and rights holder of brands that have a dominant element using the word "Iwan Tirta" in all Classes registered, and cancels or declares null and void with all legal consequences the registration of the registered "Pusaka Iwan Tirta & Logo" Mark, as well as punishes the Defendant (PT Pustaka Iwan Tirta) to pay court costs. It means legal action in the form of a lawsuit to the Commercial Court, based on the new Decision, can be used to cancel the registered Mark.
Legal Problems in Determining Factual Actions as Dispute Object of the State Administrative Court in Indonesia Fadillah, Nor; Hariyanto, Hariyanto; Mourtadhoi, Abdallah
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2949

Abstract

This study’s aim is to analyze how the concept development of State Administrative Decision (KTUN) in Indonesia. It is also to analyze the legal problems of determining factual actions as the dispute object in the Administrative Court because, after the promulgation of Law Number 30 of 2014 concerning Government Administration, there are some legal effects, especially after the emergence of factual action term as renewal. This study is normative research on the rules or the Law itself and the principle of positive Law by making legal materials the object of study. The approach used in the study is the approach of legislation and conceptual approach. The research data needed in this study is through the method of literature or documents and analyzed in a descriptive-qualitative way. The results showed that the KTUN before the Law Number 30 of 2014 is a written determination issued by a state administrative body or official containing administrative legal acts based on applicable laws and regulations, which are concrete, individual and final, giving rise to legal consequences for a person or civil legal entity. While the KTUN after the renewal is a written determination that includes factual actions, decisions of bodies and/or state administration officials in the executive, legislative, judicial, and other state administrations, based on the provisions of legislation and the General Principles of Good Government (AUPB), and final in a broader sense give decisions could have the potential to cause legal consequences, and/or could apply to citizens. The renewal is to cause problems such as chaos from the meaning of terminology, for example, the use of the term decision and or action. In addition, there is no specific explanation, so it is feared that legal norms are ambiguous, especially for judges in examining cases related to factual actions.
Religious Rights and State Presence in John Locke's Liberalism Perspective (Reflections on the 1984 Tanjung Priok Case) Salsabila, Orchida Nadia; Ghofur, Nilman; Mujib, M. Misbahul
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2957

Abstract

Upholding human rights as a part of international law without the presence of the state would seem impossible because the state is an essential element of international law. What is interesting is what happened in the 1984 Tanjung Priok Indonesia case, where human rights violations occurred because of the state's presence. The question is, how should the state's presence be? This study reflected on the 1984 Tanjung Priok case as a lesson on how countries should be involved in religious rights so as not to injure human rights. Answering that question, this study used a normative approach and John Locke's theory of liberalism. Furthermore, this study found that during the New Order era, the state's presence in civil rights was too deep, especially those related to religious rights. The presence of the state is indeed important, but the presence of the state, which is very dominant for reasons of political stability by depriving people of the right to practice their religion, cannot be justified. In addition, it is also unacceptable if the state reduces civil rights because of religious considerations. Although it is difficult, if the state has a certain ideology or religion, the state should not harm individual rights, including the rights of other religions and the religious rights of its citizens that are different. The state must not interfere too deeply or get too involved in its own ideology/religion, which then prohibits the religious rights of adherents of other religions who are its citizens.
Regulate or Prohibit: a Review of Hidden Prostitution Law Enforcement Policies in Indonesia Mahardika, Eriana; Garduño, Lizette Ramos; Dar Nasser, Montaser Faris
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2969

Abstract

Prostitution is an act that is contrary to the norms that exist in society because this act can cause unrest in the community and disrupt the order of life in the surrounding community. Prostitution deviates from the norms of decency where a woman or a man sells himself to get satisfaction from lust. Prostitution is spreading rapidly in Indonesia. Many prostitutions are committed under the guise of, among others, Reflexy Massage Parlors, Beauty Salons, and SPA. This study is motivated by the problem of the practice of hidden prostitution under the guise of these business premises in Indonesia, especially the Sleman Regency area, which are almost entirely unexposed and untouched by law enforcement officials but have the potential for negative impacts on society both socially, psychologically, religiously and culturally. This article aims to find out how law enforcement is against the hidden practice of prostitution under the guise of massage parlors, salons, and spas in Indonesia, especially in the district of Sleman. This study combined field and library research, using an empirical juridical approach with a descriptive-analytic method to explain the data. It also used legal system theory to analyze. This study showed no clear and specific regulations that regulate or prohibit prostitution firmly. So far, the Police and Civil Service Police Unit (Satpol PP) have enforced the law based on Regional Regulation No. 15 2012 concerning Tourism Business Registration in Sleman. However, the participation of every stakeholder in society with local wisdom that has existed so far is expected to create legal awareness about hidden prostitution.
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.

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