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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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Legal Aspects of Crypto Assets on Indonesian Digital Investment Development Kusnadi, Egi Hadi; Nasir, Rifqi Ridlwan; Hulwanullah, Hikam
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.v12i2.3168

Abstract

This study aims to understand the legal aspect of digital investment in Indonesian crypto assets which is linked to the theories of legal certainty, justice, and benefit. Currently, Indonesian people are very fond of the cryptocurrency digital investment trend. The Indonesian government has provided several regulations regarding the physical crypto market mechanism. However, the rules regarding cryptocurrencies cannot guarantee that problems will not arise in the future. Moreover, cryptocurrency and its rules are still very new. There is still a lot of confusion in society about whether crypto investment is safe or not. This study is normative juridical study using a statutory and conceptual approach, which is summarized by examining statutory regulations and related legal doctrine. The results of this study explain that the Indonesian government is opening up opportunities by legalizing digital crypto investment activities to strengthen the economic sector. Crypto in Indonesia can only be used as an investment instrument, not currency. The implementation of crypto asset trading is regulated in the Commodity Futures Trading Supervisory Agency (Bappebti) Regulation Number 5 of 2019 concerning Technical Provisions for the Implementation of Physical Crypto Asset Markets. This regulation regulates the use of Good Corporate Governance principles in the context of carrying out buying and selling of crypto assets on the Crypto Futures Exchange (CFX). Bappebti's regulations were then changed with the enactment of Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (UU P2SK) which expanded the authority and responsibility of the Financial Services Authority (OJK) to include digital financial assets, crypto assets and Financial Technological Innovation Sector. (ITSK). 
Balancing Democracy and Adz-Dzari'ah Principles: Legal Reasoning on Term Limits for Political Party Chairpersons in Indonesia Billah, Mu'tashim; Rahma, Vivi; Yudha, Alda Kartika
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.v12i2.3171

Abstract

This study explores the issue of term limits for political party chairpersons from the perspective of democracy and the principles of az-zari'ah. In 2022-2023, there was a surge in lawsuits to the Constitutional Court regarding the absence of rules regarding the term of office of political party chairpersons in Indonesia. The number of lawsuits shows that the absence of such rules has caused considerable problems, both within and outside political parties and the state. Various political diseases have become increasingly apparent, such as the perception that public officials only follow the direction of party leaders (bossism), and this has the potential to lead to abuse of power by political party chairmen in the context of public policy. Using a qualitative literature review methodology, this study uses a comparative philosophical approach, namely by paying attention to the principles of democracy and applying methods derived from az-zari'ah. Both of these are used because, on the one hand, Indonesia is a country that applies the principles of democracy; on the other hand, many Indonesian people believe in the truth of Islamic law, including the principles of az-zari'ah. It was found that, from the perspective of az-zari'ah, the term of office of the party chairman must be limited (closed) so as not to become a vehicle for political disease. By Az-zari'ah, limiting the term of party leaders becomes a crucial matter, as it helps mitigate potential harms that may arise in the absence of such limitations. Meanwhile, from a democratic perspective, it also has the same value implications, namely the need to limit the term of office of the chairman. Democracy has the basic function of limiting political power in a person and not expanding or giving unlimited power like a monarchical system. This is because democracy believes that power tends to corrupt, and absolute power corrupts. So, since Indonesia uses the philosophy of democracy in its country, every political institution, in this case, political parties, must abide by the same rules.
Implementation of Food Estate for Improving The Community Welfare from The Perspective of Agrarian Reform in Indonesia Nabella, Nabella Rezkika; Haq, Muhammad Izzul
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 13 No. 1 (2024): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/xdct2b32

Abstract

This study aims to analyze the implementation of food estates in improving community welfare from an agrarian reform perspective. Additionally, it seeks to identify the obstacles to implementing food estates in enhancing community welfare. A food estate aims to achieve food security for improving community welfare. In Bansari Subdistrict, Temanggung Regency, Indonesia, the Food Estate program utilizes existing land for horticulture without opening new land. However, in a broader context, several issues regarding this program have led to it being considered less implementable and potentially contradictory to the concept of welfare from an agrarian reform perspective. Answering the problem, this field study employed an empirical legal approach and theories of natural resource management, legal benefit theory, and welfare theory. The results show that implementing food estates in Bansari District, Temanggung, has improved community welfare from an agrarian reform perspective. One of the reasons for the program's success is that it is targeted and does not open new land, taking into account aspects of nature conservation and sustainability of benefits for farmer groups. The challenges faced by the food estate in Bansari District, Temanggung Regency, include internal conflicts among farmer groups due to poor communication, imbalances in the implementation of the food estate program, and a lack of information regarding data on farmer groups receiving subsidies from the food estate program.
Judgement without Sanction on Corporation's Forest Burning; Judges and In Dubio Pro Natura Principle in Indonesia Taefur, Mohamad Azkal; Nuriyatman, Eko
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 13 No. 1 (2024): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sxyk5019

Abstract

This study aims to analyze judges' decisions related to forest fire cases. More specifically, it seeks to analyze the judges' reasoning based on the principles of justice, legal certainty, and public interest, as well as the application of the principle of in dubio pro natura in environmental damage cases. Forest and land burning for plantation purposes continues to increase, and legal efforts and law enforcement face numerous obstacles in terms of evidence. As a result, many forest and land burning cases go unpunished. The decision No. 233/Pid.b/Lh. 2020/Pn.Pbu and the cassation decision No. 3840 K/Pid.Sus.Lh/2021 acquitted the defendant PT S of liability for the forest and land fire incident. To analyze this case, the study uses Gustav Radbruch's theory of the purpose of law, which includes justice, legal certainty, and utility. The decisions of the first-instance court and the cassation court failed to adequately consider the principles of justice and utility, particularly regarding environmental protection. Although the principle of “in dubio pro natura” was applied, the judges' decision relied more on the logic of legal certainty, which only determines the decision based on evidence presented in court rather than the actual facts on the ground where the forest fire occurred. The principle of precaution was ignored by the defendant and overlooked by the judges.
Protection of Medical Personnel and Health Facilities in Palestinian-Israeli Armed Conflict in International Humanitarian Law and Conflict Theory Perspective Maulida, Yumna Nur; Dar Nasser, Montaser Faris; Mujib, M. Misbahul
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 13 No. 1 (2024): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/0ja2gm43

Abstract

The purpose of this study is to analyze both the protection of health facilities and the rights of medical personnel during the 2023 conflict between Palestine and Israel, as well as to investigate the causes of violations against these protections and rights. Protecting health facilities and medical personnel in the war between Palestine and Israel is a daunting task with all the consequences and death threats that can occur. In 2023 there have been several cases of attacks on hospitals and doctors being shot dead in Gaza City. This study employed doctrinal and hermeneutic methods with the theory of international humanitarian law and human rights theory, as well as conflict theory, to explain the causes of human rights violations despite the existence of international humanitarian law. The results of this study prove that there are still many violations of international humanitarian law, especially the 1949 Geneva Convention regarding legal protection for health facilities and medical personnel on the battlefield. This is due to the conflict of interest between countries or ethnicities, where both the state and ethnic Israelis and Palestinians feel threatened by each other's existence. Capitalist orientation also exacerbates ethnic class differences and creates power imbalances. Economic motives to compete for territory, natural resources, and power can easily lead to violations of non-combatant rights, including those of health facilities and medical personnel.
Granting Permission for Registering Interfaith Marriage in Indonesia; The Marriage Law and The Human Rights Law Perspective Karim, Ahmad Busyrol; Ramsay, Sahur
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 13 No. 1 (2024): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/1g596y96

Abstract

Interfaith marriage always controversial in Indonesia. The granting of permission to register interfaith marriages has been rampant in the District Court before the existence of Supreme Court Circular Letter No. 2 of 2023 concerning the prohibition of registering interfaith marriages. The granting of permission to register interfaith marriages is very controversial because it is not clearly regulated in the marriage law. Surabaya District Court with Number: 916/Pdt.P/2022/PN.Sby has given permission for registering interfaith marriages. This research aims to find out the legal considerations of the judge in granting permission for  registering interfaith marriages, and to analyze the decision in terms of the Marriage Law and the Human Rights Law. This study is a library study with a normative juridical approach. It uses the legality theory and the universality and relativity  theory of human rights. This study concludes that the judge has considered the human rights of the petitioners to grant the registration of marriage between different religions. In terms of the Marriage Law, the legal considerations used by the judge are not quite right, because the article explains that marriage is prohibited if it is prohibited by religion, and all religion in Indonesia prohibit interfaith marriage. In terms of the Human Rights Law, it is explained that a marriage is valid if it is in accordance with the provisions of the applicable laws and regulations, so that the legalization of marriage should refer to the Marriage Law.
The Failure of Divorce Mediation: The Role of Attorney in the Mediation Process of Divorce Cases in Indonesia Robbani, Banaan Iqbal; Putra, Adji Pratama; Suprianto, Agus
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 13 No. 1 (2024): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/jtxm1b69

Abstract

This study aims to analyze the role of an attorney in the mediation process of divorce cases at the Sleman Indonesia Religious Court. In some divorce cases, a lawyer can appear to influence his client (the litigant) in the mediation room. Because of the lawyer's intervention, the disputing parties who initially wanted a settlement change their decision to divorce. This study is a field study whose data is collected through interviews and observations at the Sleman Religious Court. It employed legal ethics theory to analyze the role of an attorney in the divorce mediation process and legal system theory to analyze several factors that cause the failure of divorce mediation, as well as whether an attorney has a role. The results of this study show that many attorneys have carried out their duties by the Advocate Code of Ethics and by the regulations on mediation procedures in the court. However, some advocates still try to influence their clients in the mediation process. From a juridical perspective, it cannot be justified, as it does not follow the law and ethics. However, it is not entirely to blame, because in terms of legal structure, there are mediation facilities at the Sleman Religious Court that are not regulated by the Supreme Court, such as mediation rooms that are not soundproof, so that the attorney hears the conversation between the mediator and the principal.
Legality and Legitimacy of Khatam Al-Quran: Study on Formalization of Islamic Law in Banjar Regency, South Kalimantan Tobroni, Faiq; Nasrudin, Muhamad
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 13 No. 1 (2024): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/qehd7d25

Abstract

This article identifies two forms of support for the formalization of Islamic law by examining the case of the Khatam Al-Qur'an in Banjar Regency, South Kalimantan. Using the theoretical framework of legal instrumentalism, it raises the question: how can the legality and legitimacy of the Khatam Al-Qur'an formalization in Banjar Regency be understood? From a legal standpoint, this formalization is valid and carries juridical authority within the framework of national law. Meanwhile, in terms of legitimacy, the policy enjoys strong public support as it is rooted in a local tradition known as Batamat—a deeply embedded cultural practice of Qur’anic completion ceremonies in Banjar society. Applying the theory of legal instrumentalism, this article finds that the formalization of Khatam Al-Qur`an has occurred through two complementary pathways. The first is the enactment of a regional regulation (Perda Khatam Al-Qur`an), which serves as the source of its legality. The second is the Batamat tradition, which provides the foundation for its legitimacy.
Local Regulation on Inclusive Education: Assessing Educational Policy Commitment and Affects of Yogyakarta Local Government Indonesia Santosa, Sedya; Kamala, Izzatin
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 13 No. 2 (2024): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/2kk77637

Abstract

This study aims to analyze the implementation of the Governor Regulation of the Special Region of Yogyakarta Number 77 of 2022 concerning the Implementation of Inclusive Education, with a focus on access for Children with Special Needs (ABK), the existence of Disability Service Units (ULD), the availability of Special Education Support Teachers (GPK), and accessible facilities and infrastructure. Although this regulation is progressive and aims for comprehensive integration, several studies evaluating it using the Inclusion Index in public elementary schools yielded achievement scores of around 76%. These findings indicate a gap of nearly 24% from the ideal inclusion standard that suggsets although formal policies exist, their implementation is not optimal. The method used is a legal-normative approach with a descriptive qualitative approach through document analysis, regulations, media reports, and official publications up to the end of 2024. Analysis using Edward's policy implementation theory indicates that the clarity of communication greatly influences the policy's effectiveness, the structure's readiness, and the implementers' attitude. The findings reveal that there is still a gap between norms and reality in all four aspects. Thousands of children with special needs are not enrolled in school, which challenges communication and policy structure. The ULD is only active in some areas, indicating that the bureaucratic structure is not optimal. The number of GPK is still limited and unevenly distributed, reflecting resource constraints. Accessible facilities are not widely available, posing a real barrier to inclusion. However, there has been progressing, such as regular teacher training and support in certain areas.
Public Legal Awareness and the Effectiveness of Indonesia’s Personal Data Protection Law: Bridging Normative Framework and Privacy Paradox Darnela, Lindra; Rusdiana, Erma
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 1 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/2gg2rp29

Abstract

The increasing frequency of personal data breaches in Indonesia underscores the urgency of ensuring effective legal protection for citizens' privacy rights. The enactment of the Personal Data Protection Law (Law No. 27/2022) is a significant milestone, but its effectiveness depends not only on regulatory provisions but also on public legal awareness. Previous studies have largely focused on the normative framework and technical protections, with limited attention to how the public perceives and responds to personal data protection. This study applies a normative-empirical approach, combining doctrinal legal analysis with survey data, to assess the level of public legal awareness regarding data protection obligations and risks. The study's findings reveal that although many respondents acknowledge the potential dangers of excessive data disclosure, they still grant access to applications, reflecting the so-called privacy paradox. This inconsistency suggests that legal protection alone cannot guarantee effective law enforcement without parallel improvements in digital literacy and legal awareness. The novelty of this study lies in the linkage of Indonesian data protection law to the sociological dimensions of public legal awareness, a perspective rarely emphasized in previous research. The results contribute to academic discourse by integrating normative analysis with empirical evidence and offer practical implications for policymakers to design targeted legal education and digital literacy programs that strengthen the enforcement of the Personal Data Protection Law in Indonesia in particular and become a reflection and reference for other countries globally.

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