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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 227 Documents
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Public Officials, Social Media, and Criminal Defamation: Rethinking Responsibility under Indonesia’s ITE Law Hartanto, Hartanto
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 2 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.0ap6qa30

Abstract

The expanding use of social media by public officials has transformed governmental communication into a real-time, direct, and wide-reaching practice, while simultaneously generating new legal tensions concerning criminal defamation and responsibility for reputational harm in digital environments. This paper seeks to propose how a balance between freedom of expression and the public official’s function of disseminating information through media and the constitutional protection of individual honor can be formulated within the framework of criminal liability for defamation on social media under the ITE Law. This study employs a normative legal research method using statutory and conceptual approaches, supplemented by a case approach through the controversy of DN versus AR as a public official in Surabaya as an illustrative instance of the application of Article 27A juncto Article 45(4) of the ITE Law. Primary and secondary legal materials were analyzed prescriptively to examine the role of social media as a medium of communication, the element of intent (dolus), and the positional consequences of public officials in criminal liability. The findings show that the ITE Law does not merely function as a repressive instrument against citizens, but also as an institutional control mechanism that imposes a duty of care on public officials when communicating through social media. The criminal defamation provisions under Article 27A in conjunction with Article 45(4) ITE Law establish constitutional and penal boundaries that restrict public officials’ freedom of expression, requiring accuracy, verification, and proportionality to prevent reputational harm.
Reassessing Reductionism in Logical Positivism: A Dogmatic Legal Critique Annas, Gilang Kresnanda; Kurniyanto, M. Nurlaili Dwi; Yandy, Eza Tri; Fatiha, Nilam
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 2 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.ctp9wt61

Abstract

Despite its long-standing dominance in dogmatic legal science, logical positivism has been increasingly criticized for its tendency to reduce law to a purely normative and formal system. While extensive scholarship has examined legal positivism in general, the specific problem of reductionist assumptions within logical positivism—and their implications for dogmatic legal science—remains insufficiently explored. This article aims to critically examine the reductionist assumptions underlying logical positivism from the perspective of dogmatic legal science, with particular attention to their epistemological consequences. This study adopts a normative–doctrinal legal method combined with conceptual and critical approaches to analyze the epistemological foundations of reductionism in logical positivism. The analysis draws on legal positivist theory and its critiques, particularly dogmatic legal theory and critical jurisprudence, to assess the limitations of reductionist reasoning in legal analysis. The study finds that reductionist assumptions in logical positivism significantly limit the capacity of dogmatic legal science to account for the social, moral, and interpretative dimensions of law, thereby narrowing its epistemological scope. This article contributes to legal theory by demonstrating the need for a more context-sensitive and interdisciplinary framework within dogmatic legal science to overcome the epistemological limitations of logical positivism.
Overlapping Music Royalty Sanctions in Public Spaces: An Analysis of Indonesian Legal Politics Sakundiana, Vita Dwi; Alatas, Lulu Syakirah; Permatasari, Desi
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 2 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.0ap6qa31

Abstract

The use of music in public spaces continues to increase alongside the development of the entertainment, tourism, and marketing industries, at both the national and international levels, making the management of music royalties a strategic issue in copyright governance. Many previous studies have focused solely on law enforcement effectiveness or compliance with royalty payments, without examining in depth the legal politics underlying the disharmony between public legal norms and contractual mechanisms for royalty management. This study aims to analyze the direction of legal politics in managing music royalty sanctions in the public space, as set out in Law Number 28 of 2014 concerning Copyright (the Copyright Law) and contracts managed by the National Collective Management Institute (LMKN). The method used is a normative juridical approach that analyzes the Copyright Law and applies the principle of distributive justice, drawing on primary and secondary legal materials. The results of the study show that the overlap of sanctions is caused by the absence of a clear legal-political design for placing LMKN contracts as hierarchically integrated instruments within public legal norms, thereby creating legal uncertainty, potential duplication of sanctions, and weak governance of royalty distribution. The novelty of this research lies in its analysis of legal politics in the relationship between public norms and private contracts in the music royalty system, which makes a conceptual contribution to harmonizing sanctions and renewing copyright policies in the era of the digital creative economy.
Reassessing Dwangsom in Indonesian Civil Procedure Law: Legality, Preferences, and Urgency Setiawan Negara, Dharma; Susilo, Erwin; Lufsiana
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 2 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.ctp9wt62

Abstract

Dwangsom are intended to compel the losing party to comply with a legally binding court decision. However, in Indonesian civil procedural law, they continue to cause uncertainty and debate. Generally, previous research has focused only enforcement of a fine obstacles rather than on normative limitations, issues with the principle of justice, and the sustainability of dwangsom. This research aims to discuss the legality, preferences, and urgency of Dwangsom through doctrinal legal research methods, drawing on statutory, conceptual, and comparative approaches. The analysis was conducted on Indonesian regulations by comparing them with Dutch civil procedural law as a reference.  The findings highlight three key points. First, the application of dwangsom can be traced back to Articles 606a and 606b of the Reglement op de Rechtsvordering (Rv) serve as the primary legal basis for the imposition of dwangsom in Indonesian civil procedure. Second, the principle of proportionality demonstrates that dwangsom should not be applied to judgments involving the payment of a sum of money or debt obligations, because monetary obligations already have their own enforcement mechanism. Third, future reform of Indonesian civil procedure law is necessary to establish measurable standards for determining the dwangsom. The absence of clear limitations regarding the amount and duration of dwangsom creates significant risks of abuse. These findings expand on previous studies by positioning dwangsom as a procedural sanction that must be tested through the principles of proportionality and legal certainty.
Health Inequality and Structural Injustice in Indonesia’s National Health Insurance System: A Rawlsian Analysis Alif Ahmad; Axel Raphael; Zuwanda, Said Sadam; Sahur Ramsay; Diakaridia Fomba
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 2 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.ctp9wt64

Abstract

This article analyzes structural inequalities in the implementation of the National Health Insurance Program (JKN) in Indonesia using John Rawls’ Difference Principle as a normative framework. Although JKN has achieved near-universal coverage of approximately 98% of the population by 2025, disparities in access, quality, and distribution of healthcare services persist, particularly in remote, border, and archipelagic areas (DTPK). This study employs a normative legal method combined with policy analysis to evaluate whether the institutional structure of Indonesia’s health system has provided optimal benefits for the least advantaged groups. The findings show that unequal distribution of medical personnel, the concentration of specialist doctors in urban areas, and limited primary healthcare infrastructure reflect structural failures that contradict the principle of distributive justice. The JKN system, which is formally universal, has not been able to ensure substantive justice as it continues to reproduce social and geographical inequalities. This article contributes theoretically by integrating Rawls’ Difference Principle into health policy analysis, and practically by offering a justice-based reform framework through affirmative and redistributive interventions, including redistribution of health workers, inequality-based budget reallocation, and the use of health technology to overcome geographical barriers. These findings emphasize that achieving justice in the health system is not sufficient through expanding financial coverage alone, but requires structural transformation oriented towards the most vulnerable groups.
Monetizing Crime: Public Perception and The Stigma of Commercialized Justice in Indonesian Penal Mediation Kholid Zulfa; Nurus Zaman; Mohd Zaidi Daud; Hanif Nur Rokhim; Nur Hayati Aulia
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 15 No. 1 (2026): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.ctp9wt70

Abstract

This article examines the stigmatization of penal mediation in Indonesia as a form of commercialized justice or monetization of crime, particularly in the context of the newly enacted National Criminal Code of 2023. Utilizing normative legal research methods incorporating conceptual and statutory approaches, this study analyzes the factors shaping public perception that penal mediation constitutes a commodification of justice. The findings identify three primary sources of this stigma: (1) the persistence of retributive paradigms within public legal consciousness; (2) the absence of comprehensive technical regulations governing penal mediation implementation; and (3) economic disparities that undermine the bargaining position of economically disadvantaged parties. The research further reveals a significant disjuncture between the formal provisions of the National Criminal Code and their practical implementation across Indonesian jurisdictions, attributable to inadequate facilitator training, insufficient oversight mechanisms, and the lack of standardized procedural guidelines. Conceptually, penal mediation embodies restorative justice principles centered on victim restoration, offender accountability, and social reintegration, rather than constituting a marketplace for justice. This study contributes to restorative justice scholarship by integrating John Rawls' theory of justice with Islamic legal principles, offering a culturally grounded framework for analyzing equitable access to restorative processes. The findings inform policy recommendations encompassing comprehensive technical regulations, transparent oversight mechanisms, professional and independent facilitators, equitable legal aid provision, and sustained public education initiatives to ensure penal mediation functions as an instrument of substantive justice rather than a vehicle for commercializing crime.
Norm Fragmentation in Indonesia's Offshore Carbon Capture and Storage Regulation: A National and International Legal Analysis M Misbahul Mujib
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 2 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.ctp9wt67

Abstract

The development of offshore Carbon Capture and Storage (CCS) has become an important component of Indonesia’s climate mitigation and energy transition strategy, particularly following the enactment of Presidential Regulation No. 14 of 2024 and Minister of Energy and Mineral Resources Regulation No. 2 of 2023. Despite these regulatory developments, offshore CCS governance remains dispersed across environmental, maritime, energy, climate, and international legal regimes, creating challenges for legal coherence and effective marine environmental governance. This study examines the forms of norm fragmentation within Indonesia’s offshore CCS regulatory framework and evaluates their implications for legal certainty and sustainable offshore carbon storage governance. It employs normative legal research using statute and conceptual approaches. The analysis is grounded in Regulatory Fragmentation Theory and supported by institutional mapping and a comparative regulatory matrix to identify overlaps, inconsistencies, and gaps among relevant legal instruments. Primary legal materials consist of Indonesian legislation and international legal instruments, particularly UNCLOS 1982 and the London Protocol framework. The findings reveal five principal forms of norm fragmentation: environmental governance fragmentation, maritime and spatial governance fragmentation, licensing and institutional fragmentation, liability and long-term monitoring fragmentation, and fragmentation between domestic offshore CCS norms and international marine environmental obligations. These forms of fragmentation arise from overlapping authorities, insufficient integration of offshore CCS within marine spatial planning, inconsistent monitoring and liability arrangements, and incomplete alignment with international legal frameworks governing offshore carbon storage and transboundary CO₂ transport.This study contributes to the emerging scholarship on offshore CCS governance by developing a norm-fragmentation framework that integrates environmental, maritime, energy, and international law perspectives. It concludes that legal harmonization, stronger institutional coordination, and greater alignment with international standards are essential to support sustainable offshore CCS development in Indonesia.

Page 23 of 23 | Total Record : 227

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