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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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Problematika Stabilization Clauses dalam Kontrak Karya PT Freeport Indonesia Dan Kewajiban Membangun Smelter Pasca Putusan MK No 10/PUU-XII/2014 Arifin Ma’ruf
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 1 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v5i1.1995

Abstract

This paper discusses the problems of stabilization clauses in the contract of work PT Freeport Indonesia and the obligation to build a smelter after the Constitutional Court Decision No. 10 / PUU-XII / 2014, which contracts the work done by the government of Indonesia and PT Freeport Mc Moran is basically a contract concessions the majority of shares are held by the company Freeport McMoran and based on the clause that called stabilization clauses, meaning that mining / consesions agreement that has been signed today by the Freeport McMoRan and the Indonesian government based on the positive law today and should not be changed arbitrarily by the parties to the agreement, and turn must pass through the negotiation process, it causes other problems seriously on the current conditions, on the other hand after the Constitutional Court decision of the Constitutional Court No. 10/PUU-XII / 2014, although there are pros and cons that are very visible in the trial will but ahirnya Constitutional Court rejected the applicant in its entirety, so that the article being tested remain valid and require every mining company to make semelter enabled to pengilahan and purification of the mines in the country, but the construction of the smelter by PT Freeport Indonesia until 2016 only 15 per cent , This shows the company's half-heartedness in carrying out the mandate of the Mining Law, that should begin in 2014 for holders of contracts of work had to be beroprasi.
Politik Hukum Pengaturan Amandemen Undang-Undang Dasar Negara Kesatuan Republik Indonesia Tahun 1945 Nuraika Ishak
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v5i2.2011

Abstract

The results showed that an amendment to the 1945 constitution can be categorized as one ofthe ways to realize democracy based on law. That the state of law and democracy are two differentconcepts of freedom. Amendments to the Constitution of 1945 NRI is a form of legal reform andalso a manifestation of the democratic state that aims to benefit the people at large. Political power iscrucial because it is a legitimacy for the authorities to be able to apply the rules. The relationshipbetween politics and law is a relationship that can not be separated. Legal and real politics as asubsystem of society is to be open, because it both affects and is affected olehsubsistem each other aswell as by the social system as a whole. Although the law and politics has the function andjustification are different, but the two are not contradictory. Law and politics contribute according totheir function to drive the social system as a whole. Political law used as instruments to be able tocontrol the running of the government.
Peran Lembaga Bantuan Hukum Kampus di Perguruan Tinggi Keagamaan Islam Negeri dalam Bantuan Hukum Litigasi dan Non Litigasi terhadap Masyarakat Miskin Hariyanto Hariyanto
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v4i2.2005

Abstract

This study tried to determine the role of the two Legal Aid equally campusbased in its efforts to help the poor in legal aid in the field of litigation and nonlitigation. The study, which covered include the role of LPKBHI IAIN Walisongo andLKBH STAIN Purwokerto, case handling procedures, and constraints facedLPKBHI IAIN Walisongo and LKBH STAIN Purwokerto and strategies used toaddress them. This study used juridical empirical approach to comparative analysis.The findings of this study indicate that the difference between LPKBHI IAINWalisongo and LKBH STAIN Purwokerto. Among them are LPKBHI IAINWalisongo impure prodeo as ordered by Law No. 16 of 2011. LKBH STAINPurwokerto is still lacking good human resources, finance and facilities. Difference innumber of clients between the two Legal Aid Society very much, showing thatLPKBHI IAIN Walisongo more widely known by the public, it is believed in playingthe service function of law for the people. In the case, the Legal Aid is in principle thesame in terms of client service procedures both non-litigation and litigation. But in theactualization, LKBH STAIN Purwokerto still difficulties in maximizing its rolebecause it is hampered by many constraints both internal and external. WhileLPKBHI IAIN Walisongo, the problem is the performance of each division are lessthan the maximum, many administrators who served on the faculty, most of the board'slack of commitment. Meanwhile, the strategies used to overcome them; LPKBHIIAIN Walisongo build an extensive network with several organizations that producestrategic collaborations, the support of institutions that provided the impetus for gaitLPKBHI in giving legal aid. Average LKBH STAIN Purwokerto DIPA to requestfunds from the campus, asking for help Advocates from the outside (especially from thealumni).
Pelanggaran Persaingan Usaha dan Problematika Eksekusi Atas Putusan KPPU Arifin Ma’ruf
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v5i2.2008

Abstract

The genesis of Law No. 5 of 1999 on Prohibition Monopili and UnfairBusiness Competition is expected to be a solution to the problem of unfair businesscompetition that had been rife in Indonesia, the Commission dirikanya spirit in orderto "mensehatkan" business competition in Indonesia. Healthy competition would have apositive impact on entrepreneurs who compete against each other or compete as it maylead to efforts to increase efficiency, productivity, and quality of product produced. Theresults of this study show that the breach of competition rife in Indonesia is bid rigging,In addition there are the problems in the execution of the KPPU decision. This paperwill discuss the tender conspiracy that inhibit competition and problematic execution ofthe Commission's decision.
Implementasi Pembayaran Royalti dalam Perjanjian Lisensi pada Penerbitan Buku Tri Aktariyani
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v5i2.2006

Abstract

The results showed that the system of royalties on book publishing has fourelements, namely the elements of the subject between the author as creator and publisheras the copyright holder, elements of the agreement that the payment of royalties onpublishing a book based on the agreements set forth in the agreement in the form of alicense agreement. object elements are exploiting the economic rights over creative workssuch as books, element in the system of royalty payments of book publishing is doneaccording to the agreement. Supervision of the number of books published, printed andsold can not be much that can be done because the mechanism of publishing authors inthe book marketing is extremely complicated, in this cooperation kepercayaanlahfoundation. The process of transfer of rights to the publication of the manuscript done bythe author to different publishers to do that is the end of the book publishingagreements, tort, and begins with the selection of the type of agreement on transfer of acreation which Exclusive License Agreement, the Non-Exclusive License Agreementand the surrender agreement.
Interaksi Konfigurasi Politik dan Hukum dalam Rancangan Perubahan Kedua atas Undang-Undang Nomor 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi Abdul Qodir Jaelani
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v4i2.2002

Abstract

This paper discusses the Configuration Interaction Politics and Law in theDraft Second Amendment Act No. 30 of 2002 on the Corruption EradicationCommission. Configuration Interaction is known in the Draft Political and LawSecond Amendment Act No. 30 of 2002 on the Corruption Eradication Commission.If you dig deeper, the rule of law-related legislation and a democratic politicalconfiguration, should the legislation will bring forth legislation that is aspiration. Infact, a lot of cargo Draft Second Amendment Act No. 30 of 2002 on the CorruptionEradication Commission is problematic (not aspiration) in the era of the democraticsystem of Pancasila.
Kesiapan Pemerintah Kota Surakarta Dalam Menyiapkan Usaha Mikro, Kecil, dan Menengah (UMKM) Kota Surakarta untuk Menghadapi Masyarakat Ekonomi Asean 2015 Melalui Kebijakan Merek Alexander A Kurniawan
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v5i2.2004

Abstract

The study concluded that Law No. 20 Year 2008 on Micro, Small andMedium Enterprises (Act MSMEs) and Law No. 7 Thahun 2014 on Trade (Act ofTrade), Government Central Government and Local Government needs to empower theSMEs one aspect that needs to be done, namely aspect Trade Promotion whichregulates the ownership of the facilitation of Intellectual Property Rights in particular isa Trademark. Therefore, Surakarta or Solo as one of the regional government inIndonesia has also issued Regional Regulation No. 5 of 2014 About EmpoweringSMEs as a follow-up of the SME Act and the Commerce Act. But the Department ofCooperatives and SMEs as the official responsible for the empowerment of SMEsSurakarta do not have a specific policy to prepare SMEs in the face of MEA whichwill take effect at the end of December 2015 through the facilitation of the ownership ofIPR in particular the right to Brand. During this time, policy facilitation TrademarkRights in Surakarta is only intended for Small and Medium Industries (SMI) is notfor SMEs, facilitation was issued by the Department of Industry and Trade.
Perizinan Hotel di Dinas Perizinan Kota Yogyakarta Dalam Perspektif Good Governance Nurainun Mangunsong
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 5, No 2 (2016): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v5i2.1996

Abstract

This paper will examine the pattern of licensing policy and transparency. By using empiricaljuridical methods for the study of the results showed that administrative regulations and policiesbased on the Mayor and the Department of Licensing, the licensing policy patterns are in one townspatial layout system. That is, the hotel licensing should consider public spaces such as parking lots,green open spaces, access roads and transfortasi or mobility; social, economic, and health, especiallyhotel and water waste; and the construction of the addition of the road itself. Congestion be gaps inthe issue of granting the permit. On the other hand, the information service system through theInstitute of Integrated Services One-Stop Unit (UPTSA) with the licensing process remains in theagency/SKPD either conventionally or on-line (http://www.jogjakota.go.id., And http://perizinan.jogjakota.go.id), already provide services quickly and professionally. Ineffectiveness occurin the implementation of the technical authority on education and transparency of licensingverification and oversight of the hotel.
Penegakan Hukum Tindak Pidana Kekerasan dalam Rumah Tangga (Studi Kasus di Polresta Yogyakarta Tahun 2011-2013) M. Jamil
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v4i2.2000

Abstract

This study discusses the law enforcement criminal acts of domestic violence,which is more specialized in Yogyakarta Police 2011 - 2013. The results show thatthe process of inquiry and investigations conducted by the Police Yogyakarta onumumya are in accordance with Law No. 23 of 2004 on the Elimination of DomesticViolence, Law No. 2 of 2002 on Police and other laws. There are some things thatneed to be improved as maximizing PKDRT socializing and working with agencies orinstitutions to minimize the occurrence of domestic violence. Factors that lead todomestic violence in the jurisdiction of Police of Yogyakarta that factors jealous, factorbecause it has a PIL / WIL (affair), economic factors, because of religious teachingsallow, the education factor is low, a factor for their early marriages, lack ofunderstanding of the religious affiliation , as well as the presence of a third party (theaffair)
Reformasi dan Perlindungan Hak-hak Tahanan dan Narapidana di Lembaga Pemasyarakatan Ach. Tahir
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 2 (2015): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v4i2.2017

Abstract

Prisoners under the law that undergoing criminal is the prisoners with noindependence in Prisons. The state's role in protecting the rights of detainees andcorrectional Prisoners as follows: performing worship according to religion or belief,getting treatment, both physical as well as spiritual care, education and teaching, gettinghealth care and decent food, making a complaint, obtaining materials reading andfollowing other mass media broadcasts which are not prohibited, receiving family visits,legal counsel, or other specified person, a reduction of the criminal (remission), getting achance to assimilate including holidays to visit family, getting parole and getting aheadof the holiday freely. Such rights must be given to the detainees and the Prisoners asnational efforts in rolling out protection for the rights of detainees and Prisoners. But theimplementation of such rights have not been exercised since the birth of the IndonesianGovernment Regulation No. 99 Year 2012 About Conditions and Procedures ofImplementation Team Building Correctional Rights. See the reality of the need toreform the bureaucracy in the Correction Board considering the habit of prolonging theprisoners in prison to prevent the granting of a Conditional Discharge (PB),assimilation, Holidays By Independent (CMB) and Visiting Family Leave (CMK)and lack of budget

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