Jurisprudentie
JURISPRUDENTIE : JURUSAN ILMU HUKUM FAKULTAS SYARIAH DAN HUKUM IS TO PROVIDE A VENUE FOR ACADEMICIANS, RESEARCHERS, AND PRACTITIONERS FOR PUBLISHING THE ORIGINAL RESEARCH ARTICLES OR REVIEW ARTICLES. THE SCOPE OF THE ARTICLES PUBLISHED IN THIS JOURNAL DEALS WITH A BROAD RANGE OF TOPICS IN THE FIELDS OF CRIMINAL LAW, CIVIL LAW, INTERNATIONAL LAW, CONSTITUTIONAL LAW, ADMINISTRATIVE LAW, ISLAMIC LAW, ECONOMIC LAW, MEDICAL LAW, ADAT LAW, ENVIRONMENTAL LAW AND ANOTHER SECTION RELATED CONTEMPORARY ISSUES IN LAW.
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208 Documents
<![CDATA[JUVENILE SEXUAL OFFENDER: PSCYHOLOGICAL ABUSE BY PARENTS OR CAREGIVER AND ISLAMIC PERSPECTIVES ]]>
<![CDATA[Adira Rizki Shabrina]]>;
<![CDATA[Karimulloh Karimulloh]]>;
<![CDATA[Zulfa Febriani]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 8 No 1 (2021) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
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DOI: 10.24252/jurisprudentie.v8i1.21307
<![CDATA[Psychological abuse has been attributed as the root cause of sexual violence by juvenile, or known as juvenile sexual offender (JSO), while research related to the topic is still little. The purpose of this study is to understand the dynamics of psychological abuse by parents or caregivers so that it is assumed to be a trigger for sexual violence by juvenile, and to see the Islamic views of it. This study used qualitative method with a phenomenological and descriptive approach. The results showed that there were three main themes identified, namely: psychological abuse, appreciation of psychological abuse and the meaning of sexual relations. It can be concluded that participants who feel that they did not get affection from their parents or caregiver as a result of the psychological abuse they experienced are encouraged to seek affection through sexual intercourse. Based on Islamic perspective, psychological abuse by parents or caregivers is a form of violation of the mandate that Allah SWT has entrusted to them.]]>
<![CDATA[PEMENUHAN HAK-HAK KHUSUS NARAPIDANA PEREMPUAN (STUDI PADA LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS III TERNATE) ]]>
<![CDATA[Anshar Anshar]]>;
<![CDATA[Syawal Abdulajid]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 8 No 1 (2021) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
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DOI: 10.24252/jurisprudentie.v8i1.21364
<![CDATA[This paper examines the implementation of the fulfillment of the special rights of women prisoners under certain conditions, such as menstruation, pregnancy, childbirth or breastfeeding who take the object of study at the Class III Ternate Women's Prison. The research was conducted using empirical legal research type by collecting primary and secondary data with data collection techniques both in field studies and literature studies. The results showed that the fulfillment of special rights for women prisoners had not been implemented properly. This is influenced by several factors, one of which is the absence of legal instruments that can standardize the fulfillment of special rights for women prisoners. So that in the future there is a need for seriousness from the state to compile and enforce these legal instruments so that they can be immediately applied to every women's penitentiary throughout Indonesia.]]>
<![CDATA[REVIEW ON THE RIGHTS TO BE CHARGED FAIRLY FOR CHASES’S SUSPECT DUE TO THE PUBLIC ATTENTION IN TRIAL SYSTEM INDONESIAN LAW ]]>
<![CDATA[Dian Narwastuty]]>;
<![CDATA[Arman Tjoneng]]>;
<![CDATA[Evi Hanias]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 8 No 1 (2021) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
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DOI: 10.24252/jurisprudentie.v8i1.21306
<![CDATA[A trial is an important stage in proofing for each party. Each of the party will submit any evidences to support their arguments of evidence so that the panel of judges can examine and judge cases clearly. Each party has the right to undergo a form of trial that is fair (fair trial). In this paper, the writing team focuses on the issue of the defendant's right to a neutral trial process. But the reality is that in several criminal cases that attract public attention, there is often a neglect of the defendants' rights to undergo a trial that is free from public pressure, excessive media coverage, and even the accompanying opinion on a case. This has resulted in a flaw in law enforcement where the law should be able to provide the same service and sense of security to every justice seeker. This lame criminal law will result in the presence of an unfair decision for both the victim and the accused.This research used normative research with comparative approach and Conceptual approach. These approachs are used to examining all laws and regulations related to the legal issue that are imposed in this research. Research is elaborate with the views and doctrines that are developing in in law. The data used are secondary data obtained by library research and primary data obtained by conducting interviews with respondents and litigation institutions. The conclution that can be drawn from the discussion are there is a loop in our Criminal Procedural system. Especially in treating a case with a huge public attention. It urges to be fixing, so the dignity of the trial of courtroom will be stay. The massive broadcasting for the live trial should be re-considered. The broadcaster right should not be offending the courtroom dignity. The trial may keep the media in courtrooms as long as to keep the fairness of trial.]]>
<![CDATA[LEGAL PROTECTION OF NON WAGE WORKERS' RIGHTS AFTER OMNIBUS LAW ]]>
<![CDATA[Ravi Danendra]]>;
<![CDATA[I Gusti Ayu Ketut Rachmi Handayani]]>;
<![CDATA[Abdul Kadir Jaelani]]>;
<![CDATA[Fatma Ulfatun Najicha]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 8 No 1 (2021) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
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DOI: 10.24252/jurisprudentie.v8i1.21334
<![CDATA[This study aims to analyze the legal protection of non-wage workers' rights after enacting the omnibus law. The type of research used is normative legal research. Normative legal analysis prioritizes library research by collecting data from libraries and other places. The research data used is secondary data. Secondary data collection tools in the form of books related to the theory and concept of the object of research, related articles, scientific writing literature, and so on through library research. The study results show that the legal protection of the rights of non-wage workers after omnibus Law is very minimal and does not reflect the provisions of Article 28 D paragraph (2) of the 1945 Constitution.Keyword: Protection; Wage; Employment.]]>
<![CDATA[Law Enforcement The Crime Of Corruption Abuse Of School Operational Assistance Funds ]]>
<![CDATA[Tri Syafari]]>;
<![CDATA[Ridjal J Kotta]]>;
<![CDATA[Basto Daeng Robo]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 8 No 2 (2021) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
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DOI: 10.24252/jurisprudentie.v8i2.25558
<![CDATA[With the existence of school operational assistance funds (BOS), it is hoped that public access to quality education is expected can be achieved. However, in practice the use of BOS funds is not always what is expected. This is because there are irresponsible elements who often misuse the BOS funds. Individuals who use BOS funds not in accordance with the guidelines for the use of BOS funds can be held legally responsible. The occurrence of corruption in the misuse of school operational assistance funds is caused by several factors, namely the school operational assistance management team that should have been formed by the school principal has never been formed, so that the management of school operational assistance funds is not transparent and accountable. Another factor is the weakness of the control system in the management of the School Operational Assistance Fund, which creates opportunities for managers to use BOS funds for personal interests. Perpetrators of criminal acts of corruption misuse of school operational assistance funds have been processed by law enforcement officials. The process starts from the stages of investigation, prosecution and trial and has obtained a final and binding decision. Even the perpetrator who was convicted and has served the sentence imposed on him. In the process, law enforcement officers have carried out the law enforcement process and have provided legal certainty for the actions of the perpetrators. However, the results of the process are still far from the principles of justice and benefits for the community]]>
<![CDATA[Implementation Of Corporate Social Responsibility In Companies As A Form Of Empowerment Of Islamic Economic Production Principles ]]>
<![CDATA[Suseno Adi Wibowo]]>;
<![CDATA[Dian Prastika]]>;
<![CDATA[Muhammad Wahyu]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 8 No 2 (2021) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
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DOI: 10.24252/jurisprudentie.v8i2.23526
<![CDATA[From an Islamic perspective, production activities in companies are based on the principles or values adopted by Islamic teachings which are sourced from the Al-Qur'an and As-Sunnah which aim to obtain benefits for human life. One of them is by applying the concept of corporate social responsibility as a form of concern in building the surrounding environment to improve the quality of life for a better and more prosperous. This study aims to identify and analyze the implementation of the concept of corporate social responsibility as a form of embodiment of the principles of production activities in companies according to an Islamic perspective. This study uses a normative juridical approach, which is focused on examining the application of norms or norms in positive law. The results of this study indicate that production activities in the perspective of Islamic economics are not only oriented to gain profit alone but to obtain the benefit of the individual (self-interest) and the benefit of society (social interest) in a balanced way. The manifestation of the principle of justice in production is the implementation of corporate social responsibility or known as Corporate Social Responsibility which is in line with Islamic teachings which teach balanced responsibility in all its forms and scopes.Keywords: Production, Economy, Corporate Social Responsibility.]]>
<![CDATA[The Urgency Of The Imposition Of Value Added Tax (Vat) On Digital Products With The Type Of Smartphone Applications In The Era Of The Industrial Revolution 4.0 ]]>
<![CDATA[Alviona Anggita Rante Lembang]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 8 No 2 (2021) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
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DOI: 10.24252/jurisprudentie.v8i2.23834
<![CDATA[The current era of globalization makes Indonesia can easily develop to compete with other countries. Until now, Indonesia is occupying the Industrial Revolution Era 4.0 so that public awareness and appreciation is needed. The application growth, which is already high and widely used by the public, is considered to be a new source of income for the state. Due to the growth of applications and their increasing number of users, smartphone applications have become public consumption, so they can be included as objects of Value Added Tax (VAT). The imposition of VAT on smartphone applications can greatly increase state revenues due to the very high number of smartphone users in Indonesia. Through the results of this study, VAT on smartphone applications is considered to be effective if it can be used as a means to increase state income and create justice for all business actors, both conventional and digital.]]>
<![CDATA[ANALYSIS OF THE BALANCE OF INTEREST PROTECTION OF DEBTORS AND CREDIBTORS IN THE BANKRUPTCY LAW ]]>
<![CDATA[Fatihani Baso]]>;
<![CDATA[Ayu Kholifah]]>;
<![CDATA[Andi Novita Mudriani Djaoe]]>;
<![CDATA[Redita Septia Sari. H]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 8 No 2 (2021) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
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DOI: 10.24252/jurisprudentie.v8i2.21320
<![CDATA[The Bankruptcy Law is intended to maintain business continuity, not only debtors but also creditors and parties who are indirectly involved in the bankruptcy case. The purpose of the Bankruptcy Law is not to impoverish debtors and creditors and other parties but to ensure how after the bankruptcy decision the parties can resume their business or start a business again from scratch. The research approach used in this research is qualitative. The type of research is library research or normative juridical. Sources of data come from laws, journals, and books related to the Bankruptcy Law. The method of data collection is done through documentation in the form of books and journals. The data obtained were then processed and analyzed prescriptively and descriptively. Data processing is carried out by systematizing legal materials by classifying data to facilitate analysis and construction in normative legal research. The results of this study indicate that the Bankruptcy Law as far as possible maintains the balance of rights of debtors and creditors. Article 2 Paragraph (1) In simple terms, the procedure for bankruptcy of a person is also excluded if the debtor is hopelessly in debt or has no hope of continuing his business. Article 2 Paragraphs (2), (3), (4) and (5) provide limited access for certain lines to be bankrupt, seeing that these lines are in direct contact with the interests of the general public. Article 4 aims to maintain family harmony. Article 41 to maintain the continuity of the creditor's business when the debtor is in the process of bankruptcy.]]>
<![CDATA[Helping Children Victims Of Sexual Violence By The Center For Integrated Services For Women And Children Empowerment (P2TP2A) Maros Regency ]]>
<![CDATA[Andi Megadara Santri Ramadhana]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 8 No 2 (2021) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
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DOI: 10.24252/jurisprudentie.v8i2.25196
<![CDATA[Violence is an act that causes misery or suffering physically, psychologically, sexually or acts who neglects someone to do any acts of force, any coercion, or unlawful deprivation of liberty. This act of violence is a crime that often occurs in Indonesia, including sexual violence. Sexual violence in which the majority of the victims are women and children. however, they're often on the highlight of the news that is displayed on newspaper or e-news. Children was a gift from God and they're the next generation of the nation's ideals who should be receive special protection as stipulated in the positive law of Indonesia. The impact of sexual violence is very detrimental to children both for their physically and psychologically.]]>
<![CDATA[Implementation Of Problem Credit Debtaccording To Civil Law ]]>
<![CDATA[Ashar Sinilele]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 8 No 2 (2021) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
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DOI: 10.24252/jurisprudentie.v8i2.25625
<![CDATA[The policy of implementing haircuts at the Bank has accelerated the restructuring of small and medium business loans. The issuance of these two decrees and the imposition of haircuts in theworld bankingfor certain parties have caused a legal problem, namely a decree has set aside all the rules stipulated in the existing laws, for example the rules regarding contract law. in the Civil Code. This is a deviation from the applicable legal principle, namely that higher regulations override lower regulations. Based on experience to achieve the expected effectiveness, it is better if thepolicy haircut through a presidential decree does not only provide discounts on bad loans but also does not limit the time interval for the loss, the important thing is that the debtor's criteria meet the requirements of SMEs affected by the monetary crisis.Keywords: Debt Cutting, Credit, Civil Law]]>
