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.
Articles
208 Documents
<![CDATA[Legal Protection Of Intellectual Property Rights Of Aren Bone Sugar In The Perspective Of Geographic Indications ]]>
<![CDATA[Jumardi Ardi]]>;
<![CDATA[Hasbir Paserangi]]>;
<![CDATA[Marwah]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 1 (2022): Vol. 9. No. 1 (2022) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/jurisprudentie.v9i1.26370
<![CDATA[This study aims to analyze and identify the characteristics of Bone Palm Sugar so that it has the potential to be registered with geographical indications and identify local government efforts to report Bone Palm Sugar's geographical indications. The research was conducted using empirical research methods by conducting interviews with sources and collecting primary data on palm sugar farmers and district and provincial governments.The description in this study, namely: Bone Palm Sugar has the potential to be registered with geographical indications because it has a distinctive taste characteristic and a sweet palm sugar aroma, the color of the palm sugar produced is chocolate and natural production, the resulting Palm Sugar has the shape uniform, i.e., dry smooth. Geographical conditions Palm sugar, whose processed ingredients are taken from palm/inru/inau trees that grow in several sub-districts spread across Bone regency it is more widely used by the community for tuak drinks (sweet and sour) compared to trees in the highlands or mountains because the sap is suitable for processing palm sugar, and this is mainly produced by people in mountainous areas in Bone Regency. Local government efforts to register geographical indications of sugar Bone sugar palm is not optimal because the Regional Government has understood the importance of registering geographical indications and legally protecting a regional product as evidenced by the application for registration of communal intellectual property. However, the focus is only on cultural matters, even though a palm sugar industry can be developed and registered geographical indications.]]>
<![CDATA[Implementation Of Development Of Integrity Zones Towards Wbk (Corruption-Free Area) And Wbbm (Clean Service Bureaucracy Area) In Implementation Of Government To Fulfill The Community's Rights To ]]>
<![CDATA[Rizkian Fajar Sudictar]]>;
<![CDATA[Tri Hayati]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 1 (2022): Vol. 9. No. 1 (2022) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/jurisprudentie.v9i1.26977
<![CDATA[The Government of Indonesia's efforts to reform the bureaucracy is not something new. For the public to feel the results of the acceleration of Bureaucratic Reform that has been carried out by the government, especially in work units, the Ministry of Empowerment of State Apparatus and Bureaucratic Reform (Ministry of PAN RB) has issued Ministerial Regulation of PAN RB No. 52 of 2014 concerning Guidelines for the Development of an Integrity Zone towards a Corruption-Free Area and a Clean Bureaucratic Area Serving in Government Agencies, which was later refined by Ministerial Regulation of PAN RB No. 10 of 2019. In the context of the right to public services as a constitutional right of every citizen, can the development of this integrity zone be able to solve the problem of the poor quality of public services by the government? The research method used is a qualitative research method with a statutory approach and then analyzes the implementation in the field. The results of the study indicate that the current Integrity Zone implementation has not been maximized in fulfilling the constitutional rights of citizens related to public services and the fulfillment of economic, social, cultural rights (ekosob) as implications for public services. This is due to several reasons that the Integrity Zone evaluation notes. Therefore, the formulation of a strategy to accelerate the Integrity Zone needs to be carried out as a solution for providing appropriate public services.]]>
<![CDATA[Pertanggungjawaban Pidana Affiliator Binery Option Studi Kasus Platform Investasi Binomo: - ]]>
<![CDATA[Nita Anisatul Azizah]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 1 (2022): Vol. 9. No. 1 (2022) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/jurisprudentie.v9i1.28482
<![CDATA[Technological advances are marked by the rise of electronic users , sometimes these technological developments can be a terrible scourge for humans if user not good at using technology that . The extent of the reach found on the internet has an impact on the birth of new types of crime where we know that criminals do not see the place and time of committing a crime. Recently, Indonesia was shocked by the presence of new crime in the world of economics. The crime in question is binary options or can we say binary options . Type the method used in the research this is is a qualitative research in the implication of this method is descriptive analytical. The approach used by researchers in solving existing problems is juridical – normative. Result this research show Binary option transactions on Binomo investments are included in the crime of gambling because they have fulfilled the elements of a criminal act as stated in Article 303 Paragraph (3) of the Criminal Code, namely the possibility of getting a profit which only depends on the luck of the estimate made by the investor, if possible. If the estimate is correct then the investor will get the profit, on the other hand, if not the money that was wagered at the beginning of the transaction will be forfeited instantly, this is the same with gambling activities. Affiliates who are in charge of promoting Binomo to the public can be subject to criminal penalties, in addition to the legal status of the platform is not registered , what is the reason that the affiliate's actions in carrying out their activities violate Article 378 of the Criminal Code in conjunction with Article 28 Paragraph (1) of the ITE Law and or Articles 3, 5 and 10 of Law Number 8 of 2010 concerning Prevention Eradication of money laundering offences.]]>
<![CDATA[EXCLUSIONARY RULE SEBAGAI HAK TERDAKWA DALAM PROSES PERADILAN PIDANA ]]>
<![CDATA[Rizka Fakhry Alfiananda]]>;
<![CDATA[Devy K. G Sondakh]]>;
<![CDATA[Ralfie Pinasang]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 1 (2022): Vol. 9. No. 1 (2022) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/jurisprudentie.v9i1.29145
<![CDATA[The exclusionary rule is basically one of the principles that developed along with the development of criminal evidence law, especially in countries with anglo-Saxon legal traditions. The principle that emphasizes the exclusion or exclusion of evidence obtained unlawfully in the criminal justice process has over time become a procedural element that supports the creation of a fair trial for the Defendant. The right to a fair trial is a right that must be guaranteed by the State and does not only concern the right to be tried by an independent and impartial court. Indonesia as a state of law that tries to balance the public interest in law enforcement with the interests of the suspect or defendant in a fair judicial process unfortunately has not regulated exclusionary rule in its criminal procedural law. In fact exclusionary rule is one of the instruments for recovery in the event of a violation by law enforcement officials, especially in the process of obtaining evidence. Through research conducted using this normative legal research method, the author wants to place the exclusionary rule not only as a principle but also as a defendant's right in the criminal justice process as an inseparable part of the right to a fair trial so that it is urgent to be accommodated in the agenda of procedural law reform. Indonesian crime.]]>
<![CDATA[Protection of the Rights of the Old Age Security Fund in Indonesia ]]>
<![CDATA[Rahmatiah Hl]]>;
<![CDATA[Muhammad Reski S]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 1 (2022): Vol. 9. No. 1 (2022) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/jurisprudentie.v9i1.29185
<![CDATA[The main thing that became the source of the problems when the issuance of the Minister of Manpower Regulation No. 2 of 2022, which is in article 3 which contains the payment of JHT benefits that can only be given when they reach the age of 56 years. The government seems to be less sensitive to this situation, because the reality is that for workers when they are laid off, the disbursement of JHT funds is used to survive, because it is very unfair if the government makes this regulation from the eyes of middle and upper class workers, where this old-age guarantee fund is indeed they use as capital when they have entered retirement. The research used is normative juridical research, so the approach is astatute approach. The results of the study illustrate that there are two forms of legal protection for participants in the old-age insurance program at BPJS Ketenagakerjaan for arrears in payment of contributions by employers, namely preventive and repressive legal protection. Preventive legal protection is based on Government Regulation Number 60 of 2015 concerning Amendments to Government Regulation Number 46 of 2015 concerning the Implementation of the Old Age Security Program. Structuring the national social security system is indeed necessary to ensure the welfare of the people from youth to old age. However, the road to an orderly system cannot be done rashly, in haste, and bypasses the protection of the majority of workers who need it most, especially in the midst of the current situation. The delay is required for several years, not just three months as currently stated in the regulation.]]>
<![CDATA[Legal Protection Against Fishermen's Settlement Located On The Coastal Borderline Of Bone Regency ]]>
<![CDATA[Rezky Amalia Syafiin]]>;
<![CDATA[Farida Pattitingi]]>;
<![CDATA[Sri Susyanti Nur]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 1 (2022): Vol. 9. No. 1 (2022) ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/jurisprudentie.v9i1.29371
<![CDATA[This study aims to find two problems, namely the implementation of the arrangement of fishermen's settlements located on the coastal border and how is the legal protection for the arrangement of fishermen's settlements in the coastal border of Bone Regency. This research uses empirical legal research. The source of data that will be used in this research is the processing of primary data and secondary data. The form of data analysis used in this research is descriptive. The results of the study illustrate that the implementation of the arrangement of fishermen's settlements in the coastal border line of Lonrae Village is seen from two aspects, namely the legal arrangement and its implementation. In its implementation, it is not in accordance with existing regulations because in Lonrae Village there are settlements in the coastal border area that have existed for a long time. Legal protection focuses on two aspects of protection, namely protection for the community and legal protection for the environment as the main aspect in protecting the environment or ecosystem on the coastal border in Lonrae District and protection for the community after the relocation of settlements as a result of enforcing the rule of law in the regional regulation of Bone Regency regarding Spatial Planning. Region of Bone Regency 2013-2023 and Regional Regulation of Bone Regency concerning Detailed Spatial Planning and Zoning Regulations for Watampone Urban Area 2016-2036.]]>
<![CDATA[Factors Affecting Musyarak Financing In Sharia Banking In South Sulawesi ]]>
<![CDATA[Hambali Husaini]]>;
<![CDATA[Aswiwin]]>;
<![CDATA[Habiba]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 2 (2022): Volume 9 Nomor 2 Desember 2022 ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/jurisprudentie.v9i2.31842
<![CDATA[The Islamic banking system is actually not limited to customers who have religious emotional ties (Muslim communities). Sharia banking services can be enjoyed by anyone regardless of their religion, as long as they are willing to follow the way of doing business that is permitted by sharia. society needs financial institutions that are strong, transparent, fair and committed to helping improve the economy and customers' businesses. Musyarakah contract is one of the permissible contracts according to sharia based on the arguments in the Qur'an and Sunnah. So that the factors that influence musyarakah financing services are important to study.]]>
<![CDATA[Reflecting the Special Autonomy of Papua Province in the Perspective of Law and Human Rights ]]>
<![CDATA[Roni Sulistyanto luhukay]]>;
<![CDATA[Tatiek Sri Djatmiati]]>;
<![CDATA[Emanuel Sujatmoko]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 2 (2022): Volume 9 Nomor 2 Desember 2022 ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/jurisprudentie.v9i2.31843
<![CDATA[The practice of administering the particular autonomy government of the Papua Province seems to be centralized even though the state's policy has given the Special Autonomy status to the Papua Province. It can be proven that the authority regulated in the Special Autonomy Law cannot be adequately implemented because central government intervention is very dominant in carrying out certain authorities. Even though the changes in the legislation from Law No. 21 of 2001 to Law No. 2 of 2021 regarding special autonomy for Papua Province also cannot provide many changes regarding the achievement of special autonomy. The birth of Law No. 2 of 2021 concerning the second amendment to Law No. 21 of 2001 concerning special autonomy for the province of Papua. Provide at least 20 amendments to articles regarding the authority of local government, MRP, DPRK, increase in Papua special autonomy funds, expansion of Papua provinces and districts, and establishment of implementing regional regulations of the Special Autonomy Law. The formation of this regulatory change has not provided a concept for protecting indigenous Papuans, considering the potential for centralization of authority to occur still. In addition, this regulatory change also does not provide an overview of the cultural aspects of the indigenous Papuans themselves, and this can be seen by not involving the MRP, which is a representation of the Papuan people. For example, in article 76, paragraphs 1 and 2 regarding the division of the province and district without involving the MRP as a representative of the indigenous Papuans.]]>
<![CDATA[The Roles of Advocate Professional Education in Improving the Quality and Competitiveness of Sharia and Law Alumni ]]>
<![CDATA[Rahman Syamsuddin]]>;
<![CDATA[Abd Rais Asmar]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 2 (2022): Volume 9 Nomor 2 Desember 2022 ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/jurisprudentie.v9i2.33177
<![CDATA[This study aimed to determine the quality and competitiveness improvement of alumni of the Faculty of Sharia and Law (FSH), Alauddin State Islamic University Makassar (UINAM), through the Special Advocates Professional Education (PKPA). The method uses a normative juridical approach with quantitative data collection using surveys. The results show an increase in the quality of alumni after participating in PKPA from the aspect of graduate user satisfaction, such as law offices, state institutions, and the private sector. The quality of PKPA UINAM as a printer of advocates also increases periodically as well as the enthusiasts of participants. Following that, the competitiveness shown by the short waiting period of work, which is 3.5 months, and the contribution graduates, who can contribute as much as 15% of the total national Advocate Profession Exam (UPA) participants. It shows the implications given by making the competitiveness of alumni able to compete nationally and globally.]]>
<![CDATA[Comparative Study of the Concept of the Welfare State According to Liberal, Islamic and the 1945 Constitution ]]>
<![CDATA[Abdul Rahman]]>;
<![CDATA[Nur Akifah Janur]]>;
<![CDATA[Ardiansyah]]>
<![CDATA[ Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 2 (2022): Volume 9 Nomor 2 Desember 2022 ]]>
Publisher : <![CDATA[Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24252/jurisprudentie.v9i2.33362
<![CDATA[This research aims to elaborate the thinking between the concept of the welfare state and the current understanding of democracy in Indonesia. the research used is normative legal research using a conceptual approach. The research results show that the concept of the welfare state emerged as an alternative to constitutional democracy in the 20th century, which was a reaction to the influence of liberal pluralism in the 19th century. This thinking gave rise to the proposition "the least government is the best government". The Welfare State is currently proven to be able to develop the economy while increasing the standard of living of the people. The current crisis of the welfare state, which is often debated, both in Europe and the United States, is not about its existence, but only about its size and capacity. The welfare state is nothing new in Islam. Before being implemented in the West, the Islamic world practiced it first.]]>
