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Jurisprudentie
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 23559640     EISSN : 25805738     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 208 Documents
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Participation in Good Governance Principles Related to Citizenship Protection Ex-Isis Indonesian Citizen Aulia Rahman AK; Heru Susetyo; Ceruang Alang
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.45928

Abstract

Citizenship is an obligation to recognize, protect, and fulfill human rights for a state governed by the Rule of Law. The government has a responsibility outlined in the principles or principles or general principles of good governance (Algemene beginselen van behoorlijk bestuur) to serve the public (public service) of the people as Indonesian citizens. The government has obligations set out in the Law—Citizenship Law to consider regarding not repatriating and revoking the Citizenship of ex-ISIS Indonesian citizens. Government policy, in this case, is fundamental because every policy that is decided must be under existing regulations and the principles of Good Governance so that the government can protect ex-ISIS Indonesian citizens in fulfilling their citizenship rights. The problem in writing this Law is how the government's participation (in this case, the application of the principles of Good Governance) in protecting Indonesian citizens of ex-ISIS and what factors cause ex-ISIS to lose their Citizenship under applicable regulations in Indonesia. This research employs a normative research approach with a literature study. The analysis technique uses descriptive qualitative analysis with primary legal materials of statutory rules, secondary legal materials of scientific books, journals, articles, and tertiary legal materials. The conclusion is that the protection of ex-ISIS under Law Number 12 of 2006 concerning Citizenship and government participation in Law Number 30 of 2014 concerning Government Administration.
Perlindungan Data Korban Kekerasan Seksual dalam Sistem Informasi Pelacakan Perkara Pengadilan: Bahasa Indonesia Mansyah, Muh Sutri; Kaswandi; Hasirudin Hasri; Hayun; Rasmala Dewi; Darojatun Andara; Edy Nurcahyo
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.46451

Abstract

The Case Tracking Information System is a system established by the Supreme Court which functions to track a case. However, in reality, it has been found that sensitive information regarding victims of sexual violence, such as names that should be kept confidential, is disclosed. The purpose of this research is to examine and evaluate the case tracking information system regarding data on child victims and to develop an ideal model for protecting the data of victims of sexual violence within the case tracking information system. The research method used is normative juridical research with a case approach, statutory regulations, and conceptual approaches. The research findings indicate that five laws (the Witness and Victim Protection Law, the Sexual Violence Crime Law, the Personal Data Protection Law, the Juvenile Justice System Law, and the Child Protection Law) regulate the confidentiality of victims to prioritize the best interests of children as the nation's future generation. However, in reality, it has been found that some courts, such as the Baubau District Court, display information such as the victim's name, while the Pasarwajo District Court in SIPP only displays the victim's data in the form of a pseudonym, namely a child witness.
The Legality of Tiktok in Indonesia Izzatur Rahman, Rafika; Betsy Prajna Paramita; Muhammad Tri Mulya Putra; Sellyana Narita Ratih Wulandari
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.46577

Abstract

The 21st century marks a significant communication and information exchange shift, making it progressively more effortless, cost-effective, and efficient. Consequently, conventional communication and information media are gradually marginalized, often perceived as less effective and efficient. TikTok, a short-form video platform designed to foster user creativity through content creation and sharing, was launched in September 2016. It gained a global presence before expanding into Indonesia in 2018. However, concerns regarding the spread of negative content led to a temporary block by the Indonesian Ministry of Communication and Information Technology. The block was lifted on the condition that TikTok adheres to existing Indonesian regulations. This research employs a legal research methodology, utilizing both a statutory and a conceptual approach. The operation of TikTok in Indonesia with a user base exceeding 112.9 million, without adopting the Limited Liability Company (LLC) structure, warrants further investigation as it undoubtedly impacts its economic activities in the country. In this instance, TikTok, operating as an Electronic System Operator and offering paid services to users through its electronic system, must be recognized as a business entity. In Indonesia, the Ministry of Communication and Information legally obligates all digital platforms and social media to register as Electronic System Operators (ESOs). The regulations concerning Electronic System Operators (ESOs) are outlined in Law Number 19 of 2016 regarding Electronic Information and Transactions, Government Regulation Number 71 of 2019 regarding the Implementation of Electronic Systems and Transactions, and Regulation of the Minister of Communication and Informatics Number 5 of 2020 concerning Private Electronic System Operators.
Juridical Analysis of the Tradition of Consuming Tritis (Case Study of the Muslim Community in Karo from 2011 to 2022) Sitepu, Fahri Roja; Tanjung, Dhiauddin; Syahputra, Akmaluddin
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.47923

Abstract

The Law on Consuming Tritis from the Perspective of the Fatwa of the Indonesian Ulema Council (MUI) of North Sumatra Province No. 5 of 2011 Concerning the Law on Tritis and Law No. 33 of 2014 of the Republic of Indonesia Regarding Halal Product Assurance (Case Study of the Muslim Karo Community from 2011-2022) This journal explores the traditions of the Muslim Karo community in consuming tritis in relation to the implementation of the MUI North Sumatra Province Fatwa No. 5 of 2011, which discusses the legal status of consuming tritis. Tritis, a traditional food derived from undigested cow food processed with certain spices, holds significant cultural meaning for the Muslim Karo community. This study aims to explain the practice of consuming tritis in the Karo region and how these practices align with the religious guidelines provided by the MUI fatwa. Using an empirical juridical research approach and case study methodology, this research includes observations, interviews, and document studies. Through qualitative data analysis and deductive reasoning, this study examines the consumption habits of the Muslim Karo community and evaluates them based on the fatwa's provisions. The findings show that the tradition of consuming tritis is deeply embedded in Karo culture, influenced by long-held beliefs about the health benefits of tritis and the ease of obtaining its ingredients. However, the legal status of consuming tritis, as outlined by the MUI Fatwa No. 5 of 2011, states that the practice is haram because it derives from animal materials prohibited under Islamic law. The implementation of this fatwa has been inadequate due to a lack of religious knowledge, insufficient fatwa socialization, and deeply rooted cultural factors.
Responsible Mining Governance: Minimizing Environmental Impact for a Better Future Marilang
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.48065

Abstract

Mining management regulations aim to create new buildings that meet the needs of the community. Good mining management can transform Indonesia into the country with the strongest economy in the world through the implementation of the concept of Indonesia. The proposal aims to strengthen the character of the NKRI as a legitimate state and prosper its people through the exploitation of mineral resources. This study has already demonstrated Indonesia's responsibility for building communities in mining areas under Article 33 UUD 1945. The Mining Management System in the national legal system is intended to organize mining with a vision of the welfare state. This prompted him to strengthen the legislation as the basis for the validity of a national mining policy. Mining governance is framed in a legal framework of social justice as a manifestation of the welfare state. Mining activities that do not prosper the people will lose their legitimacy (Pancasila), constitutional (UUD 1945), and social. Total mining governance is based on the principle of sustainable development for the well-being of the people.
Legal Protection for Intellectual Property Holders in Business Activities in The Era of The Industrial Revolution 4.0 Kurniawan, I Gede Agus; Aras Samsithawrati, Putu; Dharmawan, Ni Ketut Supasti
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.48076

Abstract

The Industrial Revolution 4.0 brings new challenges in the protection of intellectual property rights (IPR) for business activities, such as the increased potential for IPR violations through massive digital dissemination, cross-border infringements, and the need for regulatory adjustments to accommodate the latest technological developments. Efforts to protect IPR in the digital era require more effective law enforcement, strong international cooperation, increased public awareness, and the availability of competent human resources in the field of IPR. The aim of this study is to analyze the legal protection for intellectual property rights holders in business activities during the Industrial Revolution 4.0 and to identify the challenges faced in these legal protection efforts. This research is normative legal research using a statute approach and a conceptual approach to examine primary, secondary, and tertiary legal materials related to the protection of intellectual property rights in business activities during the Industrial Revolution 4.0. Data collection techniques are carried out through literature studies and qualitative data analysis to understand legal concepts, identify problems, and find solutions in the legal protection of intellectual property rights holders. The results of the study show that the legal protection for intellectual property rights (IPR) holders in business activities during the Industrial Revolution 4.0 is regulated by various laws in Indonesia, such as the Copyright Law, Trademark Law, Patent Law, and Trade Secrets Law. Although there is already a legal framework, IPR protection in the digital era faces new challenges such as digital infringement, trade secret theft through illegal access, and online trademark and patent violations. The government has taken steps such as the enactment of the Information and Electronic Transactions Law (ITE Law), the establishment of the Directorate General of Intellectual Property (DJKI), and the signing of international agreements related to IPR. However, comprehensive efforts are needed from the government, businesses, and the public through regulatory improvements, law enforcement, socialization, IPR registration, information system security, monitoring, and international cooperation to effectively protect IPR. The main challenges include rapid technological development, cross-border violations, lack of public understanding, limited competent human resources, and still less effective law enforcement.
Penerapan Asas Otonomi Para Pihak dalam Arbitrase Novian, Desri
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.48364

Abstract

The application of both substantive and procedural law should be imperative, however, in arbitration, there is a concept that substantive and procedural laws that are imperative in the place (country) where the arbitration is held or where the arbitration award is enforced can be waived by the agreement of the parties which is known as the principle of party autonomy. The principle of party autonomy is interpreted as the freedom of the parties to determine the substantive and procedural law to be used in the arbitration process that arises between them based on the arbitration agreement. However, the act to waive the imperative law can cause problems in the future when the award will be enforced. Hence, this research aims to analyze the party autonomy principle based on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention), UNCITRAL Model Law on International Commercial Arbitration (With amendement as adopted in 2006), Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, Civil Code (KUH.Perdata), Rules of Civil Procedure, Staatsblad (Rv), Het Herziene Indonesisch Reglement (HIR), Rechtsreglement Buitengewesten (Rbg), as well as the Principle on Choice of Law in International Commercial Contracts, by using normative research method and comparative law approach. The research finds a concept that the principle of party autonomy is limited by restrictions established based on laws of the country where the arbitration is held or where the arbitration award is enforced (limited party autonomy).
The Urgency of Implementing Government Cooperation With Business Entities (KPBU) in the Return of State-Owned Companies : (Case Study of PDAM Tirta Meulaboh) Kurdi
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 2 (2024): Volume 11 Nomor 2 Desember 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i2.50858

Abstract

This research aims to analyze the urgency of implementing Government Cooperation with Business Entities (KPBU) in an effort to make state-owned companies healthy, with a case study of PDAM Tirta Meulaboh. The main focus of this research is to explore various PPP models, such as Build-Own-Operate (BOO), Build-Operate-Transfer (BOT), Design-Build-Finance-Operate-Maintain (DBFOM), and leasing, to determine the most effective model. suitable for the revitalization of PDAM Tirta Meulaboh. The research method used is normative legal research with a conceptual approach. The research results show that the DBFOM model is the most effective option for improving PDAM Tirta Meulaboh's operations and infrastructure, because it covers the entire project cycle from design to maintenance, with ownership transfer to the government after the contract period ends. Implementing government and business entity cooperation (KPBU) is a strategic approach in handling infrastructure project financing and ensuring infrastructure needs can be met effectively. In practice, PPP refers to models such as Build-Own-Operate (BOO), Build-Operate-Transfer (BOT), Design-Build-Finance-Operate-Maintain (DBFOM), and leasing, which provide various options in managing and project funding. In conclusion, proper implementation of PPPs, especially the DBFOM model, can help governments overcome infrastructure challenges and ensure sustainable public services. Keywords: PPP, PDAM Tirta Meulaboh, Infrastructure
Legal Implications of Corruption Crime Legal Process on the Arbitration Dispute Resolution Proceedings Novian, Desri; Manthovani, Kelly
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 2 (2024): Volume 11 Nomor 2 Desember 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i2.51814

Abstract

The research aims to analyze allegations of criminal acts of corruption that may affect the validity of arbitration agreements, as well as the implications of investigating or prosecuting these criminal acts simultaneously with arbitration proceedings. The research method relies on arbitration legal instruments and relevant literature, including the New York Convention 1958, the UNCITRAL Model Law, and Law No. 30 of 1999. The research identifies differences in regulations concerning the conduct that arbitrators or arbitral tribunals may adopt when examining arbitration disputes where the subject matter is also under investigation for criminal acts of corruption. The uniqueness or novelty of the research lies in its comprehensive analysis of the legal gaps and uncertainties that arise when these two legal processes run in parallel. The findings show that in some jurisdictions, arbitration disputes related to criminal acts of corruption are refused or rejected, while others continue the arbitration process by considering the principles of party autonomy and separateness in arbitration law. The research recommends several approaches that arbitrators or arbitral tribunals may take and emphasizes the need for regulations from relevant authorities to ensure legal certainty in the parallel examination of arbitration disputes and criminal acts of corruption involving the same subject matter.
ANALISIS IMPLEMENTASI UNCITRAL MODEL LAW ON CROSS BORDER INSOLVENCY DALAM PENANGANAN PERKARA KEPAILITAN TRANSNASIONAL Panji Ahmad Setiawan; Imam Haryanto
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 2 (2024): Volume 11 Nomor 2 Desember 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i2.51976

Abstract

Trade in the current era of globalization involves many countries around the world, both in bilateral and multilateral relationships. This has transformed trade from being limited to a single country into what is known as international business or international trade. With the rapid development of international business, various issues have emerged, including insolvency that involves more than one country with different jurisdictions, commonly referred to as cross-border insolvency. Currently, Indonesian law does not regulate this aspect, resulting in a legal vacuum regarding the execution of bankrupt assets outside Indonesia's territory. This research employs a juridical-normative legal method with legislative and comparative approaches. Insolvency in Indonesia is governed by Indonesian Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. Under the principle of territoriality, bankruptcy rulings in Indonesia are only applicable within the national jurisdiction and lack enforceability abroad. This situation becomes complicated when a debtor who owes creditors from another country is declared bankrupt, or vice versa. One solution to address cross-border insolvency cases is to adopt the UNCITRAL Model Law on Cross-Border Insolvency, formulated by the United Nations, which aims to provide guidelines for resolving cross-border insolvency cases in various countries and to assist in handling such matters fairly and effectively.

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