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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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Reformulation of Decision Execution and Honorary Council Position of Constitutional Court After Decision Number 604/G/2023/PTUN.JKT wili utama, Alif; Anna Erliyana
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.v11i2.51978

Abstract

Abstract: This research analyzes the strength of the Decision of the Honorary Council of the Constitutional Court Number 2/MKMK/L/11/2023 and its execution after Decision Number 604/2023/PTUN.JKT questioning the Appointment of Constitutional Judge Suhartoyo in the object of a state administrative dispute in the form of Constitutional Court Decree Number 17 of 2013. This type of research is a doctrinal research that examines literature sources and statutory studies. Furthermore, this paper uses a conceptual approach and comparative approach that combines the concept of legal certainty and comparisons of several countries in terms of seeing a broader prototype of Ethics Institute arrangements comprehensively. After conducting an analysis, it can be concluded that the Decision of the Honorary Council of the Constitutional Court Number 17 of 2013 which contains ethical sanctions for violations of Constitutional Judge Anwar Usman is constrained by legal uncertainty in its execution. This is because there is no mechanism for the dismissal of the Chief Justice of the Constitutional Court after the imposition of ethical sanctions and there is a potential dualism in the ethical enforcement system that can be convoluted. The uncertainty of the execution of the Constitutional Court Honor Council Decision which has the potential to be convoluted with the involvement of the State Administrative Court in adjudicating the Decision a quo should be a reflection to distinguish the authority of law enforcement and ethical enforcement and their scope. This can be encouraged by strengthening the status of the Honorary Council of the Constitutional Court in its position as a Supervisory body as well as the arrangement of the Supreme Advisory Council in the Armenian Constitution. Keywords: Honorary Council of the Constitutional Court, Decision ethics, execution
Legal Protection for Consumers Using Shopee Paylater Cash Swipe Services Sri Astutik, Dinda; Hardian Iskandar
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.v11i2.52111

Abstract

In the current digital era, there are many benefits, one of which is electronic commerce transactions that provide various attractive features such as Paylater or pay later. This writing uses a normative legal writing method. Where a legislative approach will be taken by reviewing laws and regulations with the use of the Paylater feature. The increasing online purchasing power is now widely used by individuals who use the Paylater feature to make Cash Swipes, legal protection for users of cash swipe services is very important. Cash Swipe is a practice that involves disbursing credit limits from digital platforms such as Shopee Paylater in cash. This practice often causes legal problems and threats to consumers, such as fraud, increased debt, and misuse of personal data. The purpose of this study is to see how Law Number 8 of 1999 concerning Consumer Protection protects consumers who use Shopee Paylater swipe cash services. In addition, this study also investigates the responsibility of platform providers to protect customers from detrimental practices. The results of the study show that the practice of gestun violates legal provisions related to financial transactions and consumers. Consumers involved in this practice also do not get protection from service providers and consumers will also get violations of the law.
The Absurdity of The Law In The Enforcement of Criminal Acts Fisheries (Illegal Fishing) in Indonesia Muhammad Fauzi Ramadhan; Airlangga Putera; Miftahul Jannah
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.v11i2.52477

Abstract

This research explores legal absurdities in Indonesian law enforcement for illegal fishing, focusing on the forms of absurdity and their impact. The author uses normative legal research to determine that the current legal absurdity in Indonesian law enforcement is due to the ratification of Law no. 11 of 2020 concerning Job Creation in the Maritime and Fisheries Sector, which disharmonizes norms with previous fisheries laws and regulations. This legal absurdity is evident in the unclear phrase "small fishermen," which creates confusion for law enforcement officials and causes unrest in small fishing communities regarding ship administration. The author suggests that the government should prioritize public interests over certain parties' interests in legislation and explore moral values in environmental management, particularly in the maritime sector, to prevent legal absurdities in law enforcement for illegal fishing crimes in Indonesia. Keywords: Legal Absurdit; Law Enforcement; Illegal Fishing
Regulatory Justice Review Compensation in Criminal Case According to the Criminal Procedure Code Parlagutan, Dodi; Supardi
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.v11i2.52641

Abstract

This research examines the regulation of compensation in criminal cases with the rise in cases of wrongful arrest/misguided trials in Indonesia. This research aims to analyze positive law which regulates compensation for damages in criminal cases as well as analyzing existing regulations with the desired legal justice. The research method used in this research is normative juridical. The results of this research explain the emergence of injustice in the regulation of compensation in criminal cases regulated in the Criminal Procedure Code as well as Government Regulations as implementing regulations for victims of wrongful arrest/miscarriage of justice in the current laws and regulations. There is injustice for victims of wrongful arrest/misguided trials in the current regulations. For example, there is a maximum time limit for victims of wrongful arrest/deviant justice to submit a claim for compensation, the nominal amount of compensation is far from justice and does not correspond to the losses experienced by the victim and regulations that are unclear and vague have the potential to be unfair in practice. So it is necessary to update legal regulations regarding compensation that upholds the value of justice in accordance with the principles of establishing statutory regulations, namely efficiency and effectiveness. So it is hoped that the legal reform will uphold the values ​​of justice expected for victims of arrest/misguided justice. Keywords: Compensation for losses, Criminal Procedure Law, Law and Justice
Political Corruption: Rise of Social Aid Politicization by Government in Grassroots Campaign 2024 Elections Daffa Ladro Kusworo; Titi Anggraini
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.v11i2.53249

Abstract

The cruciality of 2024 General Election is inseparable from complex shift in democratic landscape as a structural-economic direction of state life. Competition between pairs candidates through their respective electoral political strategies is main focus of the community, one of which is Social Assistance (Bansos) which is often target of electoral commodities at grassroots base. President through his track record is also indicated by politicization Social Assistance by going to several regions to provide indirect support during the 2024 Election, as well as several ministers who further strengthen the indication of political corruption. This research uses a normative method that refers to conceptualization of political corruption and Law 7 of 2017 concerning Elections. The results showed that the identification of political corruption during the election period begins by looking at the policy formulation process which is often manipulated and looking for gray areas, such as the Election Law limiting Bawaslu to only take action against Paslon participants or teams who have registered with the KPU, and the absence of restrictions on the provision of Social Assistance. The discovery of the track record of politicization of social assistance by the government should be suspected during the campaign period ahead of the 2024 Election vote and become an evaluative tool for the government, both from the distribution method to the prohibition in certain moments. We can no longer prevent practices that have occurred, so what is expected is an ideal improvement recommendation for future elections.
Legal Responsibility of Third Parties for Patent Infringenment Hasudungan, Andrie Cornelius; Dirkareshza, Rianda
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.v11i2.53267

Abstract

Patent rights not only facilitate new inventions but also encourage research and development through clear legal protection. They protect inventors from the unauthorized use or exploitation of their work. Patent infringement is a significant issue in intellectual property law that involves third parties. These third parties can be held legally accountable if they are involved in supplying or distributing products that infringe on patent rights. The aim of this research is to assess the effectiveness of patent law in protecting patent holders and to understand the responsibilities of third parties regarding patent infringement in Indonesia. The methodology used in this study is normative legal research with a statute approach. The statute approach is a research method that prioritizes legal materials in the form of legislation as the primary reference in conducting research. The findings indicate that although patent law in Indonesia provides a clear foundation for protecting the rights of patent holders, its implementation still faces challenges that reduce its effectiveness. One of the indicators of the lack of effectiveness of a regulation is that, despite some years with zero cases/complaints, the number of cases reappears in subsequent years, indicating that the system fails to maintain its effectiveness. Weak law enforcement creates uncertainty for patent holders. While there are mediation and arbitration mechanisms available, inconsistent implementation worsens the situation. Furthermore, third parties involved in patent infringement in Indonesia have legal responsibilities that must be fulfilled. Those who infringe patents can be subject to Article 161 of the Patent Law, which may impose penalties of up to four years in prison and/or fines of up to IDR 1 billion, with lighter sanctions for simple infringements. Keywords: Patent Protection; Responsibility; Third Parties
Building superior performance: the role of work ethics in a university Supardin; Nurfatimah; Rahim, Wahida
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.v11i2.53452

Abstract

This study uses a quantitative correlation research approach, which aims to examine the relationship between two main variables: Islamic work ethics and employee performance at the State Islamic University of Alauddin Makassar. The study covered a population of 218 individuals, with a sample size 66 employees selected through simple random sampling method. Data collection was conducted through the administration of questionnaires, and the data collected was further analysed using assessment techniques. The analyses included the application of product moment correlation test, F-test, Two-sided hypothesis testing, and Chi-square test. Based on the findings detailed in the previous section of this study, the conclusion of this study is that there is a relationship between Islamic work ethics and the employee performance of UIN Alauddin Makassar. This conclusion is evidenced by the significant value of 0.00, which is greater than 0.05, along with Fcalculate = 17.048 compared to Ftable = 3.98. As a result, H1 is accepted, while H0 is rejected. This confirms the significant influence between Islamic work ethics and employee performance.
The Application of Party Autonomy Principle in Arbitration 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.v11i1.53835

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 legal research method. 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).
Ultimum Remedium Approach in Resolving Mining Conflicts Based on Local Wisdom of Gorontalo Community Haritsa; Dharmawati; Sutriani Abubakar
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.v11i2.53858

Abstract

This study aims to examine the legal resolution of people's mining conflicts in Gorontalo Province, using the ultimum remedium principle approach guided by the values ​​of Gorontalo local wisdom known as the Dulohupa tradition. The purpose of this study is to analyze the resolution of mining conflicts with the ultimum remedium approach as an effort to resolve mining conflicts that reflect the values ​​of certainty and justice for the community. The method used in this study is socio-juridical research, an approach that studies the reciprocal relationship between law and other social phenomena by obtaining data relevant to the object of research. Based on the results of the study, it shows that there have been 3 major conflicts involving a consortium of mining permit holders and mining community groups during 2023 in Gorontalo Province. The peak of the conflict was the burning of the Pohuwato Regency Regent's Office during the action that ended in riots on Saturday, September 21, 2023, and the determination of 35 representatives of the mining community as perpetrators of the destruction which has now entered the criminal trial stage in court. The conclusion is that the implementation of conflict resolution with this approach has not been running optimally, as indicated by the continued repressive approach in the form of criminal law enforcement against traditional miners. Keywords: Ulltimum Remedium; Mining Conflict; Local Wisdom, Gorontalo.
ANALISIS KRIMINOLOGIS TERHADAP TINDAK PIDANA PELECEHAN SEKSUAL DI KOTA MAKASSAR (Studi Kasus di Polrestabes Makassar): Case Study at Makassar Police Station Nur Fadhilah Mappaselleng; Arya, Andi
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.v11i2.53917

Abstract

This research moves from the anxiety over the rampant cases of sexual harassment in the city of Makassar, so the author is interested in further researching and analyzing the factors that cause criminal acts of sexual harassment in Makassar City, as well as seeing the efforts made by the Makassar Police in preventing and overcoming these criminal acts. This research uses empirical legal research method, which aims to observe and analyze the implementation of law in society. The results showed an increase in sexual harassment cases from year to year, namely in 2020, 2021, and 2022. The factors that cause sexual harassment involve internal and external factors. In an effort to prevent and overcome sexual harassment in the family, there are two approaches. First, through non-punitive countermeasures, involving pre-emptive and preventive measures that must be taken by individuals, communities, and the police. Second, through penal countermeasures, which include repressive measures taken by law enforcement officials such as the police, prosecutors, courts, and correctional institutions

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