Jurnal Supremasi https://ejournal.unisbablitar.ac.id/index.php/supremasi <p>Jurnal Supremasi is a scientific journal of law published by the Faculty of Law, Balitar Islamic University, Blitar which is intended as a medium for disseminating various scientific findings and research in the field of Law to the public. This journal is published two times a year in March and September. It contains reviews based on research results, conceptual ideas, studies, and application of theories in the field of law. Jurnal Supremasi was published for the first time in 2016.</p> en-US supremasijurnalhukumunisba@gmail.com (Jurnal Supremasi) supremasi@gmail.com (Journal Administrator) Sun, 24 Mar 2024 00:00:00 +0000 OJS http://blogs.law.harvard.edu/tech/rss 60 Politik Hukum Pengaturan Kampanye Berbasis Keadilan dalam Pemilihan Umum di Indonesia https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3394 <p><em>General elections in Indonesia as a pillar of democracy</em><em>,</em><em> view political campaigns as the main means of introducing candidates and political parties. However, campaigns must be based on the principles of justice and fair law to maintain the integrity of democracy. Major challenges arise in maintaining campaign fairness, especially regarding campaign fund transparency. This research uses normative legal methods by analyzing legal norms related to campaigns in general elections. The results show that laws and regulations, such as Law No. 7/2017 on General Elections and KPU Regulation No. 23/2018, aim to maintain fairness in political campaigns, although there are still implementation barriers, such as unequal access to resources, lack of transparency in campaign fund arrangements, and uneven media access. The issue of spreading false information or hoaxes is also a concern in political campaigns.</em></p> Fakhry Amin, Getah Ester Hayatulah Copyright (c) 2024 Jurnal Supremasi https://creativecommons.org/licenses/by-sa/4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3394 Sun, 24 Mar 2024 04:00:36 +0000 Masalah Batas Usia Calon Presiden dan Calon Wakil Presiden: Studi Open Legal Policy dalam Putusan MK No. 90 90/PUU-XXI/2023 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3313 <p><em>Judicial review of Article 169 letter (q) of Law No. 7/2017 on General Elections resulted in 2 different decisions, namely the decision was rejected and the decision was granted. Case Number 90/PUU-XXI/2023 is a decision that was granted by the Constitutional Court. As a result of the granting of the judicial review, it caused uproar in the community, as well as the Article </em><em>A</em><em> quo is part of an open legal policy. The purpose of this research is to find out the Constitutional Court Decision Number 90/PUU-XXI/2023 on the testing of articles that are open legal policy by comparing previous Constitutional Court decisions. The research method used is normative juridical research. The result of the research is that judicial review cases with laws that are open legal policies are not the domain of the Constitutional Court to decide to grant, because the open legal policy is the domain of the legislature and the executive. The Court has indeed independence in deciding cases, but the Court also has the independence not to do something about the case. The Constitutional Court as the guardian and interpretator of constitutions must be actually implemented by the Constitutional Court Judges not only as a designation but different implementation.</em></p> Hanif Hardianto, Sri Wahyu Krida Sakti, Meliza Meliza Copyright (c) 2024 Jurnal Supremasi https://creativecommons.org/licenses/by-sa/4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3313 Sun, 24 Mar 2024 04:02:33 +0000 Efektivitas E-Court dalam Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama Surakarta https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3400 <p><em>E-Court as an electronic justice system formed based on Supreme Court Regulation Number 3 of 2018 (PERMA 3/2018) jo PERMA 1 of 2019, regulates e-filling (registration), e-payment (payment), e-summons (summons), and e-litigation (trial). The application of digitalization breakthroughs and innovations to the justice system in Indonesia is urgent to know its effectiveness, especially in the aspect of sharia economic dispute resolution, considering Indonesia as the largest Muslim country in the world. Through empirical legal research at the Surakarta Religious Court, it is known that the implementation of e-court in sharia economic dispute resolution at the Surakarta Religious Court has not been optimally accepted by the litigants, and still has many obstacles that must be corrected.</em></p> Ryan Alan Firnanda, Zaidah Nur Rosidah Copyright (c) 2024 Jurnal Supremasi https://creativecommons.org/licenses/by-sa/4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3400 Sun, 24 Mar 2024 04:04:06 +0000 Urgensi Perlindungan Hukum terhadap Konsumen Lembaga Pinjaman Online Ilegal di Era Revolusi 4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3399 <p><em>Online lending institution is a product of the 4.0 revolution. Its emergence has had many positive impacts on the economy, but on the other hand it has also raised several problems including misuse of personal data, intimidating collecting, and other problems caused by unlicensed or illegal online lending institutions. This study aims to identify the urgency of legal protection for consumers of illegal online lending institution.The method used in this study is normative juridical method by examining library materials or secondary data. </em><em>The results showed that there are substance problems in legal protection for consumers of illegal online loan institutions in the era of revolution 4.0 which has implications for the ineffectiveness of existing regulations.&nbsp;Therefore, it is urgent to form new regulations that are able to regulate specifically, firmly, and thoroughly so as to create responsive laws, in order to create comfort and security for consumers of </em><em>online lending </em><em>institutions in Indonesia.</em></p> Tedi Sutadi Rahmad, Ampuan Situmeang, Junimart Girsang Copyright (c) 2024 Jurnal Supremasi https://creativecommons.org/licenses/by-sa/4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3399 Sun, 24 Mar 2024 04:05:21 +0000 Konsep Disruptive Marketing dalam Menanggulangi Praktik Jual Rugi oleh Perusahaan Penyedia Jasa Transportasi Online https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/2956 <p><em>The rapid development of app-based online transportation in Indonesia addresses the public's need for application-based transportation modes. However, intense competition among app-based transportation providers has led to the emergence of predatory pricing strategies. To investigate these practices and their implications for the relevant market and disruptive market from a legal perspective, a normative legal research was conducted. The results reveal regulatory ambiguities concerning promotional pricing concepts in online transportation companies, which have led to predatory pricing practices violating Article 20 of Law Number 5 of 1999. This discrepancy reflects legal frameworks lagging behind technological advancements, contrary to the concept of living law. Considering this, the urgent application of disruptive marketing by app-based transportation providers is essential to foster innovation without infringing upon the principles and laws of fair competition. </em></p> Ayusiva Anggraini, F. Yudhi Priyo Amboro, Rafinus Hotmaulana Hutauruk Copyright (c) 2024 Jurnal Supremasi https://creativecommons.org/licenses/by-sa/4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/2956 Sun, 24 Mar 2024 04:06:28 +0000 Penggunaan Click-Wrap Agreement Pada E-Commerce: Tinjauan Terhadap Keabsahannya Sebagai Bentuk Perjanjian Elektronik https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/2797 <p><em>The development of e-commerce business highlights the rapid use of Click-Wrap Agreements alongside advances in information technology. However, debates over the validity of Click-Wrap Agreements as electronic contracts often arise. This research adopts a normative approach using secondary data. Electronic contracts are recognized by Indonesian law, as stipulated in Article 18 paragraph (1) of the ITE Law. Consequently, when consumers agree to Click-Wrap Agreements by clicking the 'click' button, both parties are bound and must adhere to the terms of the agreement under the law. Therefore, the regulation regarding the validity of Click-Wrap Agreements and their implications on the rights and obligations of e-commerce users need attention within the existing regulatory framework.</em></p> Imelda Martinelli, Satria Hadi Wibowo, Gertrud Felita Maheswari Andreas, Majolica Ocarina Fae Copyright (c) 2024 Jurnal Supremasi https://creativecommons.org/licenses/by-sa/4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/2797 Sun, 24 Mar 2024 04:07:20 +0000 Pengaturan dan Kedudukan Debitur Wanprestasi dalam Proses Eksekusi Penjualan Objek Hak Tanggungan Milik Pihak Ketiga Secara di Bawah Tangan https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/2865 <p><em>Credit agreements utilizing Mortgage Rights provide preferential treatment to creditors. In case of debtor default, creditors can liquidate the mortgaged land to settle the debt. The Indonesian Mortgage Law (UUHT) only allows for extrajudicial foreclosure with consent from the grantor and the mortgagee. However, the regulation concerning third-party foreclosure and the debtor's position in this process under UUHT remains ambiguous. This research employs a normative approach, utilizing statutory and conceptual methods. Findings reveal that UUHT does not specifically regulate third-party foreclosure sales. Debtors act solely as recipients of debt repayment rights, yet they hold influence in determining the foreclosure process. Consequently, creditors lose the ability to independently sell the property and recover payments, thus diminishing creditor preference.</em></p> Kasiani Kasiani, Weppy Susetiyo Copyright (c) 2024 Jurnal Supremasi https://creativecommons.org/licenses/by-sa/4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/2865 Sun, 24 Mar 2024 04:08:19 +0000 Pengaturan Akad Mukhabarah bil Mudharabah dalam Kerja Sama Pertanian Tebu di Indonesia Perspektif Epistemologi https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3417 <p><em>The mukhabarah bil mudharabah contract originates from a combination of two contracts, namely the mukhabarah contract and the mudharabah contract which are combined into one in the sugar cane farming partnership model. The formation of this contract is a new thing t</em><em>hat</em><em> is used as an effort to increase national sugar production by forming fair cooperation based on sharia contracts, however</em><em>,</em><em> the concept related to mukhabarah bil mudharabah contracts has not been concretely accommodated in statutory regulations, so this research aims to examine the regulation of mukhabarah bil mudharabah contracts in sugar cane farming partnership based on an epistemogical perspective. The research method used is normative juridical with a statutory and conceptual approach. The theory used is stufenbau theory. The results of this research indicate that at the meta-norm and grundnorm level there is already a legal basis for regulation regarding mukhabarah bil mudharabah contracts. The legal basis for regulating these contracts is also found at the level of Staatsfundamentalnorm norms and the level of Staatsgrundgezets norms, namely in the basic state regulations contained in Article 29 paragraph (2) of the 1945 Constitution, but at the next level there are only regulations regarding mudharabah contracts, while the mukhabarah contract has not been specifically regulated in the statutory regulations or other regulations below it.</em></p> Dyah Ochtorina Susanti, Auliya Safira Putri Copyright (c) 2024 Jurnal Supremasi https://creativecommons.org/licenses/by-sa/4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3417 Sun, 24 Mar 2024 04:09:29 +0000 Pemberian Waris Melalui Wasiat Wajibah kepada Anak Angkat Berdasarkan Mazhab di Indonesia https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/2249 <p><em>This article discusses the granting of inheritance to adopted children through mandatory wills based on Islamic law and the distribution of inheritance to adopted children based on various madhhabs in Indonesia</em><em>.</em><em> Inheritance is a mandatory right for heirs according to applicable regulations, must meet certain conditions, and must be obtained lawfully. Adopted children can also receive inheritance from their adoptive parents through obligatory wills. However, the distribution of inheritance to adopted children differs. This research addresses two questions: how is inheritance provided to adopted children through obligatory wills according to Islamic law, </em><em>and how the distribution of inheritance to adopted children in various madhhabs in Indonesia. </em><em>The research method used is normative juridical with legal and conceptual approaches. The findings indicate that inheritance provision to adopted children through obligatory wills in Islamic law requires the consent of other heirs if it exceeds the predetermined portion, and the distribution of inheritance to adopted children in various m</em><em>adhhabs </em><em>is not the same as legitimate heirs, namely not more than one-third of the adoptive parent's estate.</em></p> Nayla Hayati, Sri Laksmi Anindita Copyright (c) 2024 Jurnal Supremasi https://creativecommons.org/licenses/by-sa/4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/2249 Sun, 24 Mar 2024 04:10:25 +0000 Implikasi Putusan World Trade Organization terhadap Larangan Ekspor Nikel Indonesia oleh Uni Eropa https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3528 <p><em>Indonesia as a member of the World Trade Organization (WTO) is bound by the General Agreement on Tariffs and Trade (GATT) and WTO regulations. In an effort to increase domestic raw material processing, Indonesia implemented an export ban on nickel ore and other minerals. However, this action sparked protests from the European Union, leading to a lawsuit filed with the WTO. This article analyzes the WTO decision in the context of international trade principles, examining its legal applicability in Indonesia and its impact on other types of minerals. The research method used is a normative legal approach or doctrinal research. The final decision of the WTO dispute settlement panel declared that Indonesia's policy of export bans and mandatory processing of nickel minerals violated Article XI.1 of the GATT 1994. Nevertheless, Indonesia appealed the decision and remains committed to the nickel ore export ban to advance the economy and welfare of its people. Thus, this policy represents a bold step towards downstream the mining industry.</em></p> Ferdinand Jason, Rina S Shahrullah, Elza Syarief Copyright (c) 2024 Jurnal Supremasi https://creativecommons.org/licenses/by-sa/4.0 https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/view/3528 Sun, 24 Mar 2024 04:11:20 +0000