DE JURE Critical Laws Journal https://myjournal.id/index.php/jwh <p><strong>DE JURE</strong><strong> </strong><strong>Critical Laws Journal </strong>adalah suatu Kajian Hukum yang bersifat kritis sebagai buah pemikiran, ide, gagasan, telaah dan kajian yang bertujuan untuk mencapai Kesejahteraan yang berkeadilan, di samping sebagai penyalur informasi dan strategi praktis penyelesaian masalah-masalah hukum yang mana merupakan wujud nyata kontribusi, berupa sumbangan pemikiran yang dapat dimanfaatkan bagi mahasiswa maupun masyarakat.</p> <p><strong>DE JURE</strong><strong> </strong><strong> </strong><strong>Critical Laws Journal </strong> memuat naskah bidang Ilmu Hukum untuk mencari <em>ratio legis</em> dan dasar ontologis lahirnya sebuah Undang-Undang.<em> </em>Dengan mengkaji <em>Ratio legis</em> dan dasar <em>Ontologi</em> akan mengungkap kandungan filosofi dalam perundang-undangan tersebut. Sehingga dapat disimpulkan mengenai ada tidaknya benturan filosofis antara undang-undang dengan isu yang dihadapi. Selain itu, guna menjawab mengenai isu-isu hukum (<em>issue cases</em>) terkait ketentuan undang-undang dengan filosofi yang melahirkan undang-undang tersebut dan fakta hukum terkait kasus-kasus yang telah mempunyai putusan yang berkekuatan hukum tetap (<em>In kracht van gewijsde)</em> sehingga dapat ditelaah dan diketahui <em>ratio decidendi</em> atau <em>reasoning</em> putusannya, yaitu pertimbangan pengadilan untuk sampai pada putusan.</p> <p><strong>DE JURE</strong><strong> </strong><strong>Critical Laws Journal </strong>adalah media dwi-tahunan, terbit sebanyak dua nomor dalam setahun (Mei dan November). Isi article <strong>DE JURE</strong><strong> </strong><strong>Critical Laws Journal </strong> dapat dikutip dengan menyebutkan sumbernya <em>(Citation is permitted with acknowledgement of the source).</em></p> <p>Tulisan-tulisan yang dimuat, setelah melalui penyuntingan seperlunya oleh tim redaksi dengan tanpa mengubah substansi sesuai naskah aslinya. Tulisan dalam penerbitan ini sepenuhnya merupakan pendapat dan tanggung jawab pribadi penulisnya dan tidak dapat diartikan sebagai pendapat penerbit.</p> <p>Akhirnya tim redaksi <strong>DE JURE</strong><strong> </strong><strong>Critical Laws Journal </strong>mengucapkan selamat membaca.</p> en-US marifah@stihsa.ac.id (Dr. Ma'rifah, SH. MH.) marifah@stihsa.ac.id (Dr. Ma'rifah, SH. MH.) Thu, 05 May 2022 00:00:00 +0000 OJS 3.3.0.10 http://blogs.law.harvard.edu/tech/rss 60 Appreciation of Regional Regulation of Alcoholic Drinks in Sragen https://myjournal.id/index.php/jwh/article/view/42 <p>This study aims to analyze the reality of law enforcement of Regional Regulation Number 3 of 2018 concerning Control and Supervision of Alcoholic Beverage Circulation in Sragen Regency and to examine the recommendations for the proposed changes to the substance of the article in Regional Regulation of Sragen Regency Number 3 of 2018 concerning Control and Supervision of Alcoholic Beverage Circulation, whether it can have a positive impact on the circulation of alcoholic beverages in Sragen Regency. &nbsp;The normative method by conducting a study of regional regulation. The conclusion that can be drawn in this research is The ineffectiveness of the implementation of Regional Regulation Number 3 of 2018 in the author's opinion is motivated by 2 (two) factors, namely the level of sanctions given is relatively light and there is no maximum intention to protect the interests of the wider community as a whole. Law enforcers have a tendency to impose relatively light sanctions.</p> Itok Dwi Kurniawan, Hanuring Ayu AP, Harjono Copyright (c) 2022 DE JURE Critical Laws Journal https://myjournal.id/index.php/jwh/article/view/42 Thu, 05 May 2022 00:00:00 +0000 IMPLEMENTATION OF PANCASILA PHILOSOPHICAL VALUES IN THE DEVELOPMENT OF A NATIONAL LAW SYSTEM https://myjournal.id/index.php/jwh/article/view/43 <p>The purpose of this research to analyze about Implentation&nbsp;of Pancasila Values in The Development of a National Law System. Pancasila as the source of all sources of law is contained in the fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia. Affirmed in Article 2 of Law Number 12 of 2011 concerning the Formation of Legislation. In the explanation of article 2 it is stated that Pancasila is the basis and ideology of the state as well as the philosophical basis of the state. This research is a normative research that seeks to find legal principles that are not fulfilled in the values of Pancasila in the development of the national legal system. The conclusion that can be drawn in this research that any material content of laws and regulations must not conflict with the values contained in Pancasila.</p> Indah Dewi Megasari Copyright (c) 2022 DE JURE Critical Laws Journal https://myjournal.id/index.php/jwh/article/view/43 Thu, 05 May 2022 00:00:00 +0000 The Position of the State in The Jurisdiction of The Republic of Indonesia https://myjournal.id/index.php/jwh/article/view/44 <p>This research is entitled The Position of the State in the Jurisdiction of the &nbsp;Republic of Indonesia (NKRI). The purpose of research to study, analyze and find out about the position of the state towards the earth, water and everything contained in the territory of the Republic of Indonesia. The normative method by conducting a study of various laws and regulations. The conclusion that can be drawn in this research is the concept of the right to control for the state, in contrast to domain rights where the state acts as the owner. Ownership rights over the entire earth, water and natural resources are wholly the rights of the Indonesian people. The state is only a representative of the people who are given the authority to formulate policies, arrangements, administer, manage and supervise.</p> Nikmah Fitriah, Rachmadi Usman Copyright (c) 2022 DE JURE Critical Laws Journal https://myjournal.id/index.php/jwh/article/view/44 Thu, 05 May 2022 00:00:00 +0000 THE ROLE OF THE POLICE OF THE REPUBLIC OF INDONESIA IN HANDLING COVID 19 BY APPLYING THE CONCEPT OF PRECISION AND JUSTICE WITH DIGNITY DURING THE PANDEMIC https://myjournal.id/index.php/jwh/article/view/45 <p>This study aims to find out about the concept of police precision is based on the right knowledge, data and methods so that the spread of the COVID-19 virus can be prevented as early as possible. The Police of the Republic of Indonesia as law enforcement officers whose duty is to maintain security and public order, carry out law enforcement functions and provide protection, protection, and services to the community. Covid-19 is an infectious disease that causes the Indonesian economy to become volatile. Meanwhile, the role of the National Police in dealing with COVID-19 is to carry out the concept of precision that is fair and dignified. The Police also have a crucial role, especially in the implementation of health protocols, because the community's lack of discipline in implementing health protocols and restrictions on community movement during the pandemic also require the role of the Police in its implementation. &nbsp;</p> <p>The normative-emperis method by conducting a study of any regulation.</p> <p>The conclusion that can be drawn in this research is Police as an instrument of public education, namely providing knowledge to the public about the Covid-19 virus. In this way, the role of the National Police is expected to be able to help suppress the spread of COVID-19 so that this nation can return to normal as it was before COVID-19. People live decently, freely and easily in getting and looking for work because as a result of this covid-19 there are many layoffs here and there, so unemployment is rampant.</p> Anwar Sodik, Yusrina Handayani Copyright (c) 2022 DE JURE Critical Laws Journal https://myjournal.id/index.php/jwh/article/view/45 Thu, 05 May 2022 00:00:00 +0000 THE OPPURTUNITIES AND CHALLENGES OF ISLAMIC CRIMINAL LAW IN THE RENEWAL OF CRIMINAL LAW IN INDONESIA https://myjournal.id/index.php/jwh/article/view/46 <p>This research to analyze&nbsp;about the challenge to enter and implement the Islamic criminal law system in Indonesia&nbsp;because&nbsp;majority of Indonesian citizens are Muslim, so enforcing Islamic criminal law is not as easy as discussed because there are many obstacles and challenges faced in enforcing Islamic criminal law.&nbsp;</p> <p>One of the obstacles or challenges to enacting Islamic criminal law is that there are many assumptions that Islamic criminal law is a law that violates human rights, for example Islamic criminal law imposes a punishment of cutting off their hands for those who are proven to have stolen, some think that the punishment of cutting off their hands is a cruel and unjust punishment human rights and violates human rights, many are against this punishment because after the perpetrators have their hands cut off, they question how the perpetrators survive after their hands are cut off and have no hands for the rest of their life, how the perpetrators carry out their activities after having their hands cut off, this is considered a violation of human rights.</p> <p>The purpose of Islamic law, namely the enforcement of justice, the perpetrators are punished according to their actions, the punishment is commensurate and balanced between the actions and the consequences, in addition to upholding justice it also deters the perpetrators of crimes, provides examples of lessons to others so as not to do the same, corrects the perpetrators. crime to be better and repent, but keep in mind in one thing, Islamic criminal law does not necessarily apply qisas law because in some criminal acts there are still alternative choices of punishment if the victim's family forgives the perpetrator, it can be replaced with other punishments such as paying a fine.The biggest challenge to enter and implement the Islamic criminal law system in Indonesia is the stigmatization in the Islamic criminal law community is a cruel and inhuman punishment, steps are needed to adopt the concepts of Islamic criminal law in every formation of legislation.</p> <p>The normative-sociological&nbsp;method by conducting a study of various laws and practices.</p> <p>The conclusion that can be drawn in this research is There are several options for enacting Islamic criminal law in the renewal of national criminal law include expanding the competence of the Religious Courts, incorporating concepts or elements of Islamic law in the field of jinayah in National Law, optimizing regional regulations with sharia nuances. Thus Islamic criminal law can color positive criminal law as part of reforming national criminal law with good goals, one of which is reducing crime rates, peace in people's lives, creating peace.</p> Fitri Wahyuni, Riana Kesuma Ayu Copyright (c) 2022 DE JURE Critical Laws Journal https://myjournal.id/index.php/jwh/article/view/46 Thu, 05 May 2022 00:00:00 +0000 BUSINESS LAW AND BUSINESS ETHICS https://myjournal.id/index.php/jwh/article/view/47 <p>The purpose of research to study the business environment aspect. The external environment is everything that the company has to deal with in order for the business to thrive and continue. External factors that affect the company are legal, ecological, political, economic, social, technological and competitive issues. Business Law is part of the company's external environment. Laws are made to regulate human behavior as a society. Violations of business law will be penalized. Business must be run with the Safe principle that the producers and consumers as well as the environment involved feel safe and comfortable so that no party feels that they are not disadvantaged in business activities, so there needs to be regulations that are implemented and understood together.</p> <p>This research is a normative research that seeks to find legal principles&nbsp;that are not fulfilled in the national legal system.</p> <p>The conclusion that can be drawn in this research that Laws that run legally if violated will have an effect on punishment, while laws that are recognized as rules that apply in society will have the effect of being a social norm or rule, and their behavior shows the existence of ethics. Business ethics are ethics that apply to the business world.</p> Erny Rachmawati Copyright (c) 2022 DE JURE Critical Laws Journal https://myjournal.id/index.php/jwh/article/view/47 Thu, 05 May 2022 00:00:00 +0000 THE LEGAL REGULATION OF HALAL PRODUCT GUARANTEES IN INDONESIA https://myjournal.id/index.php/jwh/article/view/48 <p>The purpose of research to study and analyze about the legal regulation of halal product guarantees in Indonesia. The development of the halal industry is now increasing, not only Muslim countries, but non-Muslim countries are also increasingly actively developing the halal industry. Even non-Muslim countries export halal products. This is certainly a problem that must be considered, which is actually a Muslim country must be able to become a producer of halal products for Muslim consumers. Based on data, Indonesia is one of the largest consumers of halal products in the world, this condition should be a motivation to be able to develop into the world's largest producer of halal products. However, if regulations are not implemented, and the development target of the halal industry in Indonesia is not implemented, then Indonesia will continue to be a target for consumers of halal products. Departing from this phenomenon, regulations and policies are needed that are able to optimize the role and participation of the government and society in the application of halal product guarantees. Thus, the policy of the Halal Product Guarantee Law Number 33 of 2014 concerning Halal Product Guarantees was issued, as well as Government Regulation Number 39 of 2021 concerning the Implementation of Halal Product Guarantee.</p> <p>The normative-sociological method by conducting a study of various laws, regulations and practices.</p> <p>The conclusion that can be drawn in this research is regulations on the application of halal product guarantees in Indonesia are also related to food regulations, consumer protection, especially for Muslim consumers who are required to consume halal food, as well as MUI regulations and fatwas related to halal certification and halal products. This rule is a reference and guide for the government in this case the Halal Product Assurance Agency (BPJPH) of the Ministry of Religion, and the community, especially business actors and consumers in implementing halal product guarantees in Indonesia, both related to halal certification, as well as the application of halal fatwas issued. by the MUI fatwa commission.</p> Maisyarah Rahmi Hasan Copyright (c) 2022 DE JURE Critical Laws Journal https://myjournal.id/index.php/jwh/article/view/48 Thu, 05 May 2022 00:00:00 +0000