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Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
ISSN : 2615174X     EISSN : 26155648     DOI : -
Core Subject : Social,
Volksgeist have a focus in publishing the research, and conceptual ideas which specific in the sector of Law science. [p-ISSN: 2615-174X | e-ISSN: 2615-5648]. The topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Constitutional Law, Islamic Constitutional Law, Criminal Law, Islamic Law, Civil Law, International Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Civil Procedural Law, Adat Law, and Environmental Law.
Arjuna Subject : -
Articles 40 Documents
PENENTUAN KESEPADANAN PASANGAN PERNIKAHAN BERDASARKAN PERHITUNGAN WETON Zubaidah, Dwi Arini
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol 2 No 2 (2019)
Publisher : Faculty of Sharia, State Institute of Islamic Studies (IAIN) Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (295.325 KB) | DOI: 10.24090/volksgeist.v2i2.2907

Abstract

This article is intended to answer the factors of weton calculation practice in Ngaringan and sociological analysis of these practices. This article uses field research by observing, interviewing and documenting as well as using Max Weber's theory of social action. This article concludes that the concept of comparability already exists in the rules of Islamic law, positive law and customary law. Therefore, the existence of the traditional Weton calculation practiced by the Ngaringan Grobogan community in Central Java has several factors: first, adat and belief. The community preserves the calculation of weton as a custom originating from ancestors. Second, the form of preventive business. Third, a form of respect for both parents. The traditional Weton calculation practiced  by the Ngaringan community is a social action in the traditional action category. The Ngaringan people still maintain the custom of Weton calculation even though the custom is not regulated in a written rule.
TANGGUNG GUGAT APABILA TERJADI KECELAKAAN SEBAB POLISI TIDUR Michael, Tomy; Faruq, Umar
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol 2 No 2 (2019)
Publisher : Faculty of Sharia, State Institute of Islamic Studies (IAIN) Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (214.28 KB) | DOI: 10.24090/volksgeist.v2i2.2894

Abstract

This article is intended to address the issue of community accountability in the event of an accident due to speed limitation or 'polisi tidur?. The method used is normative legal research, which uses a statutory approach and a conceptual approach. This article concludes that the public can sue the Minister of Public Works or State Legal Entity under the Department of Transportation. In the daily life of the village apparatus to always supervise the surrounding community to avoid fatal legal actions. Communities should be given directions by village officials in accordance with the legislation in Indonesia.
PERAN MAHKAMAH KONSTITUSI DALAM MENGAWAL PRINSIP CHECKS AND BALANCES TERHADAP DEWAN PERWAKILAN DAERAH DI INDONESIA Wardani, Ivana Eka Kusuma
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol 2 No 2 (2019)
Publisher : Faculty of Sharia, State Institute of Islamic Studies (IAIN) Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (248.095 KB) | DOI: 10.24090/volksgeist.v2i2.2883

Abstract

This article is intended to answer the role of the Constitutional Court in overseeing checks and balances function of Regional Representative Council. This article is a normative study using normative approach. This article concludes that in performing its role, the Constitutional Court has influential authority for state institutions to support the implementation of structured constitutional system using checks and balances principles. Through the judicial review mechanism, the Constitutional Court functions as an interpreter of the 1945 Constitution. Decision of the Constitutional Court Number 30 / PUU-XVII / 2018 proves the role of the Constitutional Court in maintaining the implementation of checks and balances principles in Indonesia
REFORMASI BIROKRASI DAN PEMENUHAN HAK WARGA DALAM MENGAKSES PELAYANAN PUBLIK MELALUI MAL PELAYANAN PUBLIK Suryanegara, Ade Harsa
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol 2 No 2 (2019)
Publisher : Faculty of Sharia, State Institute of Islamic Studies (IAIN) Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (357.196 KB) | DOI: 10.24090/volksgeist.v2i2.2870

Abstract

Various services are organized to meet the needs and provide convenience for the community. In the reform era, through the ministry of Administrative Reform and Bureaucratic Reform, one of the efforts to improve the quality of public services is to formulate policies in the form of Public Service Mall. This paper discusses the government's efforts to improve bureaucratic reform through the implementation of Public Service Malls. The issue of licensing is a complicated process that makes it difficult for the public to access public services. Hence, people are reluctant to deal with administrative issues. With an integrated Public Service Mall one door to serve a variety of administrative services, licensing services can be provided in a prime, effective and efficient manner.
KEDUDUKAN HUKUM PEOPLE POWER DAN RELEVANSINYA DENGAN HAK KEBEBASAN BERPENDAPAT DI INDONESIA Susanto, Muhamad Iqbal
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol 2 No 2 (2019)
Publisher : Faculty of Sharia, State Institute of Islamic Studies (IAIN) Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (253.997 KB) | DOI: 10.24090/volksgeist.v2i2.2844

Abstract

This article is here to examine the legal position of People Power which is associated with the constitutional movement considering that interpretations relating to People Power in Indonesia are still very diverse. The writing method used is the deductive method. This article concludes that People Power is synonymous with the spread of propaganda both through social media, demonstrations, and the greater emphasis on resources mobilized. Then People Power if it is related to constitutional rights based on Article 28 of the 1945 Constitution, concerning association and assembly, expressing thoughts verbally and in writing. Of course as long as it is still in the corridor mandated by the 1945 Constitution, the People Power in question is considered constitutional activity. But on the contrary if the people power is outside the corridor of the 1945 Constitution, where the intended People Power is intended to overthrow by force a legitimate government, then it will automatically be considered as an unconstitutional movement.
Perlindungan Hukum Terhadap Pelayanan Kesehatan Tradisional di Indonesia Utami, Nurani Ajeng Tri; Alawiya, Nayla
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol 1 No 1 (2018)
Publisher : Faculty of Sharia, State Institute of Islamic Studies (IAIN) Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (329.831 KB) | DOI: 10.24090/volksgeist.v1i1.1605

Abstract

Traditional health services in Indonesia have been regulated in the Law No. 36 of 2009 about Health and in Government Regulation No. 103 of 2014 specifically. This paper is intended to discuss the legal protection of traditional health services and its forms. This study applies normative juridical methods. The results show that the level of legal protection for traditional health services is empirically lower than complementary and integration. This is proven by the absence of the right to obtain legal protection for traditional empirical health services. The legality of traditional empirical health services is only attested by Traditional Health Registered Letters (STPT) while complementary and integration is attested by a Certificate of Traditional Health Worker Registration (STRTKT) and Practice Permit Traditional Health Workers (SIPTKT).
Sinkronisasi Materi Muatan Perda Berbasis Syariah Na’imah, Hayatun
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol 1 No 1 (2018)
Publisher : Faculty of Sharia, State Institute of Islamic Studies (IAIN) Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (337.871 KB) | DOI: 10.24090/volksgeist.v1i1.1610

Abstract

The regional regulation (Perda) as one of the legal products prevails in the Republic of Indonesia (RI) has its place in the hierarchical structure of the Indonesian legislation. The emergence of Shari'a-based local regulations in various regions in Indonesia is related to the emergence of regional autonomy. Shari'a based regional regulations cannot be directly said to be good or not according to the law, nor can it be said to be in line with or contrary to the existing legislation. There are several parameters to assess the regional regulations, namely by the Executive Review conducted by the Ministry of Home Affairs, the Judicial Review carried out by the Supreme Court and the Legislative Review by the Legislature. Through these parameters it can be seen whether Sharia-based regional regulation (Perda) are referred to as part of the existing legislation in Indonesia.  
Refleksi Normatif Mengenal Ṣaḥīfah al-Madīnah Terhadap Konstitusi Negara Indonesia Al-Azhar, Hanif Fudin
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol 1 No 1 (2018)
Publisher : Faculty of Sharia, State Institute of Islamic Studies (IAIN) Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (214.155 KB) | DOI: 10.24090/volksgeist.v1i1.1617

Abstract

In the life of the nation, each country has specific guidelines to regulate and bind the people in the country, including governance arrangements. This paper is intended to discuss and examine those specific guidelines as the state constitution. The focus of this study is the constitution of the Republic of Indonesia, namely the post-Amendment 1945 Constitution which is considered implicitly relevant to Ṣaḥīfah al-Madīnah or Medina Charter as the result of the agreement between Rasulullah SAW and people of Madinah at that time (Mu'aqadah al-Waṭāniyah). It is considered to have constitutional content as in constitution of a modern state. The author uses the reflective aspect of Ṣaḥīfah al-Madīnah normatively in terms of constitutional content in the Republic of Indonesia
Penerapan Prosedur Mediasi dalam Penyelesaian Sengketa Wakaf di Pengadilan Agama Syufaat, Syufaat
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol 1 No 1 (2018)
Publisher : Faculty of Sharia, State Institute of Islamic Studies (IAIN) Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (421.088 KB) | DOI: 10.24090/volksgeist.v1i1.1678

Abstract

Waqf has two dimensional meaning; the spiritual dimension that is taqarrub to Allah and the social dimension as the source of Islamic financial for the welfare of the people. Waqf disputes can be caused by several reasons; waqf land is not accompanied with a pledge; waqf is done on the basis of mutual trust so it has no legal proof and ownership. Currently, the choice to use the court is less effective in resolving disputes. Hence, the public ultimately chooses non-litigation efforts as a way to resolve the disputes. Mediation process is preferred by many as it is viewed to be the fairest way where none of the two parties wins or loses (win-win solution). It is also fast and cheap. This study is intended to examine how to solve waqf dispute with mediation model according to the waqf law, and how the application of mediation in the Religious Courts system
Problematika Hukum Implementasi Sifat Final dan Binding Putusan yang Dibuat oleh BASYARNAS dalam Penyelesaian Sengketa Bisnis Syariah Khasanah, Karimatul
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol 1 No 1 (2018)
Publisher : Faculty of Sharia, State Institute of Islamic Studies (IAIN) Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (193.71 KB) | DOI: 10.24090/volksgeist.v1i1.1685

Abstract

BASYARNAS’s verdict in resolving dispute can be negotiated or cancelled by submitting nullification to the Religious Court if the parties or one of them felt dissatisfied with the BASYARNAS verdicts. This case is important to be reviewed academically because of its paradox and ambiguity. On the one hand the decision is final and binding, but on the other hand it could be cancelled through the Religious Court. If the BASYARNAS verdicts really want to be final and binding, the nullification of the verdicts should be abolished. It can be replaced by an amendment of the verdict submitted to BASYARNAS and handed back to the arbitrator (arbitrator panel) who handles the dispute. Apart being fast and confidential, the arbitrator (judge) is more aware of the case, the reasons, evidences and witnesses of the dispute.

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