Articles
<![CDATA[Sabhara Kudus Police Unit Effort In Combating Adulterated Liquor In Kudus District ]]>
<![CDATA[Deni Dwi Noviandi]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 1, No 4 (2018): December 2018 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v1i4.4143
<![CDATA[The issues of law enforcement in combating adulterated liquor in the Kudus Police Region, There are two (2) ways circulation of liquor law enforcement carried out by the Sabhara Kudus Police unit, namely preventive and repressive. As for preventive measures carried out where possible and still their awareness to obey the law. While repressive action is action taken if preventive measures are not effective, so that the people carrying out the law though involuntarily. While the police in law enforcement there are (two) action that is persuasive and repressive action which has its own purpose.Constraints faced by the Sabhara Kudus Police Unit in combating adulterated liquois related to the limited number of Members of the unit Sabhara Police at the sanctuary that is generally still not satisfactory, not maximum, and uneven steps socialization PERDA (Regional Regulation) conducted at the societal level, so far not uncommon understanding less precise with regard to the procedures or systems at the time of preparation until the determination of regulation efforts Sabhara Police Unit in combating Kudus adulterated liquor in the Kudus Police Region. Effort or attempt Sabhara Police Unit of the Kudus in minimizing the violation is by way of non-judicial and pro justicia. Non-judicial action is accomplished by providing guidance, exhort or guide in order not to repeat the mistakes that have been made that violates local laws. If this action is less provide a deterrent effect and the parties related to underestimate, then the action pro justicia, the actions of pro justicia is taken when actions coaching or non judicial considered insufficient because only given guidance only, then Sabhara Kudus Police Unit may soon crack down and will be brought to trial and be subjected to probation.Keywords: Sabhara Kudus Police Unit ; Adulterated liquor.]]>
<![CDATA[PREVENTION AND ENFORCEMENT EFFORTS AGAINST CRIME EMBEZZLEMENT POLICE CAR RENTAL IN RESORT CITY OF SEMARANG (Case Study No. Bp / 87 / K / Bap / VII / 2018 / Reskrim on 6 June 2018) ]]>
<![CDATA[Insan Al Ha Za Zuna Darma Illahi]]>;
<![CDATA[Ira Alia Maerani]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i4.8441
<![CDATA[This study aims to identify and explain the efforts to control and enforcement of laws against the crime of embezzlement of car rental in City Police Large Semarang in Case Number: Bp / 87 / K / Bap / VII / 2018 / Reskrim on 6 June 2018, to provide educational material or contributing to the entrepreneur car rental and Police Large city Semarang in prevention and law enforcement against criminal acts of embezzlement of car rental in the city of Semarang, and to investigate and explain the constraints and find solutions in the response and enforcement of laws against the crime of embezzlement car rental Big City Police in Semarang.This study uses empirical juridical approach or legal research Sociological with embezzlement case study specification car in Semarang. Data were collected from documents and interviews with investigators Vice Unit I resum Sat Criminal Police Large City Semarang to then analyzed using qualitative analysis, then concluded.The results showed that law enforcement is often done by the City Police of the Semarang to the crime of embezzlement car rental, while the factors that are the cause has not done of law enforcement due to limits in the Book of the Law of Criminal Law and the crime on complaint, therefore efforts conducted by the City Police of the Semarang can be divided into three attempts pre-emptive, preventive and repressive, these efforts are sometimes subject to constraints such as the difficulty of giving meaning to the people, cars rented a car loan, easy to hand over vehicles to consumers.Keywords: prevention efforts by law enforcement, the crime of embezzlement.]]>
<![CDATA[Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber) ]]>
<![CDATA[Didi Wahyudi Sunansyah]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8483
<![CDATA[The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.]]>
<![CDATA[Legal Analysis Of Giving Remission To Fostered Citizens Of Criminal Acts In Narcotics In The Narcotics Special Class IIa Gintung Cirebon ]]>
<![CDATA[Suhada Suhada]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8428
<![CDATA[The problems of this study are: 1) How can the application of remissions the inmates of narcotics cases in the Penitentiary (Prison) Narcoticts Class IIA Gintung Cirebon? 2) Are the obstacles in granting remission to the prisoners in the prisons of narcotics cases Narcotics Class IIA Gintung Cirebon?The method used is a sociological juridical approach. Specifications research used in this research is descriptive analysis. The sources and types of data in this study are primary data and secondary data.Based on the results of this study concluded that Application of remissions the inmates of narcotics cases in the Penitentiary (Prison) Narcoticts Class IIA Gintung Cirebon tightened after the enactment Government Regulation No. 99 Of 2012 and the Regulation of the Minister of Law and Human Rights No. 3 of 2018. Constraints in granting remission to the prisoners in the prisons of narcotics cases Narcotics Class IIA Gintung Cirebon because in addition to the provisions stipulated by Government Regulation No. 99 Of 2012 and the Regulation of the Minister of Law and Human Rights No. 3 of 2018, also the following provisions: a) Punishable with a penalty of less than 6 months; b) Disciplinary penalties and violations are listed at the register book prisons or detention order within the time period taken into account in granting remission; c) Leave ahead of undergoing free; d) Sentenced to imprisonment substitute fines.Keywords: Legal Analysis; Remission; Citizens Patronage of Corrections; Crime; Narcotics]]>
<![CDATA[Implementation of Criminal Action Prosecution Online in Realizing Principle of Fast Prosecution, Simple & Low Cost ]]>
<![CDATA[Ardito Yudho Pratomo]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i2.15737
<![CDATA[Indonesia is a state of law, thus everything is regulated by law, if there are people who violate the law then it is resolved through a judicial process. The Covid-19 virus has had an impact on the need for online trials. The formulation of the problem in this study is how the implementation and constraints of the implementation of the stages of prosecuting criminal cases (online) and how the ideal implementation in the application of the stage of prosecuting criminal cases (online) in order to realize the principles of fast, simple and low-cost justice in Indonesia. Wonogiri Prosecutor's Office? This study uses empirical legal research methods. The results of this study indicate that the implementation of the stages of prosecuting criminal cases (online) in order to realize the principles of fast, simple and low-cost justice at the Wonogiri Prosecutor's Office is carried out with Supreme Court Regulation (PERMA) No. 1 of 2019 concerning Administration and Trial in Courts Electronically. Implementation constraints in the application of (online) prosecution of criminal cases due to legal factors, Cultural Community facilities and infrastructure. The ideal implementation of the application of online criminal prosecution in order to realize the principles of fast, simple and low-cost justice at the Wonogiri Prosecutor's Office requires clear arrangements, human resources who have IT skills. Internet Network, a good understanding of the law intensively conduct outreach to the community.]]>
<![CDATA[Legal Protection from Provocate Abortion Againts the Child Conceived Because Rape (Case Study on Jurisdiction Ex Residency of Cirebon) ]]>
<![CDATA[Eka Damayanti Damayanti]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i4.8435
<![CDATA[The problems of this study are: view of the living norms of public life related to the legalization of abortion under PP No. 61 of 2014 on Reproductive Health in the jurisdiction of Ex Residency of Cirebon, Legal protection of children conceived for Pregnancy Preferred (KTD), form the legal protection of children conceived for Pregnancy Preferred (KTD), particularly rape victims in the future.The method used by researchers is sociological approach juridical law and specification in this study was included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies Cirebon MUI, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of effectiveness and progressive law.Based on the results of research that potentially incompatible with Islamic law if it does not pay attention to the provisions of law or the Fatwa of Indonesian Ulama Council, besides that government regulation is taking the authority of the judiciary by the executive branch, because the authority to determine a person can have an abortion only submitted to the doctor and known by the Health Department / districts forwarded to the Provincial Health Office, without having to get a judgment and / or determined by the court, including the MUI Fatwa can ignore. Abortion performed by a rape victim is allowed and does not constitute a crime, but as a special lex and Health Act Government Regulation No. 61 Of 2014 on Reproductive Health has taken over the authority of the judiciary, because abortion is performed by a rape victim does not need to get a determination from the court. Reflected Bill-September 2019-the Penal Code refers to the Law of Health and Government Regulation No. 61 of 2014 on Reproductive Health, so that the provision is contrary to the Constitution of the Republic of Indonesia 1945.Keywords: Provocate Abortion; Child; Rape; Legal Protection.]]>
<![CDATA[Legal Flexibility in Children Diversion Which Conflict With the Law (ABH) Case Study At Ex Residency of Cirebon Jurisdiction ]]>
<![CDATA[Muchammad Qomaruddin Qomaruddin]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8456
<![CDATA[Along with the development of the juvenile justice system practices that have been implemented so far as regulated in Act No. 11 Of 2012 on Child Criminal Justice System (Act of SPPA).The problems of this study are: the flexibility of implementation of diversion in the case of ABH at Ex Residency of Cirebon Juridiction, problems that exist and occur in carrying out the diversion case of ABH in the Ex Residency of Cirebon Jurisdiction, diversion in Case of ABH solutions in the future will come.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. While the sources and types of data in this study are primary data obtained from the field study interview. And secondary data obtained from the study of literature.Based on the results of research that In accordance with Act No. 11 Of 2012 on Juvenile Justice System, flexibility implementation of new diversion is the stage, which can be done at this stage of the investigation in Children Investigators, or at what stage in the Prosecuting Attorney of the Child, as well as examination by the Child Justice. Hampered that diversion is restricted by a minimum penalty of which may carry out a diversion, even if the victim and the perpetrator (ABH) has versioned, it turns out if the criminal threat is more than seven (7) years, the diversion that has made News The event can be canceled and further processed to court for trial. Supposedly back in the Draft Bill which is being processed in the House of Representatives of Indonesia, should attempt a diversion in case the child is not constrained by the threat of punishment, because diversion is only mediation enforcement between criminal and victim that in application not sure in agreement.Keywords: Flexibility Law; Diversion; Children; ABH]]>
<![CDATA[Restorative Justice In Application For Crime Investigation Abuse In Polsek Middle Semarang ]]>
<![CDATA[M.Gargarin Friyandi]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4204
<![CDATA[The issues that will be reviewed by the authors in this paper are: 1) How can the application of Restorative Justice in the criminal investigation police persecution in the Middle Semarang?; 2) What are the obstacles in the implementation of Restorative Justice in the criminal investigation police persecution in the Middle Semarang; 3) What is the solution to implement Restorative Justice in the criminal investigation police persecution in the Middle Semarang? The method research approach used socio-juridical. Specification of the research is descriptive.The the type of data used is primary data, secondary data consisting of secondary legal materials and tertiary legal materials.Based on the results of the study concluded that the application of Restorative Justice in the investigation of criminal mistreatment in police Middle semarang has been able to implement, but still refer to the existing rules that reduce the evidence to the non-fulfillment of the evidence in accordance with Article 184 Criminal Procedure Code so that the case can be implemented degrees termination of an investigation or SP3 , Obstacles in the implementation of Restorative Justice in the criminal investigation police persecution in the Middle Semarang is the existence of internal factors and external factors that should be corrected so that Restorative Justice can be implemented without violating the rules. The barriers related solutions need to do is provide legal counseling, seminars, maximize the role of lower-level government officials related legal awareness in the community and maximize Bhabinkamtibmas role as the executive officer as well as representing the presence of the state in society.Keywords: Restorative justice; Investigation; Crime of Persecution.]]>
<![CDATA[The Choice Problems Of Presidential System In Indonesia Post-Reformation ]]>
<![CDATA[Siti Rodhiyah Dwi Istinah]]>;
<![CDATA[Aryani Witasari]]>;
<![CDATA[Fajar Fathan Fuadi]]>;
<![CDATA[Muhammad Ali Maskun]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 3 (2021): September ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i3.17516
<![CDATA[The purpose of this paper is to find out and analyze the problems of the choice of the presidential system in the post-reformation of Indonesian state administration. The research method used is normative juridical, using a statutory approach. The data used is secondary data, with primary legal material from the 1945 Constitution and other laws and regulations. The results show that the choice of a presidential government system becomes a problem when juxtaposed with the multi-party system (combined phrase of political parties) in the 1945 Constitution. The MPR in the trial between 1999 and 2002 did not choose a quasi-presidential system in the original 1945 Constitution as well as a parliamentary system and explicitly transplant the American-style presidential system of government, without paying attention to ideological reasons and the identity and traditions of the state that have been explored by the nation's founders such as Soepomo, Soekarno and Muhammad Hatta. ]]>
<![CDATA[The Legal Power of Public Officers' Decisions Successful in Public Courts ]]>
<![CDATA[Aji Sudarmaji]]>;
<![CDATA[Masrur Ridwan]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i1.20477
<![CDATA[The aims of this research is to know one of the causes of the emergence of civil cases is the decision of public officials that support and benefit one party, and harm the other party. They feel even more disadvantaged, and feel they have been treated unfairly, because the culprit is considered the source of the problem, namely the decision of the public official who can no longer be challenged in the PTUN (State Administrative Court). The approach used in this research is a normative juridical research method. The object analysis used a qualitative approach, with reference to the existing legal norms in the legislation. The primary data that became the initial basis were civil cases in the Pemalang District Court and the Serang District Court. A birth certificate which is issued if it is not in accordance with and contradicts the applicable legal provisions, it is still possible to be canceled or declared invalid and has no binding legal force by a court decision. However, a birth certificate can be valid and cannot be canceled if it meets certain conditions, both formal and material requirements. In order to cancel a birth certificate, if it is suspected that the issuance is not in accordance with the applicable legal provisions, then the injured party can file a cancellation lawsuit and declare it invalid and does not have binding legal force to the State Administrative Court, but if the submission is in conflict with the provisions of Article 55 of the Law on State Administrative Courts, there is still an opportunity to submit it to the General Court, namely the local District Court to declare that the birth certificate is invalid and has no binding legal force.]]>
