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Jurnal Daulat Hukum
Published by Universitas Islam Sultan Agung
ISSN : 2614560X     EISSN : 2614560X     DOI : 10.30659
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Focus and Scope The aims of this journal 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 deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 19 Documents
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Search results for , issue "Vol 2, No 2 (2019): June 2019" : 19 Documents clear
Rehabilitation Policy Against Narcotics Users As A Study Of Act Number 35 Of 2009 On Narcotics Indah Rachmawati; Lathifah Hanim
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5554

Abstract

Writing is entitled "Rehabilitation Policy Against Narcotics Users As A Study Of Act Number 35 Of 2009 Concerning Narcotics". Based on the description in this thesis, that will be examined are: 1). How social rehabilitation program policies towards drug users that have been set by the Act Number 35 of 2009 on narcotics? 2). How social rehabilitation constraints against drug users and measures taken to address them? 3). How social rehabilitation program policies against drug users in the future from the study of Act Number 35 of 2009 on narcotics? The study concluded that: 1). Seeing the criminal provisions of Article 127 paragraph (2) and (3), it can be concluded that the judge in deciding the case mentioned in Article 127 paragraph (1) is obliged to pay attention to clauses governing the provision of rehabilitation so that later addicts and victims abusers of narcotics can The rehabilitation of both medical rehabilitation and social rehabilitation and no longer subject to imprisonment or imprisonment for rehabilitation is counted as time serving his sentence. 2). Constraints that come from this government by mentioning that there are five (5) constraints, namely: there is no stipulation of a special place for addicts and victims of abusers of narcotics for the rehabilitation, rehabilitation cost problem for convicted drug abuse, no rehab appointed by the Government, the differences between the testimony of the defendant, witnesses and Criminal laboratory results, there is a problem of execution. While the solution of the problems are: Need to immediately set a special place for addicts and victims of drug abuse for the rehabilitation, the Government should have the extra funds to finance all decisions rehabilitation for victims of substance abuse, the Government should have the scale of priority to the problem of rehabilitation, Investigator and the authorities in handling should be more careful in handling the problem of drug abuse and have proof of accurate, execution issue should be considered from the extent of the offense. 3). Law enforcement Law Number 35 of 2009 concerning Narcotics which is ideal must be accompanied by awareness that law enforcement as part of the legal subsystem, is also a social subsystem, so that the influence of the environment is quite influential on the principles of law enforcement and legal principles that apply in the national environment. civilized nationKeywords: Rehabilitation Policy, Narcotics, Rehabilitation.
Economic Integration And Environment In Organizing Ports Services (Management Of Juridical Analysis Of Tanjung Emas Port In Semarang) Widya Putri Idayatama; Rakhmat Bowo Suharto
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5658

Abstract

The study "Economic Integration and Environment in organizing Ports Services (Management Of Juridical Analysis of Tanjung Emas Port in Semarang)" aims to: 1) analyze the economic and environmental integration in port management. 2) analyze the economic and environmental integration in the management of the harbor at the port of Tanjung Emas in Semarang. 3) analyze constraints identified in the waste management of Tanjung Emas In Semarang.Methods of research in this thesis using Legal Social approach. Reresearch socio-legal research is helping to understand and provide the social and political context configurations that affect the law and its implementation. Through interviews with officials in the relevant port of Tanjung Emas Port Semarang, or by observation in the form of observations systematically involved in obtaining the data. Afterwards will be analyzed data obtained from various sources qualitatively. The results showed that: 1) economic integration with the environment which is run by PT. Pelindo III Semarang as a form of sustainable develoRegulationent 2) based on field data. Pelindo participate in environmental protection activities with the implementation of the rules of environmental controls derived from ISO 14001: 2015 and the units participating in the supervisory activities of environmental conservation 3) barriers that exist in the management of waste in the port of Tanjung Emas is not only Pelindo remember their other business entities that participate in managing the port.Keywords: Economic Integration; Environment; Ports Services Management
Juridical Analysis Of Prosecution Application Against Traffic Violators Through E-Ticketed System With CCTV Footage As Evidence Teguh Tri Prasetya; Eko Soponyono
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5429

Abstract

This study aims to identify and analyze the application of the prosecution and the inhibiting factors, as well as the implementation of action should be, against traffic violators through E-Traffic ticket system with CCTV footage as evidence. The approach method in this research is empirical juridical approach. Specifications are descriptive analytical research and analysis used is qualitative analysis. The results of this research are: 1) Implementation of action against traffic violators through E-Traffic ticket system with CCTV footage as evidence that E-Traffic ticket enacted to curb the traffic. If the conventional ticketed offenders will be dismissed by the officer and given a ticket, but the E-Traffic ticket there is not like it and if the offender has committed an offense. 2) inhibiting factors in the implementation of action against traffic violators through E-Traffic ticket system with CCTV footage as evidence, namely Traffic Police not yet have its own camera so that in its application to the camera's still a part of the Transportation Agency of Semarang. Data Regident must use a server connected to Traffic Police Coordinator and in every action must be coordinated to the Central Java Traffic Police Directorate which has the network. Supported yet the budget for delivery via Postal address listed on the vehicle registration is not yet fully in accordance with the ownership. 3) Implementation of action that should be against the violators of traffic through the E-Traffic ticket system with CCTV footage as evidence that by applying the principle of vicarious liability where a criminal liability imposed on a person for the actions of others (the legal responsibility of one person for the wrongful acts of another). This means that the current application and E-Traffic ticket system become Electronic Traffic Law Enforcement (ETLE) in can not be charged to the owner of the vehicle of origin, even though the vehicle has not been did name change / but still subject to the deed of sale and purchase of own popularity. That is because owners of vehicles, both cars and motorcycles, not entirely make the process behind the name. Keywords: Repression; Traffic Offenders; E-Traffic Ticket; CCTV Footage; Evidence.
Law Enforcement Process Analysis By Agencies Of Provos Indonesian National Police (Inp) On Discipline Violation In The Form Of Crime By Police Members (Case Study In National Police Headquarter) Iwan Setiyadi; Sri Kusriyah Kusriyah
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5424

Abstract

Law enforcement is one attempt to create order, security and peace in the community, whether it is a preventive and repressive effort. Order and security in society will be realized and maintained properly if all the components of society in a country can understand and comply with all the norms contained in the social life. Police as one of the law enforcement agencies in Indonesia is the spearhead for the achievement of the rule of law in Indonesia. With separated INP from the Indonesian Army (TNI) then sued professionalism of members of the police in the execution of their duties. The aims of this research are, to know Provos INP in the law enforcement of discipline to member of Indonesian National Police (INP) who did violation on Disciplinary Code in Government Regulation No. 2 of 2003 on Disciplinary Code to all member of police as the explanation from Article 27 paragraph (2) Act No. 2 of 2002 on Indonesian National Police. After declared PP No. 2 of 2003, Provos INP has given authority as auditor to all members of Indonesian National Police who did violation even though the violation is not criminal sanction and give the document to Authorities Agency (Ankum). And to know the factors which impacted the law violation by Indonesian National Police in disciplinary code which not be burden by Provos INP to do Disciplinary Law Enforcement. Keywords: Discipline Violation; Provost INP; Crime.
Legal Policy On The Existence Of Criminal Law Of Illegal Foreign Labor In Indonesia I Dewa Putu Gede Anom Danujaya; Sri Endah Wahyuningish
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5412

Abstract

The problems that arise in connection with the use of foreign labor in Indonesia, is a violation of residence permit and work permit. In the passport and foreign workers have written that the Indonesian government granted permission by the immigration authorities is to work as migrant workers in Indonesia with a position and a certain time even just as a tourist. Not infrequently the user companies often hide these illegal foreign workers. Indonesia is a country of law where any problems exist in the country has been governed settlement conditions in the form of the rule of law. In matters of illegal foreign workers in Indonesia the rules governing such example Act No. 13 of 2003 on employment has made a policy both administrative and criminal policy. Criminal in the world of employment can not be denied as a punishment to provide a deterrent effect, especially entrepreneurs form of a corporation in the use of illegal foreign labor. Labor gives a great influence in the development of national economy and the arrival of foreign workers into Indonesia when no restrictions are adjusted will cause social unrest, economic, and human resources are poor in Indonesia. Criminal policy has been implemented on the rules governing the use of foreign labor in Indonesia. Labor gives a great influence in the development of national economy and the arrival of foreign workers into Indonesia when no restrictions are adjusted will cause social unrest, economic, and human resources are poor in Indonesia. Criminal policy has been implemented on the rules governing the use of foreign labor in Indonesia. Labor gives a great influence in the development of national economy and the arrival of foreign workers into Indonesia when no restrictions are adjusted will cause social unrest, economic, and human resources are poor in Indonesia. Criminal policy has been implemented on the rules governing the use of foreign labor in Indonesia. Keywords: Foreign Workers; Illegal; Criminal Policy.
Implementation Of Criminal Sanctions Against Crime Mining Potential Effects Without Permission For Deterrent Effect (Study On Jurisdiction Central Java Regional Police) Nizar Anwar; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5556

Abstract

This study, entitled "Implementation of Criminal Sanctions Against Crime Mining Potential Effects Without Permission For Deterrent Effect (Study In Region Central Java Regional Police)". Based on the description in this thesis, that will be examined are: 1). How does the application of criminal sanctions against the crime of mining without a license in the jurisdiction of the Central Java Regional Police? 2). Is it true that criminal sanctions against mining without permission a criminal offense can be a deterrent effect? 3). How the barriers and solutions so the application of criminal sanctions against the crime of mining can be a deterrent effect?The study concluded that: 1). Penal provisions against the crimes mining unlicensed / illegal mining regulated in Act Number 4 of 2009 on Mineral and Coal, under Article 158, Article 160 Paragraph (1) and Paragraph (2), Article 161, Article 163 Paragraph ( 1) and Paragraph (2), and Article 164. 2). Act Mineral and Coal just set the maximum threat. This is impacting on the demands of the Public Prosecutor and the decision to be handed down by the judge. In the absence of a minimum penalty, the prosecutors and the judge may impose demands and the decision to a penalty is low, so it is feared not give deterrent effect to the perpetrators of illegal mining. 3). Mining Law there are four (4) weakness which some contradictory to each other, namely: a). In Article 169 (a) regarding the validity of the Contract of Work. b). Act Number 4 Of 2009 on Mineral and Coal Mining (Mining Law) are not set on the Mining Authority (KP). c). Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs. Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs. Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs.Keywords: Sanctions; Criminal Act; Mining.
Criminal Law Enforcement Policies In Prevention Efforts Of Information Technology Crime Vitriano Aditya Morradi; Munsharif Abdul Chalim
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5545

Abstract

The problem of this research is the criminal law enforcement policies in prevention efforts of information technology crime in the positive law and criminal law enforcement policy in combating criminal acts in the positive law of information technology that will come. The method used is normative juridical approach and specification in this study were included descriptive analysis. And sources and types of data in this research is secondary data obtained from the study of literature relating to the theory of Enforcement and Compliance Laws. Based on the results of the research that the Indonesian government policy with the promulgation of Act No. 11 of 2008 on Information and Electronic Transactions (ITE Act.) is the first legal framework that governs the world of cyber (Cyber Law) because the charge and broad scope in discussing arrangements in cyberspace, such as the expansion of electronic evidence together with the evidence that has been known so far, the recognition of electronic signatures as a means of verification, and authentication of legitimate an electronic document, as well as setting deeds done in cyberspace as a criminal offense. Policy formulation of the crime of information technology should pay attention to the internal harmonization with the criminal justice system or the general sentencing rules that apply today. It can not be said to harmonization / synchronization when the formulation policies are outside the system. Therefore the policy formulation of criminal law the crime of information technology in the future should be in the criminal justice system currently applies.Keywords: Policy, Law Enforcement; Criminal; Information Technology.
Analysis Of Handling Practices On Corruption Crime By Police (Case Study In Special Criminal Investigation Police Directorate Of Central Java) Muhamad Riyadi Putra; Gunarto Gunarto
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5425

Abstract

Corruption is categorized as an extraordinary crime are not only a disaster for the national economy, but also a violation of the rights of social and economic rights of the people. Police officers as part of the legal system, the role is very particularly important in law enforcement anti-corruption law enforcement. Police as a sub-system of the Criminal Justice System, authorized to perform the duties of investigation of all criminal offenses in accordance with the Criminal Procedure Law and the regulations of other legislation including corruption cases, in addition to law enforcement agencies such as the Attorney and the Corruption Eradication Commission. The problem in this paper is handling practices of corruption by Indonesian National Police (INP) as the law enforcement sector which has authority in law enforcement against those specific criminal offense. The role of the police in handling corruption is a duty of inquiry and investigation against corruption by the Criminal Code, Act No. 2 of 2002, Act No. 31 of 1999 jo. Act No. 20 of 2001 and Presidential Instruction No. 5 of 2004. The function and authority of the Police in the investigation of corruption cases, the police play a very large in the case of law enforcement corruption. One of the functions of the Police in the investigation is the arrest, detention, search, and seizure. Keywords: Management; Crime; Corruptio; Police.
Law Politics Of Legislative Election Ika Yuana Darmayanti
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5414

Abstract

Elections in democracies, including in Indonesia, a process that put people's sovereignty completely hands of the people themselves. Principles of Election in accordance with the constitution, namely the principle of constitutional life of the sovereignty of the people (democracy), it is marked by every citizen has a right to participate actively in the decision-making processes of the state. In Indonesia until today there are several general election, such as the General Election to the The House of Representatives (DPR), Provincial DPRD, Regency / City; Election of the President; and Election Regional level is for election Regent / Mayor. At the village level do Democracy party called Pilkades (Village Head Election).The position of the House of Representatives is strong, the Parliament can not be dissolved by the President, unless the members are all concurrently be members of the People’s Consultative Assembly (MPR). Therefore, Parliament can always keep an eye on the actions of the President, and if it considers the President actually violate the state policy which has been established by the Constitution or the Assembly, the Assembly may be invited to a special court order that could have asked for an answer to the President. Parliament consists of 560 members from 77 constituencies be represented compound (multi-member electoral districts) that have three to ten seats per constituency (depending on population-related region division) selected through open proportional system. The parliamentary threshold of 3.5 per cent applies only to the The House of Representatives (DPR) and does not apply to Provincial DPRD. Keywords: Elections; Democracy; The House of Representatives.

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