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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 6 Documents
 1 
Search results for , issue "Vol 6, No 3 (2023): September 2023" : 6 Documents clear
Implementation of the Oversight Function of the Aceh Special Autonomy Fund zulkifli, Muchlis; Hafidz, Jawade
Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023
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.v6i3.32427

Abstract

This study aims to identify and analyze the mechanism for implementing the oversight function of the Aceh Special Autonomy Fund (DOKA) of the Aceh People's Representative Council on the Government of Aceh and to determine and analyze the impact of oversight of the Aceh Special Autonomy Fund (DOKA) of the Aceh People's Representative Council on the Government of Aceh. The research method used is sociological juridical with statutory approach, conceptual approach and sociological approach based on descriptive analytical research specifications. Based on the results of the study it was concluded that First; The Regional People's Legislative Council is a Regional People's Representative Body and is domiciled as an element of regional government administration which has a supervisory function, namely carrying out supervision of the implementation of Regional Regulations and other Laws and Regulations, Regional Head regulations, APBD, regional government policies in implementing regional development programs, and international cooperation in the regions with the aim of such supervision is a form of preventive action against handling various deviations that endanger and detrimental to the rights and interests of the region, society and the state. Second; that in order to guarantee the implementation of a good government (good governance) supervision must be carried out by the Aceh People's Legislative Council as the implementation of the functions of the said institution. Supervision is a form of every effort and action in order to find out the extent to which tasks are carried out according to the provisions and targets to be achieved. The ultimate goal of supervision is to achieve results in accordance with a predetermined plan. Oversight from the Aceh People's Legislative Assembly which starts from discussing the budget to submitting accountability reports from the Government of Aceh (Governor) is not very effective considering that these two institutions have many interests in them.
The Legal Protection for Whistleblowers on Corruption Crimes in Indonesia Sulastri, Lusia
Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023
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.v6i3.31043

Abstract

The crime of corruption, which is also classified as an extraordinary crime or referred to as an extraordinary crime, has characteristics and characteristics related to the power of a person holding a position in a government system, from the village government system to the central government system. Efforts to reveal criminal acts of corruption require the role of witnesses regarding these crimes who can be reported by the reporter. This research used literature study with the doctrinal approach. In addition, this study also examines the ideal legal protection for whistleblowers for corruption. The results of the study show that legal protection for whistleblowers for criminal acts of corruption is not running well, as evidenced by the determination of the status of the suspect Nurhayati for Corruption Crimes in Cirebon Regency. This happens because there is no common perception of the position of the Whistleblower on Corruption Crimes as a subject protected by law between the police and the Prosecutor's Office. The ideal legal protection for whistleblowers for criminal acts of corruption is to build legal protection for whistleblowers that is integrated and obeyed by law enforcement officers. The provision of witness protection must of course start from law enforcement who is the spearhead of law enforcement, namely the police.
The Effectiveness of Digitizing Land Services to Prevent Land Mafia in Vietnam Thá, Nguyán Háu; bin Idrus, Datuk Mazlee Malik
Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023
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.v6i3.33287

Abstract

This research aims to analyze: 1) Implementation of digitization of land services. 2) Effectiveness of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The implementation of digitization of land services is carried out through a special agrarian internet site. Currently, the Ministry of Agrarian Affairs has implemented four digital land services, including Electronic Mortgage Rights, checking certificates, Land Registration Certificates, and Land Value Zone information. There are two electronic services that will be added by the AGRARIAN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at AGRARIAN AGENCY Vietnam, apart from using a special agrarian internet site, is also carried out through the Touch application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the Ministry of Agrarian Affairs.
The Community Participation in the Environmental Management of Used Battery Smelting Activities Sodikin, Sodikin; Permana, Divia Rekha
Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023
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.v6i3.26703

Abstract

Article 70 of Law Number 32 of 2009 provides concrete directions, instructions and forms of community participation in environmental protection and management. The participation includes forms of efforts that can be done by the community so that they can participate in protecting and managing their environment. The manifestation of such participation can be in the form of social supervision, giving advice, opinions, proposals, objections, complaints, submitting information and reports. The manifestation of community participation in the Cinangka village is related to the smelting of used batteries which has the effect of environmental pollution which greatly disrupts the life of the Cinangka village community in various ways as directed in Article 70 of Law Number 32 Year 2009. The form of participation was carried out with the submission of complaints to the Village Government to the Bogor Regency Environmental Agency, demonstrations, deliberations with business actors for the use of smelting used batteries, conducting legal proceedings against business actors, and participating in the success of the Eco-Friendly Village program. Because the legal awareness of the community is still low which is influenced by low educational factors, so not all people participate in participating in environmental management.
The Age Limitation of Witness in Marriage Reviewing from Maqashid Al-Syariah Albani, Muhammad Syukri; Kurniadi, Dedi
Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023
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.v6i3.20542

Abstract

Additional information regarding the age limit of witnesses in marriage, which is mandatory to be 19 years old is a polemic and has consequences if a witness is carried out by a person who has not reached the age of 19 years, then the witness is invalid according to the Regulation of the Minister of Religion No. 11 of 2007. As for the formulation of the problem in The writing of this thesis is (1) How is Islamic law reviewing PMA No. 11 of 2007 regarding the age limit of witnesses in marriage (2 ) How is PMA No. 11 of 2007 concerning the age limit of witnesses in marriage in terms of Maqashid Al-Syariah. To get the answer to the problem formulation above, the library research method is used. The data collection method is document study and descriptive analysis is used. The results of the study show that first, in a review of Islamic law, the age limit for witnesses using the Baligh standard in Article 19 paragraph 2 PMA No. 11 of 2007, is not explicitly regulated in either the Qur'an or Hadith. So the rules applied in PMA No. 11 of 2007 regarding Baligh, aged at least 19 years, according to the author, is a result of ijtihad, namely by using several opinions from the Hambali and Safi'i scholars, by using the definitive age limit , which is the age requirement for marriage witnesses at least 19 years. The law of age has never been found in the classical fiqh literature. So the author concludes that this is the result of contemporary ijtihad, namely PMA No. 11 of 2007.
Executorial Power of State Administrative Court Decisions Associated with General Principles of Good Government Setiawan, Deni; Dwi Istinah, Siti Rodhiyah
Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023
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.v6i3.32081

Abstract

The purpose of this research is to find out and analyze the executorial mechanism of the State Administrative Court's decisions, to know and analyze the executive power of the State Administrative Court's Decisions associated with the General Principles of Good Governance and to find out and analyze sanctions against Administrative Officials/Bodies. State Enterprises that do not implement the decisions of the State Administrative Court. This study uses a normative juridical method with the approach used is a statute approach and a conceptual approach based on descriptive analytical research specifications. In this context it is necessary to study the executorial power of court decisions and other reasons that may be the cause of the success and failure of the implementation of decisions so that it can be seen that apart from executorial power there are other conditions that are responsible for all the successes and failures in resolving disputes at the State Administrative Court. All of this boils down to the morality of the officials concerned and laws and regulations that do not explicitly regulate the implementation of punishments/sanctions from the state administrative court (PTUN). Officials who do not carry out the obligations ordered in the decision of the State Administrative Court which has permanent legal force (inkracht van gewijsde), will be subject to moderate administrative sanctions which include: a) payment of forced money and/or compensation; b) temporary dismissal by obtaining office rights; or c) temporary dismissal without obtaining office rights.

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