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jdh@unissula.ac.id
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INDONESIA
Jurnal Daulat Hukum
ISSN : 2614560X     EISSN : 2614560X     DOI : 10.30659
Core Subject : Social,
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
Search results for , issue "Vol 7, No 3 (2024): September 2024" : 6 Documents clear
The Human Rights Conditions That Affect Politics and Government Stability in The United Kingdom R. Cornell, Rachel
Jurnal Daulat Hukum Vol 7, No 3 (2024): September 2024
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.v7i3.40023

Abstract

In 2023, the UK government eroded domestic human rights protections and reneged on important international obligations. The government passed a law further criminalizing protesters and limiting workers’ strikes. A new law will ban people who arrive “irregularly” to the UK from claiming asylum or accessing protection, putting them at further risk of harm. This paper will discuss about government who again failed to take meaningful steps to tackle institutional racism and address past wrongs, including to fairly compensate Black Britons whose rights were harmed by government policies in what was coined the “Windrush scandal” and to remedy ongoing colonial crimes against the Chagossian people. The UK’s nose-diving domestic human rights record undermined its efforts to promote the rule of law and human rights globally.
The Legal Politics Against Artificial Intelligence Crimes in Criminal Law Reform Hidayatuzzakia, Hana; Widyawati, Anis; Martitah, Martitah
Jurnal Daulat Hukum Vol 7, No 3 (2024): September 2024
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.v7i3.39889

Abstract

Technological sophistication in adulthood has had a significant imact on social life. Artificial Intelligence acts and behaves like humans in the same aspects of speed and accuracy. The interpretation of AI when a criminal act is present can only be seen as a legal object. The purpose of this research is to find out and analyze the rules of Artificial Intelligence crimes in Indonesian positive law and to find out and analyze Artificial Intelligence policies in several other countries. This research uses a normative legal research method, namely an approach carried out by examining literature studies, international news, and the approach of the Law. The legislation used is Law No. 1 of 2024, the second amendment to Law No. 11 of 2008 concerning Information and Electronic Transactions. The results of the research show that the rules of AI Crime are still regulated in the Law on Information and Electronic Transactions concerning electronic systems and electronic agents. There is no specific policy in response to the problem of Artificial Intelligence. Foreign countries such as China, America, Europe have special regulations regarding the concept of AI. The state's obligation to protect and follow the dynamics of technology needs to be supported by legal certainty. Special regulations need to be presented as a form of the government's seriousness in carrying out legal reform.
The Political Law of Simultaneous General Elections as Effort to Strengthen the Presidential System Kusriyah, Sri; Ma'ruf, Umar; Rhodiyah Dwi Istinah, Siti; Witasari, Ariyani
Jurnal Daulat Hukum Vol 7, No 3 (2024): September 2024
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.v7i3.40022

Abstract

This study aims to analyze the legal politics of simultaneous general elections as an effort to strengthen the presidential system both under national and Islamic law, which aims to discuss how the legal politics of general elections in Indonesia is the embodiment of popular sovereignty. The method used in this paper was a normative juridical method, namely by analyzing the norms related to the holding of simultaneous general elections, so that the data used in this paper is secondary data, problem analysis using qualitative analysis. The results of the discussion show that the legal politics of simultaneous general elections is intended to emphasize a strong and effective presidential government system, and basically, Islam cannot be separated from politics as a form of practicing shura, Amar Ma'ruf Nahi Munkar, as well as fighting for justice and preaching good deeds. The MPR as the institution authorized to stipulate and amend the Constitution can make stipulations on guidelines for the implementation of development that must be carried out by the President, which will later serve as suggestions for evaluating the performance of the President for five years.
Legal Analysis of Misyar Marriage According to the Views of Nashirudin Al Bani Chaidir, Muhammad; Suparmin, Sudirman
Jurnal Daulat Hukum Vol 7, No 3 (2024): September 2024
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.v7i3.40202

Abstract

This study aims to examine the views of Nashirudin Al-Bani regarding Misyar marriage. In the perspective of Islamic Law, marriage is a very strong contract (mitsaqan ghalizhan), aimed at carrying out the commands of Allah SWT and is considered a form of worship. This research is empirical with a legal sociology approach, which analyzes the practice of Misyar marriage in the community through the perspective of Nashirudin Al-Bani. Primary data is obtained through interviews and observations of the Helvetia community, while secondary data is collected from various Islamic legal literature, books, journals, articles, and online searches. The results show that Misyar marriage is increasingly prevalent in several Muslim-majority countries, thus requiring a clear legal view. Misyar marriage is a form of marriage where couples live separately based on mutual agreement. Although husbands are still obliged to provide for their wives, these marriages are conducted with often hidden motives, which have the potential for negative repercussions. Nashirudin Al-Bani firmly forbids Misyar marriage, because he believes that this practice is close to adultery, opens opportunities for abuse of dowry, divorce, and remarriage without responsibility, and focuses more on fulfilling personal desires rather than moral and religious responsibilities.
Analysis of the Role of the Waqf Nazir in the Management of the Mosque in Review of the Minister of Religious Affairs Regulation Number 54 of 2006 Habib, Muhammad Khairi; Harahap, Abd. Rahman
Jurnal Daulat Hukum Vol 7, No 3 (2024): September 2024
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.v7i3.40323

Abstract

As-Syukriyah Mosque in Tanjungbalai City is one of the new mosques whose management has deviated from the relevant legal provisions. Based on Law Number 41 of 2004, the Waqf Nazir does not have the duties and authority of the Mosque Prosperity Board (BKM). However, in As-Syukriyah Mosque, the Waqf Nazir actually plays a full role in carrying out the duties and authority of the BKM. This situation is caused by the absence of an official certificate from the local Religious Affairs Office (KUA) that establishes the mosque's BKM management structure. This research uses a normative juridical approach to analyze the legal norms governing the duties of the Waqf Nazir as well as the role of the KUA in the establishment of BKM in accordance with the Minister of Religious Affairs Regulation No. 54 of 2006. The results show that the mosque is still managed independently by the Waqf Nazir without community involvement and without an official decree from the KUA, although according to existing regulations, As-Syukriyah Mosque is categorized as a District/City BKM. This condition shows the need to improve mosque governance in accordance with applicable laws and regulations.
An Examination of Attempted Murder in Islamic Criminal Law Bancin, Muhammad Al Amin; Suparmin, Sudirman
Jurnal Daulat Hukum Vol 7, No 3 (2024): September 2024
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.v7i3.40635

Abstract

This research examines attempted murder (qatl al-amd) in Islamic criminal law, which is considered a serious offense with strict legal consequences. In Islamic law, the intention (niyyah) and concrete action to kill someone are seen as morally and legally equivalent to the successful act of murder, referring to the principles of protection of human life (hifz al-nafs) and justice (‘adl). Attempted murder can arise in a variety of situations, including physical attacks with weapons or other life-endangering devices. This research explores the main criteria in assessing attempted murder, namely the existence of an intention to kill as well as concrete actions to achieve that goal. Based on a normative juridical approach and analysis of primary legal texts, the study found that Islamic law provides for proportionate punishment while taking into account factors such as the intention of the perpetrator, the condition of the victim, and the social context of the event. In addition, the principle of reconciliation in Islamic law emphasizes the need

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