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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 13 Documents
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Search results for , issue "Vol 7, No 4 (2024): December 2024" : 13 Documents clear
The Legal Conflict on Registration of Inter-Religious Marriages Before & After SEMA No. 2 of 2023 Jasmine, Adira Mutiara; Ramadhani, Dwi Aryanti
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41108

Abstract

Registration of interfaith marriages in Indonesia has become an interesting legal issue to study, especially after the publication of Supreme Court Circular Letter (SEMA) No. 2 of 2023. This SEMA provides confirmation that unregistered interfaith marriages will not be recognized by the state, causing the emergence of legal conflicts related to the legal status of previously executed marriages. This research aims to analyze the differences in the perception of marriage before and after SEM|A No . 2 YEAR 2023, as well as legal impacts arising from SEM provisions A. The research method used is a normative research method with a short form of quantitative action, a short form of legislation draft by analyzing various regulations related to research issues. The research results reveal that although SEMA No. 2 of 2023 does not apply retroactively, couples who were married before the issuance of SEMA will still have their marriage recognized as valid by the state. However, couples who marry after the SEMA has been issued and cannot register their marriage face legal uncertainty, which impacts inheritance rights, the legal status of the marriage, and the protection of children born from the marriage.
Civil Liability by the National Land Agency (BPN) in the Protection of Personal Data on Electronic Certificates Azzahra, Natasya Fhadyah; Rizkianti, Wardani
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.42345

Abstract

This research aims to examine, study and explore the legal position of electronic certificate services (e-certificate) and personal data protection within the scope of legal arrangements. In addition, the author wants to encourage the responsiveness and responsibility of the National Land Agency (BPN) in organizing regulations and policies that are fair, certain and beneficial to land rights holders who are legal subjects, as mandated by the 1945 Constitution Article 28D Paragraph 1, Article 28G Paragraph 1 and Article 28H Paragraph 4. The policy of electronic land registration and issuance of electronic certificates organized by BPN is a step to improve land services in Indonesia through digital transformation which aims to provide a sense of security, justice and legal certainty for holders of land rights. However, many of these policies have created pros and cons in the community because the electronic system in Indonesia as a whole is still very vulnerable to cyber threats. Therefore, the importance of BPN's responsibility in providing legal certainty to land rights holders is regulated by legislation because until now the regulation does not exist so the author suggests the establishment of new regulations that contain the form and mechanism of responsibilities that must be carried out by BPN. This research uses an approach that has been used by other researchers, namely normative juridical with a statute approach and conceptual approach through literature studies analyzed descriptively qualitative. The problems to be answered regarding the regulation or legal basis of the implementation of the electronic land certificate policy and the limits of the responsibility of the BPN in providing legal certainty and justice to land rights holders.
Acts Against the Law in the Buying and Selling of Football Tickets Indonesia VS. Australia Asyrafi, Muhammad Naufal; Iskandar, Hardian
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41639

Abstract

Ticket sales through calo often occur in football matches in Indonesia, such as the Indonesia vs Australia match at Gelora Bung Karno. This phenomenon takes advantage of the public's high enthusiasm for football, which often causes losses to consumers. Many buyers are trapped by brokers who sell tickets at a much higher price than the official price to earn personal or group profits. It is clearly an illegal act that violates rules, norms, and laws, especially in the perspective of civil law. The existence of ticket candidates creates unfairness in the ticket sales system that should be transparent, fair, and affordable to all walks of life. Their existence indicates a loophole in the supervision and enforcement of the law that must be repaired immediately. This is important to protect consumers' rights and maintain the integrity of sporting events that all parties should be able to enjoy fairly. Normative research methods are used to analyze the regulations and responsibilities related to the use of calo services in the transaction of buying and selling tickets for Indonesian vs. Australian football matches. From the research results, it was found that the regulation regarding ticket candidates in Indonesia is still insufficient and has not provided legal certainty for consumers. In this case, the act of ticket candidates can be considered as an act against the law that harms the community. Legal efforts that can be made include filing a civil suit and asking the perpetrator to compensate for the losses incurred by consumers.
Determination of the Best Principles for Children in Divorce Cases: A Legal Analysis of the Cibinong Religious Court Decision Number 1042/Pdt.G/2019 Halikha, Nazwa; Winanti, Atik
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41110

Abstract

The purpose of this study is to determine the best principles for children in determining child custody, as well as to determine the legal considerations decided by the judge in determining child custody. This study is motivated by the number of divorce cases in Indonesia and the many children who become victims of conflict or parents. This study focuses on examining the best interests of children and legal considerations for judges in determining child custody arrangements due to divorce. This study uses a normative legal method with a case approach (Case Approach) and a statutory approach (Statute Approach), as well as library research data collection techniques. Custody is in line with the basic principles in Indonesian state regulations, namely the principle of the best interests of children. The results of this study indicate the provisions of Article 105 and Article 156 of the Compilation of Islamic Law. Article 105 of the Compilation of Islamic Law, explains that the provisions of the law on child custody which automatically grant custody to the mother, must be interpreted contextually. The main parameter that must be used as a reference is the best interests of the child. If the best interests of the child are not realized, then Article 105 of the Compilation of Islamic Law must be set aside and the judge must be guided by the best interests of the child. Although Article 105 of the Compilation of Islamic Law grants custody to the mother, the panel of judges also considers the father's ability and readiness to care for the child. The panel of judges decided to divide custody proportionally. For younger children, who still need intensive attention, custody is given to the mother. However, for older children, who are more emotionally stable, custody is given to the father. The panel of judges considered that this was the best solution to ensure the welfare of both children.
Civil Liability of Business Actors for Reverse Passing Off as an Unlawful Act Putri, Nur Zahra Magriba; Sulastri, Sulastri
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41736

Abstract

This research aims to determine the civil liability of business actors who commit Reverse Passing Off by analyzing the legal arrangements regarding Reverse Passing Off from the perspective of Indonesian positive law. This research uses a normative juridical method focusing on legal issues relating to Reverse Passing Off. This research uses a statutory and conceptual approach with data collection techniques, using literature study through normative qualitative analysis methods. The results show that the Trademark Law in Indonesia does not explicitly regulate legal arrangements related to Reverse Passing Off. Still, the principles of consumer protection and provisions on unlawful acts can be used as a basis for handling this practice. Business actors who commit this act must be legally responsible, and the original trademark owner has the right to claim both material and immaterial damages. Alternatively, the resolution of this problem can be done through mediation with the results of mediation in the form of a written agreement that contains legal responsibility and protection for the trademark owner. Therefore, there is a need for regulatory reform, especially in trademark law, by adding reverse passing off as a trademark infringement to protect the aggrieved party and ensure legal certainty, fairness, and transparency in trade.
Legal Protection for Homebuyers in Cases of Developer Default on Guarantees Issued Without Prior Notification (A Case Study of Bekasi District Court Decision Number: 239/Pdt.G/2020/PN Bks) Fikrie, Safina Nabila; Sulastri, Sulastri
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.40935

Abstract

With the progression of time, the demand for housing has significantly increased, motivating various parties to develop businesses in the property sector, particularly in housing. However, in pursuing this business, developers sometimes fail to fulfill their obligations, as illustrated in the Bekasi District Court Decision Number 239/Pdt.G/2020/PN Bks. The purpose of this scientific article is to examine the legal protection available to home buyers against breach of contract by developers and to identify possible courses of action buyers can take to secure ownership rights from non-compliant developers. This article utilizes a normative juridical research method through legislative and case-based approaches. The issues addressed are the legal protections available for home buyers in cases of developer breach of contract and the remedies available to buyers for securing their ownership rights when developers fail to meet contractual obligations. The findings indicate that legal protection for home buyers can be based on the Consumer Protection Law and the Indonesian Civil Code. Buyers have several possible actions, such as demanding that developers fulfill their obligations as per the court ruling, seeking compensation for damages incurred, and reporting the issue to the Ministry of Public Works and Public Housing (PUPR), which has the authority to impose administrative sanctions on developers.
Legal Consequences Regarding Buyers Who Do Not Complete the Land Sale and Purchase Deed Process (Case Study of Supreme Court Decision Number 120 K/Pdt/2016) Putri, Azzahra Aulia Kresna; Winanti, Atik
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41738

Abstract

The "valid" requirement in making an agreement aims to have binding legal force and provide legal certainty for the parties. In accordance with Article 1457 of the Civil Code, a sale and purchase agreement is an agreement between a seller and a buyer. The seller is obliged to hand over the goods that are the object of the sale and purchase to the buyer, while the buyer is obliged to pay the price agreed upon by both parties. This agreement clearly regulates the rights and obligations of both parties. The purpose of this study is to determine the Legal Consequences Related to Buyers Who Do Not Complete the Land Sale and Purchase Deed Process (Case Study of Supreme Court Decision Number 120 K/Pdt/2016). The research method used is normative legal research. The conclusion of this study is that there are cases where buyers feel that they have transferred land rights in a sale and purchase transaction that is carried out only based on PPJB, as stated in the DecisionSupreme Court Number 120 K/Pdt/2016 in this case the buyer is not direct convert PPJB to AJB. This has been clearly regulated in Article 4 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration, which in essence explains: by registering land will provide legal certainty and legal protection to land rights holders. Furthermorein accordance with Article 19 paragraph 2 letter (c) of the Basic Agrarian Law, states that the certificate functions as a strong means of proof.
Re-Explaining the Urgency of the Death Penalty in Realizing a Deterrent Effect in Cases of Premeditated Murder Ansari, Muhammad
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.40617

Abstract

One of the extraordinary crimes in this country is premeditated murder, this is because premeditated murder is carried out with evil planning consciously and thinking in advance, where the result of this crime is the loss of a person's life. The death penalty in suppressing the number of premeditated murder cases through efforts to create a deterrent effect with fear of the death penalty needs to be re-examined legally, because the element of planning is difficult to interpret in premeditated murder, and there are fundamental changes in the imposition of the death penalty for perpetrators of premeditated murder has become an obstacle in itself in the implementation of the death penalty as a penal medium in creating a deterrent effect for perpetrators of premeditated murder. This article with a normative method tries to discuss the death penalty as a means of creating a deterrent effect for perpetrators of murder both in the aspect of normative studies and in comparative legal studies in the scope of the comparison between the death penalty according to the old Criminal Code and the new Criminal Code. So this article intends to describe the development of the death penalty system for perpetrators of premeditated murder according to the development of the National Criminal Code. Based on the existing study, it can be seen that the death penalty in preventing the increase in premeditated murder in society is currently not optimal, the cause is the difficulty in understanding the meaning of planning due to not being written down in the Criminal Code what is meant by planning in premeditated murder. The second problem is the change in the criminal threat for perpetrators of premeditated murder in Article 459 of the Republic of Indonesia Law No. 1 of 2023 concerning the Criminal Code, where the presence of this provision creates a loophole for perpetrators of premeditated murder to avoid the death penalty due to the minimum sentence of 20 years in prison. In addition, the change in the position of the death penalty to an alternative sentence with conditions also opens up a loophole for perpetrators of premeditated murder to be free from the death penalty.
The Validity of Electronic Evidence and Its Relation to Personal Data Protection Manurung, Karina Hasiyanni; Harefa, Beniharmoni
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41815

Abstract

An examination of electronic evidence within the context of Indonesian criminal law focuses on the evolving role of electronic evidence in criminal proceedings, highlighting the challenges arising from the absence of clear regulation in the Indonesian Criminal Procedure Code (KUHAP) and the necessity of balancing this with privacy rights under the Personal Data Protection Law (UU PDP). Electronic evidence, such as digital data and electronic documents, is increasingly recognized under the applicable laws in Indonesia, yet its practical application remains complex within the criminal justice system.  This research employs a normative legal methodology, analyzing relevant legal provisions and their interplay, particularly concerning the validity of electronic evidence and data privacy. Both statutory and conceptual approaches are utilized, reviewing primary legal materials such as KUHAP, UU PDP, and related regulations. The study also examines key legal principles, including compliance, transparency, and proportionality, in the context of handling electronic evidence.  Secondary data is gathered through a comprehensive literature review, including legal texts, academic books, and journals. The findings indicate significant gaps in the current legal framework, particularly regarding the procedural norms for evidence collection and the tension between privacy rights and criminal justice needs. The research concludes with recommendations for legal reforms aimed at integrating electronic evidence more effectively into KUHAP, ensuring greater consistency, safeguarding privacy, and promoting procedural fairness in criminal proceedings.
The Land Acquisition Compensation Process for Public Interest based on Law No. 2 of 2012 Riduan, Amelia Marchela Putri; Winanti, Atik
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41595

Abstract

Law No. 2 of 2012 concerning Land Acquisition for Public Interest is carried out with the aim of providing land for development for the public interest by terminating the legal relationship between land rights holders and their land rights by providing appropriate compensation. And its implementing regulations are regulated in Presidential Regulation Number 71 of 2012. In the implementation of the Land Acquisition process, there are often obstacles in the process or become legal and social conflicts between land owners and institutions that need land. On this basis, the study aims to determine the process of providing land compensation that meets the principles of the Land Acquisition Law and this study is expected to be able to be used as a reference if similar problems occur. The method used in this study is Normative Jurisprudence, with a Statute Approach that is relevant to the Land Acquisition Law.The results of the study indicate that land acquisition for public interest as regulated in the Land Acquisition Law aims to create justice between the rights of land owners and the needs of national development. This process involves providing fair compensation, including physical and non-physical compensation, while taking into account the socio-economic balance of land owners. However, in its implementation, conflicts often arise related to the legitimacy of ownership and community resistance. This study emphasizes the importance of deliberation and dignified compensation mechanisms to maintain socio-economic stability. The conclusion of the research isCompensation is carried out transparently and through deliberation, taking into account the balance between landowner rights and development needs. The form of compensation includes physical and non-physical, aiming to maintain the socio-economic stability of landowners while supporting national development and protecting the rights of all parties in need.

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