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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 8 Documents
 1 
Search results for , issue "Vol 8, No 1 (2025): March 2025" : 8 Documents clear
The Position of Creditors Holding Fiduciary Securities in Bankruptcy Triyanto, Toni; Widodo, Hendro; Osman, Ahmed Kheir
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.41642

Abstract

Fiduciary is a transfer of ownership of a certain object by juridical levering from the original owner (debtor) to complete a debt agreement to the new owner based on trust alone (creditor), which is essentially a guarantee for the debtor's debt. On the other hand, the object remains under the debtor's control. The problem that occurs in a bankruptcy case is that in the settlement of bankruptcy assets, creditors holding fiduciary guarantees have the authority to execute their rights, as if bankruptcy had not occurred. The aim of writing this article is to analyze the settlement of bankruptcy assets to avoid regulatory conflicts between the Curator and Separatist Creditors. This type of research is normative legal research, namely legal research carried out by solving legal issues and at the same time providing prescriptions. It is prescriptive in nature, where it is legal research. That the position of separatist creditors in the bankruptcy process will take priority even if a bankruptcy occurs. This is stated in Article 27 paragraph (3) of the Fiduciary Guarantee Law which clearly states that priority rights are not extinguished even if bankruptcy occurs and Article 21 of the Mortgage Rights Law which states that the rights of separatist creditors are not lost in the event of bankruptcy and one of the rights Separatist creditors have the right to precede other creditors as stated in Article 20 paragraph (1) of the Mortgage Rights Law.
Law Enforcement Against Bank Account Breach by Hackers in Perspective of Legal Law Ndruru, Donius; Esther, July; Debora, Debora
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.43827

Abstract

The development of information and communication technology has changed the landscape of the financial industry, particularly in digital banking. Despite offering convenience to customers through services such as internet banking and mobile banking, the risk of cybercrime, such as account breaches, is increasing. This research aims to analyse law enforcement against hackers in cases of bank account break-ins in Indonesia. The method used is a normative legal approach, which involves the study of library materials through a statutory and case approach. Data sources include primary, secondary, and tertiary legal materials, which are analysed descriptively to understand relevant legal norms and doctrines. This research found that despite the existence of various laws related to personal data protection and cybercrime, challenges in law enforcement remain, including a lack of public awareness and adequate human resources. In recent years, bank account breaches have become more prevalent, with various modes that are increasingly sophisticated and difficult to detect. Real-life cases, such as the arrest of 35-year-old Palembang-born porters and hacker syndicate member Gerri Harri Wijaya, serve as important examples in highlighting the need to improve customer protection and banking system security. To stop similar atrocities, more public education and awareness is needed. The results of this study are expected to provide insights for the government, law enforcement agencies, and the banking sector in creating a safe environment for digital financial transactions, as well as raising public awareness about the risks of cybercrime.
The Importance of Local Wisdom Values of Customary Law in The Management of National Land Law Saktiawan, Muhammad Dias; Wiranto, Agus Prasetia
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.41607

Abstract

Agrarian conflicts between customary law communities and the government have recently begun to flare up, this is due to the government's lack of attention to communities that have been guaranteed in communal rights, conflicts that occur in the form of disputes and even criminalisation of communities whose rights are deprived without legal certainty. This research uses the juridical analysis method by making secondary data as the main data in the form of literature studies and laws related to agrarian issues. The importance of customary law local wisdom values in the management of national land law can be concluded that the integration of these values has a significant positive impact in maintaining the sustainability of natural resources, strengthening environmental protection, and preserving cultural wisdom in Indonesia. Through the recognition and implementation of local wisdom values, we can create harmony between customary law and national law, improve the welfare of local communities, and ensure that land management is carried out in a sustainable manner.
Legal Criminal Policy Analysis Against Perpetrators in The Crime of Murder Under The Alcohol Influence Bagaskoro, M. Rizal; Khumaeroh, Irda Nur
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.41608

Abstract

Alcohol can cause intoxication (poisoning, numbing) of the brain. Drinks seem to cause psychoseacuut, with signs including euphorie (feeling great, happy), loss of moral control, lack of self-criticism, feeling great, trivialising danger, little concentration. This writing aims to know and understand the criminal policy towards the perpetrators of the crime of murder under the influence of alcohol and the form of criminal liability by the perpetrators of the crime of murder under the influence of alcohol. The research method used is normative juridical with statutory approach method. The results showed that the criminal policy against the perpetrators of the crime of murder influenced by liquor in force at this time, there is no provision that prohibits a person to drink liquor. Criminal responsibility by the perpetrator of the crime of murder influenced by alcohol can be held accountable for the perpetrator who deliberately brings himself into a state of intoxication (action libera in causa), with the intention of being more courageous in committing a crime. 
The Arrangement Unus Testis Nullus Testis in Sexual Violence Crime Cases: Crucial or Over-Regulation? Mardhiah, Ainal; Susilo, Erwin; Negara, Dharma Setiawan
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.44613

Abstract

The principle unus testis nullus testis is a fundamental evidentiary rule in Indonesian criminal procedure, requiring at least two valid pieces of evidence to convict a defendant. This principle aligns with the negative legal system approach, emphasizing judicial certainty in criminal trials. However, its strict application in cases of sexual violence presents challenges, as these crimes often occur in closed settings where the victim is the sole witness. Recognizing this, Law No. 12 of 2022 on Sexual Violence Crimes introduces a provision that allows a victim's testimony, supported by at least one other piece of evidence, to be sufficient for conviction. This study examines the normative conflict between Article 25(1) of Law No. 12 of 2022 and Article 185(2) KUHAP, which traditionally enforces the unus testis nullus testis principle. By employing a normative juridical approach, this research analyzes the necessity and implications of this special provision, comparing its application with Dutch legal practice, where courts allow supporting evidence beyond direct witness testimony (steunbewijs). The findings suggest that while special considerations for sexual violence cases are justified, Article 25(1) of Law No. 12 of 2022 may constitute over-regulation, as its substance is already accommodated within the existing evidentiary framework of the KUHAP. This research highlights the need for harmonization between special provisions on sexual violence cases and general evidentiary rules to ensure legal certainty while upholding justice for victims. Future legislative reforms should focus on integrating these provisions systematically to prevent redundancy and inconsistencies within Indonesia’s criminal justice system.
The Criminal Responsibility in Cases of Child Abortion Darmawan, Agung Wibowo; Octarina, Nynda Fatmawati
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.44616

Abstract

This study analyzes criminal liability in cases of abortion carried out by minors and considers whether the immature age can be a reason for the elimination of criminal liability. Given that children are in a vulnerable position and often do not understand the legal consequences, social and economic factors such as family pressure, partners, or community stigma also influence their decisions. Using qualitative methods, this study examines legal aspects based on court decisions and regulations in Indonesia and compares legal approaches in other countries. The results of the study show that although children have special legal protection, this does not automatically eliminate criminal liability, except in certain conditions such as coercion or unconsciousness. In many cases, children who have abortions are actually victims of exploitation or sexual violence, so they need protection more than punishment. Therefore, this study emphasizes the importance of legal policy reform that pays more attention to psychological and social aspects, so that the justice system is not only oriented towards punishment, but also towards the restoration and protection of children's rights.
The Limitations of the Non-Profit Concept in the Foundation Law Muntaha, Nur Rahmad; Octarina, Nynda Fatmawati
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.44614

Abstract

This study examines the concept of non-profit in the Foundation Law and its implications for foundations' obligations to implement minimum wages for their employees. Although foundations are oriented towards social goals without seeking profit, they still employ workers who are entitled to employment protection. Dependence on unstable funding sources, such as donations and grants, often poses a challenge in fulfilling these obligations. Using a qualitative method based on normative analysis, this study examines regulations, court decisions, and legal doctrine to determine whether foundations are required to pay minimum wages. The results of the study show that despite their financial limitations, foundations are still required to comply with employment provisions because there are no exceptions in the regulations. Therefore, flexible policies, such as subsidies or incentives, are needed to maintain a balance between the sustainability of foundations and the fulfillment of workers' rights according to legal provisions.
Strict Liability Principles Regulation on Corporate Crimes in Environmental Pollution & Strengthening Criminal Penalties in Indonesia Candrawati, Ni Komang Ayu; Kurniawan, I Gede Agus
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.44878

Abstract

Corporations as legal subjects have great potential to cause environmental pollution, especially in the era of increasingly massive industrialization. Legal protection for the environment in Indonesia was initially strengthened through the application of the strict liability concept in Article 88 of the Environmental Protection and Management Law (UU PPLH). However, since the enactment of the Job Creation Law, the principle of absolute responsibility has experienced significant degradation, which has an impact on weak law enforcement against corporations that pollute the environment. This study aims to analyze in detail the legal regulations for corporate crimes in cases of environmental pollution in Indonesia, with a focus on significant changes after the enactment of the Job Creation Law and their impact on environmental protection efforts and justice for affected communities. This study used a normative juridical method with a statutory approach and a conceptual approach. Data are analyzed qualitatively by examining laws and regulations, court decisions, legal doctrines, and relevant literature. The results of the study show that the elimination of the phrase “… without the need for proof of guilt …” in Article 88 of the PPLH Law by the Job Creation Law has weakened the application of the strict liability principle, making it more difficult for business actors to be held legally accountable. This has the potential to increase environmental damage because the burden of proof is now shifted back to the victim. As a result, substantive justice for the community and the effectiveness of environmental protection are increasingly threatened. In addition, the presence of PP No. 22 of 2021 and Law No. 6 of 2023 emphasizes legal uncertainty and opens loopholes for corporate actors to avoid criminal responsibility.

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