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"Vol 8, No 2 (2025): June 2025"
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<![CDATA[Legal Analysis of Default in Oral Lease Agreement (Case Study of Supreme Court Decision No. 2368 K/Pdt/2019) ]]>
<![CDATA[Dantjie, Angel Heraria]]>;
<![CDATA[Surahmad, Surahmad]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v8i2.45526
<![CDATA[Agreements are one of the main sources of civil legal relations in Indonesia. In practice, agreements are not always stated in written form, but are often made orally. This raises legal issues when a breach of contract occurs and the injured party files a lawsuit in court. This journal discusses the Supreme Court Decision No. 2368 K/Pdt/2019 between Flavianus Fexa versus Cau Phen as a concrete example of the validity of oral agreements and their proof in civil procedural law. The analysis focuses on the application of Articles 1320, 1234, and 1238 of the Civil Code and the Supreme Court's considerations in declaring the defendant in breach of contract. Although the plaintiff's lawsuit was rejected at the District Court and High Court levels due to the absence of written evidence, the Supreme Court granted the cassation by emphasizing the importance of substantial justice and the validity of proof through other evidence such as witnesses and summons letters. This decision confirms that oral agreements remain valid as long as they meet the elements of an agreement, have a clear object, and can be proven. In addition, this decision can also be an important precedent in the practice of Indonesian civil law, considering that many people still make agreements verbally. The conclusion of this Journal emphasizes the importance of legal protection for oral agreements and the flexibility of judges in upholding substantive justice compared to mere procedural formalities.]]>
<![CDATA[Passive Constitutional Rights of Former Convictors in Regional Head Elections (Perspective of Constitutional Court Decision No. 42/PUU- XIII/2015) ]]>
<![CDATA[Kurniawan, Anfal]]>;
<![CDATA[Yudhanti, Ristina]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v8i2.44927
<![CDATA[This study discusses the political rights of former convicts to run as regional head candidates. This article is the result of an analysis of the Constitutional Court's decision No. 42/PUU-XIII/2015 which grants political rights to former convicts to run as regional head candidates. The basis for consideration (ratio decidendi) of the Constitutional Court's decision is; the right to vote and be elected can only be revoked based on a court decision, not based on statutory provisions; a person who has served a sentence and is released from prison is essentially a person who has repented and regrets his actions, so it is not appropriate to be given another punishment through statutory provisions that prohibit running in regional head elections. On that basis, the Constitutional Court grants the right to former convicts to run as regional heads. The Constitutional Court's decision has legal consequences for former convicts who were previously not allowed to run as regional head candidates. After the Constitutional Court's decision, convicts have the same rights to run in regional elections.]]>
<![CDATA[The Impact of Constitutional Court Decision No. 168/PUU-XXI/2023 on The Employment Cluster in The Job Creation Law: Implications for The Use of Foreign Workers in National Strategic Projects ]]>
<![CDATA[Estiwardani, Fitri]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v8i2.44863
<![CDATA[The ratification of Law No. 11 of 2020 on Job Creation, using the omnibus law concept, marks a new beginning in the legislative process, including in the employment sectors. This law consists of 11 clusters, one of which is the Employment cluster. While the Job Creation Law has undergone changes due to judicial review, it has also faced significant debate and controversy. The omnibus concept aims to simplify, synchronize, and streamline regulations that hinder the goals of job creation and investment in the real sector. National strategic projects supported by the Job Creation Law have led to an influx of foreign workers. If the foreign worker licensing process is simplified, especially to support these national strategic projects, it must still consider that the positions filled by foreign workers cannot be filled by Indonesian workers. The debate and rejection of the Job Creation Law, culminating in the filing of a judicial review request to the Constitutional Court regarding the employment cluster (Decision 168/PUU-XXI/2023), suggests that the omnibus law concept may not be the appropriate approach for the formation of Employment Law, as there are norms that conflict with the 1945 Constitution of the Republic of Indonesia.]]>
<![CDATA[Legal Analysis of The Role of Diskominfo in Realizing Transparency & Public Participation in Gresik Regency ]]>
<![CDATA[Zulvikar, Muhammad Vicki]]>;
<![CDATA[Wardana, Dodi Jaya]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v8i2.45172
<![CDATA[The government is responsible for maintaining the transparency of public services and improving public understanding of the law. Data shows an increase in internet access in Indonesia between 2018 and 2022, with 98.44% of people using smartphones to access the internet in 2022. Nevertheless, the APJII 2022-2023 survey shows that there are still many people who do not know the existing applications to improve public service transparency, especially in Gresik. To combat the spread of hoaxes and help governments combat fake websites, decisive action is needed. This research shows that understanding the public is an important part of the democratic process, and increasing public awareness can help them better engage in public service. The findings of this study focus on the relationship between government and society is critical to achieving transparency, which is part of good governance. The findings of this study emphasize that electronic governance systems are very important to increase transparency and public participation. Improved training, technological infrastructure and application development are still needed, although there are still obstacles such as a lack of skilled human resources in the field of Information Technology. With the improvement of regulation and digital education, Diskominfo of Gresik Regency is expected to improve these conditions. To ensure public services run properly, applications such as Gresik Media must be used correctly. To ensure that the public can access clear and open policies and information, all government entities must support transparency in accordance with applicable law. All this is essential to support a good democracy.]]>
<![CDATA[Land Control in The Beach Border Area According to Presidential Regulation No. 51 of 2016 ]]>
<![CDATA[Riti, Kristina Daido]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v8i2.44843
<![CDATA[Presidential Decree No. 51 of 2016 concerning Coastal Boundaries stipulates regulations regarding land use in coastal areas to protect ecosystems and prevent environmental degradation. This research aims to analyze these regulations in the context of protecting community rights and environmental sustainability. This research analyzes regulations governing restrictions on land ownership in coastal border areas as well as protection mechanisms for traditional and local communities by applying normative juridical methods. The research results show that the coastal border is state land whose use is restricted, except for public interests or conservation with government permission. This regulation provides legal protection for communities through recognition of customary rights, public consultation, as well as compensation and relocation mechanisms. Apart from that, there are administrative sanctions for parties who violate the provisions, including written warnings, fines, and demolition of illegal buildings. Regional governments have the authority to supervise and enforce these regulations, while still considering humanitarian aspects and community rights. Implementation of this policy is expected to balance development and conservation interests, protect coastal ecosystems which are vital for environmental sustainability, and prevent the risk of natural disasters. Thus, this regulation plays an important role in realizing sustainable coastal management and supports the interests of future generations.]]>
<![CDATA[Legal Analysis of Notary's Obligations and Responsibilities in Providing Social Services in Medan City ]]>
<![CDATA[Adnan, Muhammad Ali]]>;
<![CDATA[Tarigan, Erlangga P Suranta]]>;
<![CDATA[Zendrato, Rizaldo]]>;
<![CDATA[Sunarto, Atika]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v8i2.45653
<![CDATA[Notaries have important duties and responsibilities in providing social services, in accordance with Law No. 2/2014 on the amendment of Law No. 30/2004 on the Office of Notary. These duties are mainly related to making legal deeds and ensuring that legal actions are carried out in accordance with applicable rules. This study aims to examine the duties and responsibilities of notaries in social services as well as the impact of negligence in performing duties, including the legal sanctions that can be imposed. The analysis shows that notary negligence can harm the parties involved and undermine trust in the notary profession. Therefore, supervision of notary performance needs to be improved, and sanctions should be strictly applied to those who are negligent. Continuous education and training, as well as transparency in decision making, are important to reduce errors and improve the quality of legal services.]]>
<![CDATA[Misapplication of the Concept of Actual Losses in Pretrial Decision No.113/Pid.Pra/2024/PN.Jkt.Sel ]]>
<![CDATA[Dana, Robin]]>;
<![CDATA[Alhadi, Muhammad Nurcholis]]>;
<![CDATA[Surahman, Surahman]]>;
<![CDATA[Elviandri, Elviandri]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v8i2.45648
<![CDATA[Corruption is a special crime that is different from general crimes because it requires state financial losses as a basic element. Constitutional Court Decision No. 25/PUU-XIV/2016 emphasizes that corruption must be viewed as a material crime, so that the element of real and definite state losses (actual loss) must be proven investigatively. This concept requires an accurate and final calculation of state losses as part of at least two valid pieces of evidence as specified in Article 184 of the Criminal Procedure Code. This study aims to examine the judge's error in the Pretrial Decision No. 113/Pid.Pra/2024/PN Jkt.Sel, which does not make actual loss a valid piece of evidence in the application of coercive measures against corruption suspects. Using normative research methods through a legal approach and case studies, as well as qualitative analysis, it was found that pretrial judges still use a formal crime approach and accept evidence that does not meet the actual loss standard. This error has implications for legal uncertainty and has the potential to harm the suspect's rights in the criminal process.]]>
<![CDATA[Juridical Review of The Term Limitation of Political Party Chairman to Realize Constitutional Democracy in Indonesia ]]>
<![CDATA[Adhiba, Lingga Zalfa]]>;
<![CDATA[Wedhatami, Bayangsari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v8i2.45595
<![CDATA[Political parties are crucial institutions in Indonesian democracy, but the absence of term limits for party chairpersons has the potential to create power domination, oligarchy, and weakening of internal party mechanisms. This study analyzes the urgency of limiting the term of office of political party chairmen and formulates ideal norms in the positive legal system in Indonesia. The results show that the absence of this regulation has triggered individual domination, such as prolonged leadership in PDIP and NasDem, barriers to regeneration, and misappropriation. Article 1 Paragraph (2) and Article 28E Paragraph (3) of the 1945 Constitution juridically become the constitutional basis, even though Law No. 2 Of 2011 on the Amendment to Law No. 2 Of 2008 on Political Parties does not explicitly regulate it. The author recommends: (1) revising the Article 23 Paragraph (1) of the Political Party Law to limit the term of office of the party chairman to a maximum of two terms and 5 years in office; (2) an independent supervision mechanism; (3) transparency of the succession process; and (4) the application of sanctions for violating parties. The implementation of this policy is expected to strengthen constitutional democracy, prevent oligarchy, and encourage the political participation of the younger generation. Cooperation between the government and civil society is needed to realize constitutional democracy in Indonesia.]]>
<![CDATA[Analysis of Legal Protection on Employment Contracts Between Owner and Ship Crew at One of PT. Pelayaran Samudra Kancana ]]>
<![CDATA[Hendriyanto, Saini]]>;
<![CDATA[Handayani, Pristika]]>;
<![CDATA[Hadiyanto, Alwan]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v8i2.45084
<![CDATA[The problem of sailor protection in its implementation is still far from expectations. This is evident in the practice of employment in the maritime sector, there are still things that are not in accordance with what has been stipulated in the Employment Law. Where employers still make their own rules for the benefit of the company without considering the rights of their workers. This research used the qualitative approach which is a research approach that aims to understand phenomena about what is experienced by research subjects, such as behavior, perception, motivation, actions and so on holistically and by means of description in the form of words and language in a specific context. Based on the results of the study, it was concluded that state protection of maritime workers is still weak and slow from maritime security and safety threats. Other issues such as wages, maritime work contracts, Indonesian maritime professional certification, strikes, unilateral layoffs, severance pay, freedom of association of maritime workers, and foreign sailor workers are issues that have been problems for both shipping companies and Indonesian sailor workers. The state must be fair in the payroll system, the internal supervision function must still have external supervision, there needs to be a ministerial or presidential decision on the salary standards of Indonesian sailors.]]>
<![CDATA[Implementation of Cyber Notary as a Notary Transformation in the Digital Economy Era (Comparative Study of German Notary Law) ]]>
<![CDATA[Handayani, Umi]]>;
<![CDATA[Sulistiyono, Adi]]>;
<![CDATA[Tejomurti, Kukuh]]>
<![CDATA[ Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v8i2.45649
<![CDATA[The process of implementing the Cyber Notary concept in Indonesia still faces various obstacles due to the provisions in Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary or abbreviated as UUJN which still applies the principle of " Tabellionis Officium Fideliter Exerbo" and several articles in the UUJN which are still traditional. This article analyzes the opportunities and obstacles to implementing Cyber Notary in the Indonesian legal system in facing the Digital Economy era, and elaborates on the best practices of German notary law which has previously implemented the Cyber Notary concept. This article is a legal research with a socio-legal approach, namely that which is related to law and technology and a comparison of notary law with Germany. The results of this study are that there are still several regulations that hinder the entry of the Cyber Notary concept in Indonesia so that changes are needed to the UUJN and the formation of other regulations that support this concept, but on the other hand there is an opportunity for the Cyber Notary concept to be implemented, as stated in the explanation of Article 15 number (3) of the UUJN which is the entry point for the Cyber Notary concept. In order to make changes to the UUJN, Indonesia can make Germany a rule model because it has previously implemented the Cyber Notary concept and has succeeded in integrating digital technology into Notary practices, such as the use of digital signatures, the use of video conferencing and the storage of electronic document archives.]]>
