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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 18 Documents
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Search results for , issue "Vol 8, No 3 (2025): September 2025" : 18 Documents clear
The Juridical Analysis of Narcotics Abuse Settlement through Restorative Justice in Bekasi Septiana Agri, Siska; Kanthika, I Made; Markoni, Markoni; Sembiring, Malemna Sura Anabertha
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.47626

Abstract

This study aims to analyze the implementation of restorative justice in drug abuse cases at the District Attorney’s Office of Bekasi Regency. The approach is grounded in the values of substantive justice, humanity, and criminal justice system effectiveness, particularly in response to the inefficiencies of conventional penal models for drug users. This research adopts a normative juridical method and a case study approach of the suspect Muhamad Yunus. The resolution of narcotics abuse cases through rehabilitation is a mechanism inseparable from the implementation of restorative justice, with the spirit of restoring the original condition by rehabilitating the perpetrator of narcotics abuse, which constitutes a victimless crime. The Prosecution Service may terminate prosecution if the perpetrator meets certain criteria and can undergo rehabilitation, thereby providing a solution to narcotics abuse cases involving offenders better suited for rehabilitative measures. The findings reveal that while restorative justice is not explicitly regulated in Law No. 35 of 2009 on Narcotics, its implementation can be legally justified through prosecutorial discretion based on the Attorney General’s Regulation and integrated assessment results. The study also emphasizes the importance of amending legislation to strengthen the legal legitimacy of restorative justice in drug-related cases as a corrective and humanistic approach within Indonesia’s criminal justice system
The Innovation of Criminal Law Interpretation Model in Indonesia through Rule of Lenity Approach Susilo, Erwin; Negara, Dharma Setiawan; Lufsiana, Lufsiana
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.47103

Abstract

This research aims to explore and develop an innovative concept of criminal law interpretation in Indonesia through the Rule of Lenity (RoL) approach. The RoL principle, originating from the common law system, emphasizes that ambiguous criminal provisions must be interpreted narrowly and always in favor of the defendant. Within Indonesia’s civil law system, adopting RoL has the potential to strengthen legal certainty, safeguard defendants’ human rights, and reduce the risk of arbitrariness in law enforcement practices. The study employs normative legal research methods, focusing on theoretical foundations of the principle of legality, established doctrines of statutory interpretation, and comparative analysis of RoL application in common law jurisdictions, particularly the United States. The findings suggest that RoL in Indonesia should only serve as a last resort, applied strictly when all existing interpretative methods still leave unresolved ambiguity. This ensures that RoL does not undermine legal predictability while simultaneously upholding fairness in criminal adjudication. The conclusion highlights the necessity of explicitly regulating RoL within Indonesian positive law. Such regulation would provide judges with clearer guidance, reinforce protections for defendants, and contribute to achieving a balanced criminal justice system. Ultimately, the integration of RoL offers a pathway for Indonesia to harmonize its civil law tradition with a principle that enhances justice and prevents potential abuse of prosecutorial and judicial discretion.
Electoral Law Innovation to Strengthen Women's Representation in Parliament Virdaus, Saivol; Musofiana, Ida
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.44885

Abstract

In a healthy democratic system, it is important to involve women and men in policy-making and decision-making processes to achieve balance and justice. In Indonesia, despite the requirement for 30% female candidates for parliamentary positions, the representation of women elected remains below this target. This study uses a juridical-normative method with conceptual, legislative, and comparative approaches to answer how to ensure at least 30% female representation in parliament. The findings show that the current electoral system affects the low level of female election success, especially with the plurality voting system that presents significant challenges for women. Currently, Indonesia implements a gender quota as a candidate quota, which only mandates the nomination of 30% of women. However, its implementation has been ineffective as women still struggle to be elected, particularly under the open proportional system. To ensure at least 30% female representation, Indonesia needs to consider adopting a gender quota system like the reserved seat model, as applied in Rwanda, which allocates 30% of parliamentary seats for women, or in Uganda, where seats are specifically allocated for women in each district, thus increasing the chances for women to be elected.
The Role of the Regional Supervisory Board in Supervising the Notary Code of Ethics in Central Java Province Hartono, Vania Cahya; Sudarwanto, Albertus Sentot; Mulyanto, Mulyanto
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.48202

Abstract

This study aims to analyze the implementation of supervision by the Notary Supervisory Board (MPW) of Central Java Province regarding the implementation of the notary professional code of ethics, as well as the obstacles and solutions encountered. The research method used is normative legal research with a statute approach and a case approach. Legal sources include laws and regulations, notary codes of ethics, ministerial regulations, and secondary literature in the form of books, journals, and scientific articles. The results of the study indicate that normatively, the regulations regarding notary supervision are adequate as stipulated in Law No. 30 of 2004 in conjunction with Law No. 2 of 2014 concerning the Position of Notary, the Regulation of the Minister of Law and Human Rights, and the Notary Code of Ethics. However, in practice, obstacles are still found, such as budget limitations, low notary compliance with summons, weak deterrent effects of sanctions, and overlapping authority with the Notary Honorary Council. Nevertheless, the MPW continues to strive to carry out supervision through coaching, routine inspections, and recommendations for sanctions. For more effective oversight, data synchronization, improved coordination between levels of the assembly, stricter enforcement of sanctions, and strengthening of preventive functions through professional ethics education and outreach are required. Thus, the MPW is expected to maintain notary integrity while providing better legal protection for the public.
Plus Ultra: Juridical Analysis of Space Resources Utilization Mechanisms for Indonesia’s Future Regulation Hiawananta, Ozha Tiwa; Masyithoh, Novita Dewi; Ardila, Arina Hukmu
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.46274

Abstract

The current development of outer space has reached a new beginning, marked by many space company leveraging the opportunities of the space economy. Outer space itself is governed by a set of international treaties known as the Corpus Juris Spatialis. However, with the rapid advancement of space commercialization, the provisions of the Corpus Juris Spatialis are deemed unable to accommodate all existing phenomena. Therefore, many regulatory frameworks are currently being established to fill the gaps in the Corpus Juris Spatialis, one of which is domestic law. Along with advancements in space technology in spacefaring nations such as the United States and Japan alongs with non space firing nations such as Luxembourg, and the United Arab Emirates, domestic regulations have been enacted to permit private ownership of extracted space resources. On the other hand, Indonesia, as a non-spacefaring nation, currently lacks a legal framework for space commercialization related to the utilization of outer space resources in space mining activities. The objectives of this research are, first, to examine the international legal framework, national laws, and those created by international organizations related to the utilization of outer space governance. Second, this research will attempt to provide a new perspective on a comprehensive and responsible national regulatory framework for commercialization. This study used a normative juridical method with a comparative and conceptual approach to evaluate regulatory mechanisms, particularly the application of the "systematic and organized" model. By analyzing international space conventions, as well as domestic instruments. The research findings indicate that there are several conceptual differences regarding space resources among countries with space licensing regulations, each regulating space resources slightly different. Ultimately, this research proposes the establishment of a comprehensive national legal framework in the future to regulate licensing, ownership rights, liability, sanctions, and taxation mechanisms for the utilization of outer space resources. This framework aims to ensure legal certainty and align Indonesia's interests with the norms of international space law.
Criminal Legal Analysis on Conversion of Forest Areas Into Oil Palm Plantations: A Case Study in Belitung Regency Yuda, Darma; Sukrisno, Wijayono Hadi
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.47072

Abstract

This study aims to analyze the crime of converting forest areas into oil palm plantations in Belitung Regency. The focus of the study is directed at the identification of elements of criminal acts in the misuse of forest areas as well as the application of criminal law and forestry administration in the settlement of these cases. The research method used is normative juridical with a legislative approach and case studies. The results of the study show that the conversion of forest areas without permits violates the provisions of Law Number 41 of 1999 concerning Forestry and Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction. Elements of criminal acts include unlawful acts, environmental damage, and intentional elements. The application of criminal law has not been maximized due to weak supervision, lack of coordination between agencies, and lack of deterrent effect for perpetrators. Meanwhile, from the aspect of forestry administration, the control of permits and the restoration of forest areas are important steps in the effort to solve it. A more stringent legal approach and improved forest governance are needed to prevent the recurrence of similar violations in the future.
The Legal Effectiveness of Government’s Role in Managing Parking Revenue in Batam and Its Impact on Local Government Revenue Mahardihka, Delvin Shakira; Alhakim, Abdurrakhman; Situmeang, Ampuan
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.46960

Abstract

Parking is an activity regulated by the government as a source of local revenue to support infrastructure development. The management of parking revenue in Batam City refers to Law Number 28 of 2009 on Local Taxes and Levies and Local Regulation of Batam City Number 1 of 2024. The problem of this research is the effectiveness of the government's role in managing parking revenue in Batam City, especially in the aspects of facilities, community participation, and culture of legal compliance. This research aims to analyze the role of government in managing parking revenue in Batam City. The method used is empirical juridical research involving in-depth interviews with the Local Revenue Agency, Transportation Agency, as well as parking attendants in Batam City with statutory approach, conceptual approach and sociological approach. The results show that the government has a strategic role in ensuring that parking revenue is optimally distributed, both for the welfare of parking attendants and the development of city infrastructure. In addition to effective regulations, the main challenges in optimizing the parking system in Batam City lie in improving facilities, public participation, and strengthening the culture of compliance with parking regulations. Therefore, synergy between government policies, especially related to technology and public education, is needed to create a parking system that is more transparent, efficient, and contributes maximally to local revenue.
Legal Proof of Capital Market Manipulation in Indonesia: Case 34/Pid.Sus-TPK/2020/PN.Jkt.Pst Analysis Abilah, Rahma Christabel; Rasji, Rasji
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.48431

Abstract

The legal framework contained in Articles 90 to 93 of the Law Number 8 of 1995 on Capital Market affirms the prohibition of market manipulation practices. Nevertheless, the effectiveness of law enforcement is often hindered due to the complexities involved in proving market manipulation, which include the perpetrators' sophisticated modus operandi, limitations of legal instruments, and weaknesses in investigative mechanisms. The PT Asuransi Jiwasraya case, as adjudicated in Judgment in the Criminal Corruption Case No. 34/Pid.Sus-TPK/2020/PN.Jkt.Pst dated October 12 th, 2020, illustrates the evidentiary complexities of market manipulation, given that such offenses were committed by white-collar criminals in a structured manner, employing nominees so that transactions appeared administratively legitimate. This research adopts a normative juridical method, using a statutory approach and case study analysis to examine regulatory weaknesses and propose an applicable evidentiary model. The findings reveal that the absence of specific evidentiary rules, the weakness of tracing mechanisms for market manipulation, and the limited capacity of law enforcement authorities constitute major obstacles in addressing such cases in Indonesia. The study proposes an ideal evidentiary model grounded in judicial decision analysis and the strengthening of the role of law enforcement authorities. These findings underscore the urgency of reforming capital market regulations to ensure more effective enforcement against market manipulation and to restore public confidence.
Monopolistic Practices by Google LLC through the Implementation of the Google Play Billing System (Case Study of KPPU Decision Number 03/KPPU-I/2024) Azzahra, Dinda; Hutabarat, Sylvana Murni Deborah
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.48478

Abstract

Digital businesses are growing along with technological advancements. As one of the largest technology companies in the world, Google controls more than 90% of the digital application distribution market share. Google has implemented a coercive Google Play Billing System, thus triggering monopolistic practices in the digital market. This study aims to analyze the form of monopolistic practices of Google LLC through the Google Play Billing System and examine its impact on business competition, technological innovation, application developers, and consumers in the Indonesian digital ecosystem. The research method uses normative juridical with a case study approach of Case Decision No. 03/KPPU-I/2024 through an analysis of statutory regulations. The results show that the implementation of the Google Play Billing System fulfills the elements of monopolistic practices as stipulated in Article 17 of Law No. 5 of 1999 through dominant market control, control of payment system access, and restrictions on consumer and developer choices. The impacts of the Google Play Billing System policy include increased developer operational costs, obstacles to innovation in alternative payment technologies, dependence on the Google ecosystem, and reduced consumer choices.
The State Responsibility for Identity Errors in the Issuance of Land Ownership Certificates in Judicial Proceedings Kurniawan, Stanley; Rahayu, Mella Ismelina Farma
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.48551

Abstract

This study examines the state’s responsibility for identity errors in the issuance of land ownership certificates and their implications in judicial proof. The ideal framework of Indonesian land law, as stipulated in the 1960 Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997, promises legal certainty through land certificates as strong evidence of ownership. In practice, however, administrative identity errors such as incorrect names, boundaries, or measurement data often weaken the evidentiary value of certificates in court. Using a normative juridical method based on doctrinal analysis, regulations, and court decisions, this study finds that defective certificates may be annulled even when held by good-faith owners. This highlights a research gap: the lack of systematic analysis on the state’s responsibility for administrative errors in certificates. The study concludes that the state must be accountable through preventive responsibility (error prevention), curative responsibility (administrative correction and compensation), and repressive responsibility (provision of damages). The study recommends integrating land registration with civil registry data, improving identity verification mechanisms, and strengthening legal protection to ensure land certificates effectively function as instruments of legal certainty.

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