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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 43 Documents
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Search results for , issue "Vol 8, No 4 (2025): December 2025" : 43 Documents clear
The Dilemma of Restorative Justice as Impunity for Perpetrators of Sexual Violence Against Children Safira, Dewi; Kholiq, Abdul
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49044

Abstract

The increasing application of restorative justice in handling cases of child sexual violence in Indonesia has sparked controversy due to its potential to create impunity for perpetrators and neglect victims’ rights. This study aims to analyze the dilemma of restorative justice as a form of impunity in child sexual violence cases and to propose an ideal model that ensures the fulfillment of victims’ rights and the realization of substantive justice. The research employs a normative legal method using statutory and conceptual approaches. Primary and secondary legal materials are examined through qualitative analysis to identify inconsistencies between regulatory norms and practical implementation. The findings reveal that although restorative justice aims to restore victims and rehabilitate offenders, its misapplication especially when diversion is carried out without sufficient attention to the victim’s recovery may result in impunity and re-victimization. Furthermore, the lack of understanding among law enforcement officials, inadequate monitoring mechanisms, and social pressure contribute to ineffective victim protection. The study proposes a victim-centered restorative justice model that emphasizes comprehensive victim recovery, offender accountability, and active community participation supported by trained facilitators and strict supervision. The novelty of this research lies in offering a structured model for implementing restorative justice that balances victims’ and offenders’ rights, thereby ensuring substantive justice and preventing impunity in cases of child sexual violence.
The Exit Strategy Clause as an Application of the Proportionality Principle in Franchise Agreements Musyafa'ah, Nur Aini; Iskandar, Hardian
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.48879

Abstract

This study aims to analyze the application of the proportionality principle in formulating exit strategy clauses in franchise agreements and examine legal protections available to franchisees facing unilateral termination without proportional clauses. This study employs a normative legal approach examining legislation, academic literature, and franchise practices through conceptual, legislative, and case approaches. The novelty of this research lies in applying the proportionality principle specifically to exit strategy mechanisms, an aspect rarely explored in Indonesian franchise law literature, offering practical frameworks for balanced contract termination. The proportionality principle applies through three tests (suitability, necessity, and balancing). A proportional exit strategy clause must contain a clear termination mechanism with a cure period, fair compensation based on franchisee investment and contribution, and an adequate transition period for business cessation. Legal protection for franchisees includes preventive measures through notarial agreements and repressive measures through legal remedies based on the Civil Code, compensation claims, buyback mechanisms, protection during franchisor bankruptcy, and proportional non-competition clauses. This study emphasizes that applying proportionality principles in exit strategy clauses is crucial for ensuring balance between parties rights and obligations and preventing contractual power abuse.
The Urgency of Establishing Regulations on the Implementation of Automatic Features as a Mitigation Measure Against the Distribution of Feature Films on the TikTok Platform Azzahra, Esi Anindya; Taupiqqurrahman, Taupiqqurrahman
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.48786

Abstract

This study aims to analyze the urgency of establishing regulations that require digital platforms, particularly TikTok, to implement automatic features as a mitigation effort against the illegal distribution of feature films. The background of this research is based on the phenomenon of increasing copyright infringements in the digital space due to the ease of access, distribution, and replication of content through user-generated content-based social media. This condition indicates a normative gap in Indonesia’s legal system, which has not explicitly regulated the preventive responsibilities of electronic system providers concerning intellectual property rights violations. The main issues examined include the existing legal regulations in Indonesia regarding the obligation to provide copyright infringement detection features, as well as the juridical basis for the necessity of establishing specific regulations under the Ministry of Communication and Digital Affairs. This study employs a normative juridical method with a statute approach and a literature review of legislation and Constitutional Court decisions. The findings show that existing regulations, such as the Copyright Law and Ministerial Regulations, remain reactive and have not yet regulated preventive obligations or mitigation measures for digital platforms. In conclusion, the establishment of technical regulations through a Ministerial Regulation is a juridical necessity to strengthen legal certainty and the effectiveness of copyright protection in the digital sphere. This research recommends that national policy stipulate minimum technical standards for implementing automatic detection systems on digital platforms, particularly TikTok.
Compliance of Public Fuel Filling Stations (SPBU) with Fuel Pump Accuracy in Consumer Protection Efforts Akbar, Soultan Raffly; Sakti, Muthia
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49128

Abstract

The accuracy of fuel pumps at public fuel filling stations (SPBU) is an essential factor in ensuring fair transactions and consumer protection. This study aims to analyze the level of compliance of SPBUs with fuel pump accuracy standards and examine the role of the Ministry of Trade in monitoring potential measurement discrepancies. The research method used is a normative juridical approach supported by empirical data from several cases of measurement manipulation, such as the installation of printed circuit boards (PCBs) in Sukabumi, measurement reduction in Serdang Bedagai, and the use of remote control devices in Bogor. The study’s results show that gas station compliance remains partial. Formally, some gas stations have carried out calibration and recalibration. However, substantively, there are still practices of manipulation that violate Law Number 2 of 1981 concerning Legal Metrology and Law Number 8 of 1999 concerning Consumer Protection. The Ministry of Trade conducts supervision through calibration/recalibration, field inspections, and the enforcement of sanctions, supported by internal oversight from Pertamina, a state-owned enterprise. However, the effectiveness of supervision is still hampered by limited resources, the development of technical manipulation methods, and low legal awareness among business actors. This study emphasizes the need for intensive, multi-layered supervision, the digitization of metrology, and strict law enforcement to ensure accurate fuel measurements and optimal consumer protection.
Analysis of the Legal Liability of Bankrupt Developers as a Form of Fulfilling Consumer Rights in Apartment Unit Sale and Purchase Disputes (Case Study of Decision No. 4716 K/Pdt/2023) Pangestu, Kartika; Putra, Moody Rizky Syailendra
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49007

Abstract

The increasing demand for vertical housing amidst limited urban land has driven the rise of apartment developments with a pre-sale system, but this model often leads to default issues by developers. The case between PT Multi Karya Utama Abadi (MKUA) and Nina Herlina in the Bandung Technoplex Living (BTL) project shows that consumers have made full payments but have not received the handover of the unit, while the developer is experiencing financial difficulties, making it difficult to implement the legally binding decision. This study aims to analyze the judge's ratio decidendi in Decision Number 4716 K/Pdt/2023 based on Article 1239 of the Civil Code and examine the form of legal responsibility of developers through the Suspension of Debt Payment Obligations (PKPU) mechanism. The study uses normative legal methods with a statutory approach, a conceptual approach, and a case approach through an analysis of related decisions at the first, appeal, and cassation levels. The results show that the judge stated that the developer had broken his promise and was obliged to compensate for losses, but settlement could not be carried out partially because the default issue was related to the company's financial failure. Therefore, PKPU is a relevant mechanism to ensure the fulfillment of consumer rights through debt restructuring that involves all creditors proportionally, thus functioning as a dual instrument for business rescue and legal protection for consumers.
Analysis of Letter of Intent and Its Implications on Unilateral Termination in Lease Agreement (Case Study of Decision Number 575/Pdt.G/2022/PN Jkt.Sel.) Azahra, Nawalia; Marsal, Irsyaf
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49039

Abstract

This research aims to analyze the legal status of the Letter of Intent (LoI) within the Indonesian civil law system and its legal implications regarding unilateral termination in lease agreements. LoI is commonly understood as a preliminary document expressing initial intention and is generally considered non-binding. However, in practice, LoI may contain substantive clauses that create legal rights and obligations. This study employs a normative juridical method, utilizing statutory, conceptual, and case approaches, as seen in the South Jakarta District Court Decision No. 575/Pdt.G/2022/PN Jkt.Sel as the primary case study. The findings indicate that a LoI may possess binding legal force if it fulfills the essential elements of a valid contract under Article 1320 of the Indonesian Civil Code and has been partially or fully executed by the parties. The court decision establishes that unilateral termination of an LoI containing substantive obligations constitutes an unlawful act (onrechtmatige daad) under Article 1365 of the Civil Code because it violates the principles of pacta sunt servanda and good faith. Thus, the binding nature of an LoI is determined not by its label but by the substance and legal intent of the parties. This study contributes to the understanding that an LoI may function as a binding legal instrument and impose liability on parties who terminate it unilaterally without valid legal grounds.
Criminal Act of Attack on Honor Following the Constitutional Court Decision No. 105/PUU-XXII/2024: Human Rights Perspective Putri, Fadiza Amalia; Prawira, M. Rizki Yudha
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49048

Abstract

The criminal act of attack on honor under Article 27A of Law No.  1 of 2024, following Constitutional Court Decision Number 105/PUU-XXII/2024, reflects Indonesia’s ongoing effort to balance the protection of individual dignity with the constitutional guarantee of freedom of expression. This study aims to analyze the human rights implications of the Constitutional Court’s ruling, which clarifies the interpretation of the phrases “other person” and “a matter” in Article 27A. Employing a normative legal research method and a qualitative descriptive approach, the study examines statutory provisions and the Court’s reasoning through the principles of legality, necessity, and proportionality as articulated in international human rights standards. The findings indicate that the Court’s conditional interpretation—restricting “other person” to natural persons and defining “a matter” as “an act that demeans the honor or reputation of an individual”—constitutes a significant normative improvement toward legal certainty. However, law enforcement practice continues to reveal the potential for this article to be misused to silence criticism of public officials, generating a persistent tension between normative ideals and implementation realities. This research’s novelty lies in providing the first human rights–based analysis of Article 27A following the Constitutional Court’s ruling, offering a new framework for evaluating the proportionality of criminal restrictions on freedom of expression in Indonesia’s digital democratic era.
Criminal Liability for Hacking Personal Data through Ransomware Attacks on Digital Service Providers in Indonesia Simanjuntak, Shely Yesica; Waluyo, Bambang
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.48885

Abstract

Advances in information technology have driven massive digital transformation among Digital Service Providers (DSPs) in Indonesia, but this development has also increased the potential for increasingly complex cybercrime threats, particularly in the form of ransomware attacks. This normative legal study aims to examine the construction of criminal acts and criminal liability in cases of personal data hacking through ransomware attacks. The results of the study show that ransomware is a multi-layered criminal offense punishable under Law No. 1 of 2024 concerning the Second Amendment to the ITE Law (Articles 30, 32, and 27B) for illegal access, system destruction, and digital extortion, as well as Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) (Articles 67(2) and (3)) for the unlawful disclosure and use of personal data. The concept of criminal liability is expanded from the main perpetrator and accomplices under Article 20 of the 2023 Criminal Code to accomplices under Article 21 of the 2023 Criminal Code in transnational syndicates. In addition, PLDs acting as Personal Data Controllers may be subject to corporate criminal liability (Article 118 of the 2023 Criminal Code) and fines (Article 57 of the PDP Law) if they are proven to have been negligent in maintaining user data security, which facilitates attacks. Although there is existing jurisprudence in the Sleman District Court Decision No. 527/Pid.Sus/2020/PN Smn, law enforcement in Indonesia faces major challenges in the form of cross-border crimes, limitations in digital forensics, and the lack of strong international cooperation, which has made it difficult to achieve concrete criminal liability in many major cases such as BPJS Kesehatan and KPU.
The Validity of Notarial Authentic Deeds Prepared Through Service Bureaus in the Perspective of the Notary Code of Ethics Sumbayak, Marlyn Christ Nathasia Br; Rasji, Rasji
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.48902

Abstract

This study aims to analyze the validity of notarial authentic deeds prepared through cooperation with service bureaus and to examine violations of the Notary Code of Ethics within such practices. This collaborative phenomenon raises legal and ethical issues, as it potentially disregards the formal requirements for deed formation as stipulated in Article 15 and Article 16 paragraph (1)(m) of Law No. 2 of 2014 concerning the Office of the Notary (UUJN), as well as Article 1868 of the Indonesian Civil Code. This research employs a normative juridical method with statutory, conceptual, and case approaches, and examines practices in the Central Jakarta area as an illustration of the application of these norms. The findings indicate that deeds drafted through service bureaus lose their authenticity and possess only the evidentiary value of private deeds. From an ethical perspective, such cooperation violates Article 4(g) of the Notary Code of Ethics, which prohibits the use of intermediaries to obtain clients. 
Legal Protection for The Owner of Warung Makan Ibu Gambreng Trademark: A Study of Supreme Court Decision No. 988 K/Pdt.Sus-HKI/2024 Baransano, Jeremia; Tarina, Dwi Desi Yayi
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49161

Abstract

This study meticulously analyzes the legal protection afforded to the owner of the prior registered trademark “Warung Makan Ibu Gambreng,” focusing on the landmark Supreme Court Decision Number 988 K/Pdt.Sus-HKI/2024. The research holds two primary objectives: first, to thoroughly examine the consistency and efficacy of legal protection under the Indonesian Law No. 20 of 2016 concerning Marks and Geographical Indications, and second, to dissect the detailed legal considerations and judicial reasoning that led the Supreme Court, as the Judex Juris, to decisively cancel the competing mark, “Nasi Gambreng Bu Esti.” The research utilizes a Normative Legal Research methodology, primarily employing the Case Approach focused on the specific decision, the Statute Approach analyzing the relevant trademark law, and the Conceptual Approach to interpret key legal principles. Data collection relies exclusively on secondary sources, including primary legal materials (the Supreme Court Decision) and secondary legal materials (academic journals, books, and articles), all subjected to Qualitative Content Analysis for critical interpretation. The findings reveal a significant and correctable discrepancy between the Commercial Court, which initially rejected the lawsuit based on formalistic visual differences, and the Supreme Court. The MA decisively established the defendant to have acted in bad faith, thereby overriding the Judex Facti’s restrictive formal approach, as the foundation for cancellation was the Defendant's proven misappropriation of the Plaintiff's goodwill established through the prior franchise agreement. The novelty of this research lies in its specific analysis of this Supreme Court judgment, which sets a crucial precedent: the abuse of an established contractual business relationship, such as a franchise, is confirmed as compelling and decisive evidence of bad faith under Article 21 paragraph (3), thereby significantly reinforcing the prioritization of substantive justice and ethical business conduct in Indonesian trademark law.

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