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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 14 Documents
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Search results for , issue "Vol 9, No 1 (2026): March 2026" : 14 Documents clear
Procedural Deviations in Small-Scale Land Acquisition as Unlawful Acts in Corruption Offences Abdulajid, Syawal; Anshar, Anshar; Pelupessy, Ainurrafiqa
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.50951

Abstract

Small-scale land acquisition constitutes a legal mechanism designed to ensure flexibility and efficiency in the implementation of development projects serving the public interest. The procedural simplification inherent in this regime is intended to respond to urgent development needs that directly affect local communities. In practice, however, such simplification is frequently misconstrued as the elimination of normative legal requirements, thereby creating opportunities for procedural deviations that may result in state financial losses. This condition raises complex legal issues when administrative irregularities shift into the domain of corruption offences. This article examines how procedural deviations in small-scale land acquisition may be legally constructed as unlawful acts within the framework of corruption crimes. The research adopts a normative legal method, employing statutory and case approaches, grounded in findings from the analysis of small-scale land acquisition practices in public-interest development projects. The analysis focuses on the normative limits of procedural simplification, the concept of unlawfulness in both formal and material senses, and the construction of criminal liability based on mens rea and abuse of authority. The findings demonstrate that procedural deviations in small-scale land acquisition cannot automatically be classified as criminal acts. Nevertheless, where such deviations violate fundamental land acquisition norms, are accompanied by an abuse of authority, and result in state financial losses, they may fulfil the elements of unlawfulness in corruption offences, particularly as regulated under Articles 2 and 3 of the Indonesian Anti-Corruption Law. This article underscores the necessity of positioning criminal law as ultimum remedium to prevent the criminalisation of public policy, while simultaneously reinforcing its preventive function in safeguarding the integrity and accountability of the land acquisition system for public development.
Legal Protection for Workers Experiencing Inter-Legal Entity Transfers within Corporate Groups in Indonesia Wedhasari, Ratih; Budiartha, I Nyoman Putu; Styawati, Ni Komang Arini
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.50248

Abstract

The development of corporate groups in Indonesia has led to increasingly complex employment relations, particularly regarding the practice of transferring workers between legally distinct entities within the same corporate group. Although such transfers are economically justified by integrated business operations and centralized management, Indonesian labor law has not explicitly regulated inter–legal entity transfers. Existing regulations under the Manpower Law and the Job Creation Law primarily recognize transfers within a single legal entity as a managerial prerogative, leaving a normative gap that creates legal uncertainty and potential violations of workers’ rights. This condition is reflected in judicial practice, notably in Industrial Relations Court Decision No. 10/Pdt.Sus-PHI/2021/PN Tjk, which emphasizes formal legality while offering limited substantive protection to workers. This research employs a normative juridical method with a statutory, conceptual, and case approach. Primary legal materials include labor and corporate legislation, judicial decisions, and collective labor agreements, while secondary materials consist of legal doctrines and scholarly works. Legal materials are analyzed qualitatively through systematic interpretation to assess the adequacy of existing regulations and judicial reasoning. The findings reveal that the absence of explicit legal norms governing inter–legal entity transfers within corporate groups has resulted in inconsistent practices and weakened worker protection. Transfers are often treated as managerial policies without sufficient assessment of good faith, proportionality, or the continuity of workers’ rights. The study argues that legal protection for transferred workers should be constructed on a balanced integration of justice, legal certainty, and utility. It further proposes a dual protection model: preventive protection through explicit statutory regulation and strengthened cross-entity collective labor agreements, and repressive protection through progressive judicial interpretation and effective dispute resolution mechanisms. This study concludes that recognizing corporate groups as single economic units with labor law relevance is essential to ensure substantive justice, protect workers’ rights, and promote sustainable industrial relations in Indonesia.
Convergence and Divergence: Strategies for Proving Digital Evidence in Common Law and Indonesian Law Systems Hardyansah, Rommy; Saputra, Rio
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51432

Abstract

This literature study conducts a normative comparative analysis of digital evidence adduction strategies in Indonesian civil law and United States common law systems. The research examines the legal construction of authentication, integrity assessment, and the strategic challenges and opportunities in utilizing various digital evidence types, such as chats, emails, CCTV footage, blockchain data, and metadata. Using a qualitative library research method with content and comparative analysis, the study finds that Indonesia's approach is codification-based, placing the judge as an active seeker of material truth who evaluates digital evidence against formal and material requirements stipulated in the Electronic Information and Transactions Law and its implementing regulations. In contrast, the U.S. common law system employs a rigorous adversarial strategy, where digital evidence is tested through extensive discovery and cross-examination, with the judge acting as a procedural gatekeeper under the Federal Rules of Evidence. The core difference lies in the locus of substantive evaluation: Indonesian judges assess probative value directly, while common law juries do so after judicial admissibility screening. The study concludes that both systems are converging on the necessity of technical expertise but recommends that Indonesia enhance judicial digital literacy and consider limited e-discovery mechanisms to strengthen its evidentiary framework.
Criminal Accountability of Love Scamming Perpetrators in Fictitious Investment Schemes Through Online Dating Applications Novita, Zahra Ersyah; Yuli Wahyuningsih, Yuliana
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51334

Abstract

Information technology has made social activities easier, such as finding a partner through online dating apps. However, this convenience has also allowed new types of crimes to emerge, one of which is fraud using fake investments. The purpose of this study is to examine various forms of criminal liability for love scam perpetrators and the legal protections provided to victims in Indonesia. Normative legal research using regulatory methodology and case studies of relevant court decisions was used. The results indicate that individuals who commit love scams can be held criminally liable because their actions are characterized by fraud and electronic transmission. Furthermore, law enforcement for this crime faces challenges, particularly in terms of providing evidence and identifying perpetrators. To raise public awareness of similar crimes in the future, this study finds that law enforcement must be more effective by improving regulations and digital literacy.
The Implementation of Restitution for Victims of Sexual Assault Against Children in Palangka Raya City Sitholabi, Sitholabi; Heriamariaty, Heriamariaty; Setyobowo Sangalang, Rizki; Theresia, Louise
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51483

Abstract

The case of sexual intercourse against children is a serious crime that causes physical, psychological, and social impacts on the victim, so that the fulfillment of the right to restitution is a crucial element in legal protection for children, because it plays a role in the victim's recovery effort to return their condition as close as possible to the state before the crime occurred. This study aims to analyze the implementation of restitution for child victims of sexual intercourse in the jurisdiction of the Palangka Raya District Attorney's Office and examine the role and efforts of prosecutors in optimizing the implementation of restitution, including the factors that hinder it. The research method used is empirical legal research with a sociological juridical approach, which is carried out through a literature study of laws and court decisions, as well as interviews with relevant law enforcement officials, then analyzed qualitatively. The results of the study indicate that although restitution has been regulated normatively in various laws and regulations, its implementation has not been optimal due to the limited economic capacity of the perpetrator, the low understanding of victims and their families regarding the right to restitution, and the less than optimal coordination between prosecutors, law enforcement officials, and the Witness and Victim Protection Agency. This study concludes that optimizing restitution requires strengthening regulations, institutional readiness, and strong synergy between prosecutors, investigators, judges, and the LPSK so that protection can be realized effectively.
Environmental Legal Politics in Determining State Policies on Environmental Protection Instruments Asriani, Asriani; Laitupa, Salma; Amalia, Rezki; Kartika, Eka Dewi
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51289

Abstract

This study aims to analyze the influence of legal politics on the effectiveness of environmental protection instruments in Indonesia. The research focuses on how the orientation of legal politics determines the formulation, implementation, and enforcement of environmental regulations, particularly in the context of environmental licensing, supervision, and environmental economic instruments. This study employs a normative legal research method using statutory, conceptual, and policy approaches. Legal materials were obtained through library research, including legislation, scientific literature, and research findings related to environmental law and legal politics. The results of the study indicate that, normatively, Indonesia has established a relatively comprehensive regulatory framework for environmental protection. However, the effectiveness of the implementation of environmental protection instruments is still influenced by the orientation of legal politics, which tends to prioritize economic development and investment interests. This condition has led to the weakening of environmental protection instruments, which in practice are often reduced to mere administrative formalities. The novelty of this study lies in its systematic and integrative analysis of the relationship between the direction of legal politics and the effectiveness of environmental protection instruments. This study concludes that the effectiveness of environmental protection does not solely depend on the completeness of regulations but also on the consistency of legal politics in positioning sustainability principles as a priority in state policy.
Comparative Analysis of Backdoor Listing Regulations in Indonesia and Singapore: Implications for Investor Protection Sagita, Nabila; Satino, Satino
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51686

Abstract

The development of backdoor listing practices as an alternative to share listings has created new dynamics in capital market law, particularly regarding investor protection. In Indonesia, transactions that substantially resemble backdoor listings are not regulated by a special regime but are instead subject to general takeover and information disclosure provisions. In contrast, Singapore classifies similar transactions as reverse takeovers (RTOs) or very substantial acquisitions (VSAs), with approval and disclosure mechanisms equivalent to initial public offerings (IPOs). The research problem is to examine the differences in backdoor listing regulations and how these differences impact investor protection, particularly minority investors. This study aims to analyze the comparative regulations between Indonesia and Singapore and assess their legal implications for the effectiveness of investor protection. The method used is normative legal research with a comparative approach, aiming to compare backdoor listing regulations in Indonesia and Singapore. The results show that the Indonesian model is reactive and administrative, resulting in repressive investor protection. In contrast, Singapore's approach is preventative through pre-transaction approval and comprehensive disclosure, which strengthens ex ante protection. It concludes that strengthening the disclosure regime and preventive approval is necessary to enhance investor protection in backdoor listing practices in Indonesia.
Reformulation of Political Party Support Requirements for Presidential Candidacy in Realizing an Aristocratic State in Indonesia Supriana, Nana; Heniarti, Dini Dewi
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.50523

Abstract

This research aims to analyze the urgency of reformulating political party support requirements for presidential candidacy to mitigate oligarchic dominance in Indonesia while realizing a modern aristocratic state. The study employs a normative juridical approach integrated with a socio-legal approach, utilizing a descriptive-analytical research specification. Secondary data, including the 1945 Constitution, Law No. 7 of 2017, and recent Constitutional Court decisions, were analyzed qualitatively through document studies and international institutional comparisons. The findings indicate that the current quantitative presidential threshold has fostered political cartelization and restricted the emergence of competent alternative leaders by prioritizing financial capital over statesmanship. As a primary conclusion, this study offers novelty by proposing the Merit-Based Party Endorsement System (MBPES) as an alternative institutional design. This model reinterprets the concept of modern aristocracy not as hereditary rule, but as governance by individuals possessing superior moral and intellectual virtues. The research's novelty lies in shifting the nomination criteria from mere parliamentary seat counts to qualitative indicators, including internal party meritocracy, deliberative public scrutiny, and an independent epistemic filter. This reformulation is vital to fill the normative vacuum following Constitutional Court Decision No. 62/PUU-XXII/2024, ensuring that presidential candidates are selected based on objective ethical integrity and leadership capacity. Ultimately, this approach is expected to restore constitutional dignity and align the electoral process with the principles of substantive Pancasila democracy in Indonesia.
Double Certificates as Land Administration Defects: Parameters for Cancellation According to Government Regulation 18/2021 and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21/2020 and Their Legal Consequences Atikasari, Sarah; Suhadi, Suhadi
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51337

Abstract

This article discusses double/overlapping certificates as land administration defects and examines the parameters for their cancellation according to Government Regulation 18/2021 and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21/2020, while also testing how these parameters actually work in practice and court decisions. The objectives of this study are (1) to systematize the normative parameters for the cancellation of duplicate certificates as a "gateway, requirements, and safeguards" for administrative authority, (2) to formulate applicable parameters in the form of indicators of proof used in ATR/BPN practice and litigation forums (PTUN/civil) to determine which certificates should be canceled, and (3) to analyze the legal consequences of cancellation on the status of rights, the control of registration data, and the protection of third parties. This study uses a normative (doctrinal) legal method with a legislative, case, and conceptual approach; primary legal materials include Government Regulation 18/2021, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21/2020, as well as chamber/SEMA formulations and relevant decisions; secondary materials are in the form of books and journal articles. The analysis was conducted qualitatively and normatively through the classification of legal materials, interpretation and construction of norms to develop normative parameters, reading of decisions/formulations to develop a checklist of applicable indicators (physical control, good faith, history of rights, procedural compliance, and forum selection), and drawing deductive conclusions. The results of the study show that normative parameters provide a framework for administrative correction, but in their application they shift to become operational parameters that determine the evidence and direction of the settlement forum, especially when there is a transfer of rights, a third party acting in good faith, or a burden of encumbrance. The novelty of this research lies in the systematic mapping and linking of two layers of parameters (normative-applicative) as operational measures for the cancellation of double certificates and their legal consequences in order to be more consistent and predictive.
Protection of Consumer Rights of Pertamax Users Against Fuel Adulting Practices (2018 – 2023) Pradiani, Canisya; Satino, Satino
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51451

Abstract

Consumer protection under Indonesian law aims to guarantee the right to security, safety, comfort, and accurate information, as specified in Law Number 8 of 1999 concerning Consumer Protection. Allegations of adulteration of Pertamax by PT Pertamina Patra Niaga and related parties have resulted in losses for consumers and have reduced public confidence in the quality of national fuel. This research uses a qualitative normative legal approach by analyzing legislation, legal doctrine, and expert opinions regarding consumer rights and business actors' obligations. Supporting data from consumer complaint reports compiled by LBH Jakarta and CELIOS is used to a limited extent to strengthen the context of the problem. The results indicate that although the legal framework normatively regulates consumer rights protection, in practice there are still weaknesses in the supervision and fulfillment of business actors' responsibilities, particularly in the energy sector.

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