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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 485 Documents
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Effectiveness of Law Enforcement on Mining Crime Without Permission (PETI) in Wonosobo Budi Raharjo
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
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.v1i2.3327

Abstract

The background of this research is the rampant mining without permission (PETI) due to the mindset of society or mining entrepreneur who is not based on the exploitation of environmental awareness that will have lasting impact on the next generation. This journal aims to analyze the effectiveness of law enforcement on mining crime without permission in Wonosobo. The method used in the form of in-depth case studies, explores and elaborates on PETI mining case. While the documents studied are the Investigation Report of PETI crime suspection in Wonosobo. The analysis is concerned with the investigation of cases of PETI facts in violation of Article 158 of the Mining Act. The results of the research community was not aware of the law related to the licensing of mining, proved the existence of dredging sand in the suspect area, but the mining business is not licensed. The author suggests the socialization of law and public law for the voluntary movement of miners, so a realization that a legal substance in the Mining Act can be used as a means of protecting the public with government and environmental sustainability.Keywords: Effectiveness; Law Enforcement; Mining Crime Without Permission.
Effectiveness Of Act Number 23 Of 2004 Regarding Elimination Of Violence In Household (PKDRT) Against Psychological Violence In Semarang Moh. Abd Basith; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5673

Abstract

Every family dreams to build family harmony, happy and loved each other, but in fact many families are feeling uncomfortable, depressed and sad because of violence in the family, whether the violence is physical, psychological, sexual, or neglect.Purpose of the effectiveness of the implementation of Act Number 23 of 2004 on the Elimination of Domestic Violence against psychological violence in the city of Semarang, namely: to determine the effectiveness of the implementation of Act Number 23, 2004. The method used Soerjono Soekanto said that the effectiveness of the implementation of the law in a society is determined by several factors, namely (1) the rule of law, (2) law enforcement officials, (3) legal facilities, (4) community and (5) culture. The approach I use in this study is a sociological juridical legal approach, ie an approach by examining the secondary data first, followed by conducting research in the field of primary data. The results showed that effect implementation of Act Number 23 of 2004 in reducing psychological violence in the city, namely (1) the perceived inadequate (2) and ineffective. This is evident from the level of psychological domestic violence volatile and without a significant decrease. Suggestions authors hope that the government and relevant institutions more concerned about PKDRT and routinely provide information, education and prevention of domestic violence.Keywords: Effectiveness; Psychological Violence; Domestic. 
Criminal Policy and The Role of The Government in The Control of Commercial Sex Workers in The District of Kuningan Nanang Suhendar; Sri Kusriyah
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
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.v1i3.3349

Abstract

In Containment measures undertaken by the Local Government District of Kuningan to the presence of prostitutes is to use a penal policy that is with the issuance of Regulation No. 3 of 2015 on Public Order and Peace Society. These regulations are still too general and not specifically discuss countermeasures against prostitutes. Based on Regulation No. 3 of 2015, there are at least three agencies that have the authority and responsibility directly to the PSK reduction in Kuningan regency. All the three agencies including the Department of Social and Labor of Kuningan district. Kuningan regency and municipal Police District of Kuningan. The research is qualitative research in the form of descriptive analysis using sociological juridical approach. Prevention efforts refresif PSK only be done by way of a raid conducted by the municipal police and the Police of Kuningan. PSK is captured in the raid, was ordered to make a statement and then forced the release back. This is done because the Department of Social Welfare and Labor as the institution in charge to distribute PSK to rehab in palimanan not receive distribution PSK. This happens because of a rehabilitation center in palimanan quota is full and PSK for Kuningan district just 10 people. Related Bylaw PSK reduction should be set so that preventive efforts can be carried out preventive and repressive.Keywords: Criminal Policy; Commercial Sex Workers; Local Government.
Policy Formulation of Criminal Law against Narcotics Traffickers Based On Justice Value Ade Christian Manapa
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
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.v2i4.8385

Abstract

Act No. 35 of 2009 on Narcotics there are multiple interpretations and ambiguities article formulation, namely Article 112 of Law on Narcotics. Article resulted in the perpetrators of Narcotics (trafficker) will shelter as if he was a victim of crime or narcotics abusers.The problems are: 1) Are Policy Formulation of Criminal Law Against Narcotics Traffickers based on Act No. 35 of 2009 has fulfilled a Justice Value? 2) How does the Policy Formulation of Criminal Law Against Narcotics Traffickers in Criminal Justice in Indonesia? and 3) how the Policy Formulation of Upcoming Criminal Law Against The Perpetrators And Abusers Based on Justice Value?The method used is normative, the specification of the research is descriptive analytical data using secondary data sources, data collection methods using literature study, data presentation in the narrative, qualitative data analysis. The research problem in accordance with the above described problems he infused with three theories: 1) The theory of law enforcement, 2) Theory of legal certainty and 3) Theory of justice.Result: 1) Policy Formulation of Criminal Law Against Narcotics Traffickers Based On Act No. 35 of 2009 still indicates ambiguity and multiple interpretations. Between the formulation of article 112 and article 127 so that it can ensnare abusers of narcotics in Article 127.2) Policies application of criminal law against traffickers Narcotics in Criminal Justice in Indonesia is still problematic, where the dealer the crime of Narcotics can shelter as abusers of narcotics to avoid criminal sanctions are more severe. 3) Policy criminal law traffickers and abusers of narcotics in the future is the need to change the formulation of Article 112 Law on Narcotics, ie there must be firmness that met the elements "have", "save", "master" or "buy" is a chapter devoted to trafficker, importers, producer, and another narcotics crime qualification and not pointed to narcotic abuse itself.Keywords: Policy Formulation of Criminal Law; Narcotics Traffickers; Justice Value.
Abuse of Authority in Position and Redemption of Credit Fictitious Apparatus for Civil State (ASN) PD. Bank Perekreditan Rakyat (BPR) Sumber, Cirebon District Kustriyo Kustriyo; Aryani Witasari
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
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.v1i3.3396

Abstract

Lending procedures are stages that must be passed before anything was decided to disbursed credits. The purpose is to facilitate banks in assessing the feasibility of a loan application. Prospective borrowers other than credit include the applicant's name or the desired customer also lists the number of credits / loans and other types of credit, which in this case is the customer debtors State Civil Apparatus (ASN) which will apply for credit in PD. BPR Sumber Cirebon. ASN in filing the credit of course have to ensure a decree to PD. BPR Sumber and must go through the stages prescribed by the PD. BPR Sumber. However, employees of PD. BPR Sumber in this case Head of Credit and Marketing Division has abused his authority and unfreeze credit by means of fictitious proposed by ASN using fictitious data. Thus resulting in no small loss in PD. BPR Sumber and the act was qualified as a criminal offense Banking. Basic judges in the court verdict should be based on theory and research results related to each other to obtain the maximum results of research and balanced at the level of theory and practice. Since the purpose of the law itself to fairness, expediency and legal certainty.Keywords: Position; Authority; Fictitious Credit; BPR.
Implementation The Act Against The Material Law In Act No. 31 of 1999 jo Act No. 20 of 2001 Concerning of Corruption Linked With Constitutional Court's Decision No. 003 / PUU / IV / 2006 Danceu Danceu
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
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.v1i3.3409

Abstract

The problem in this research are: (1) How is the location of the nature of the unlawful material law in Act No. 31 of 1999 Jo Act No. 20 of 2001 on the Corruption linked with Constitutional Court Decision No. 003 / PUU / IV / 2006?; (2) What is the nature of policy implementation against the material law in Corruption Act after the decision of the Constitutional Court Number 003 / PUU / IV / 2006? Research methods is descriptive analytical by using sociological juridical approach. The results of the study author shows that the nature of the unlawful material in Act No. 31 of 1999 Jo Act No. 20 of 2001 on the Corruption linked with Constitutional Court Decision No. 003 / PUU / IV / 2006 of the nature of the unlawful material, used as means the eradication of corruption in the Act No. 31 1999 Jo Act No. 20 of 21 declared non-binding with legal certainty (in violation of Article 28 D Constitution 1845), implementation of a policy nature against the law material in Act of Corruption after the decision of the Constitutional Court Number 003 / PUU / IV / 2006 by the legislative arrangements do not exist anymore in the Law on Corruption Eradication.Keywords: Personality Against Material Law; Corruption; Constitutional Court Decision.
Criminal Responsibility on Captain of Commersial Vessel by Act No 17 of 2008 on Voyage Subekhan Subekhan; Lathifah Hanim
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
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.v3i1.8396

Abstract

The cruise is one of the nation's transportation system that has a strategic importance and as a liaison and outreach throughout the territory of Indonesia's sovereignty and the potential beneficial role for society, both nationally and internationally. The problems of this study are: 1) Why the skipper commercial vessels should be responsible in case of Vesselwreck, 2) How does the skipper criminal liability due to accidents aboard commercial vessels according to Act No. 17 Of 2008 On Voyage? 3) Is it possible corporate criminal liability in accidents merchant vessel according to Act No. 17 Of 2008 On Voyage?Researchers used the method is legal normative juridical approach and specification in this study were included descriptive analysis.  Sources and types of data in this research is secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of legal certainty and criminal liability.Based on the results of research that skipper as a leader on the Vessel, is fully responsible for the safety of the Vessel, passengers and cargo during the voyage from the port of loading to the port of destination. Criminal sanctions needed to enforce these responsibilities, and sanctions that have been regulated in Act No. 17 Of 2008 on Voyage Article 244 paragraph (3) and (4), 20 Article 247 and Article 248 shall be punished with imprisonment beyond three (3) years or a fine of Rp 400.000.000.00, - (four hundred million). Obliged to take countermeasures, ask or give aid and spread the news of the Vesselwreck to others. If an accident occurs on board the skipper must be above board and record events such accidents in the logbook and reported to the harbor master. There are still many weaknesses of criminal responsibility in the corporation, among others: when the corporation is declared as a criminal, how the corporation is responsible, the types of sanctions what can be meted out to the corporation, not regulated penal substitute fines are not paid by the corporation and unregulated the offense to corporation. Because implementation guidelines in the draft penal Code there is renewal in the subject field of the offense and criminal liability system.Keywords: Commercial Vessels; Skipper; Criminal Liability.
Determination Of The Suspect Of Decency Crime In Police Resort Kudus (Case Study in the PPA Police Kudus) Bonar Setyantono
Jurnal Daulat Hukum Vol 1, No 4 (2018): December 2018
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.v1i4.4009

Abstract

Act No. 17 of 2016 concerning Second Amendment Act No. 23 of 2002 on the Protection of Children into the law on protection of children. The Criminal Code decency criminal acts against children stipulated in the Criminal Code in Chapter XIV of Article 287, Article 289, Article 290, Article 292, Article 293, Article 294, Article 295 and Article 296 of the Criminal Code.  Sanction criminal acts of decency against Children in the Child Protection Act provided for in Article 81, 81A and 82, it is as chapter to ensnare AD bin SPT has committed the crime of DSH.Determination Mechanism Crime Suspect Actor of Decency, a complaint go to the police station, Disposition down unit further women's and children Women and Children Services Unit conducted an investigation. Investigations completed his case to determine whether the elements of a criminal offense are met, if the elements are met and the initial evidence, then the police can determine the suspect's Women and Children Unit subsequently conducted investigation against the suspect to complete the examination of the case file. Barriers or obstacles, namely victims and their families did not immediately report to the police, in providing materially incomplete, the loss of evidence and the suspect fled. Solutions to overcome obstacles or barriers that Police (Policewoman) conduct a personal approach to the victim with the intention of victims give full details, the investigators provide a special place to do the investigation, victims and their families can request legal considerations with the investigator, with the purpose of the case is not protracted and can be immediately handled.Take quick decisions to prevent criminals escaping decency.Keywords: Determination of the Suspect; Decency Criminal Acts and Children.
Perspektif Tindak Pidana Administrasi Terhadap Tindak Pidana Pertambangan Tanpa Ijin (Peti) Dalam Undang-Undang Nomor 4 Tahun 2009 Tentang Mineral Dan Batubara Arif Kristiawan; Sri Endah Wahyuningsih
Jurnal Daulat Hukum Vol 1, No 1 (2018)
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.v1i1.2623

Abstract

ABSTRAKLatar belakang penelitian ini ialah tingginya tindak pidana Pertambangan Tanpa Izin (PETI). Hal tersebut bisa saja terjadi sehubungan dengan diberlakukannya UU No. 23 Tahun 2014 tentang Pemerintah Daerah dan ancaman pidana dalam UU No. 4 Tahun 2009 tentang Mineral dan pertambangan. Menurut data yang didapat, dari tahun 1997 sampai 2016, dari 206 perusahaan yang terdaftar memiliki ijin penambangan hanya sekitar 70 perusahaan saja yang masih memiliki ijin aktif sampai 2017, sisanya memilih tidak memperpanjang ijin karena menganggap proses perijinan lebih sulit. Rumusan masalah di jurnal ini yaitu 1) bagaimana pengaturan penjelasan pertimbangan menurut UU No. 4 Tahun 2009 Tentang Pertambangan Minerba serta peraturan pelaksanaannya dihubungkan dengan Pertambangan Tanpa Izin (PETI); 2) mengapa setelah diberlakukannya UU No. 23 Tahun 2014 Tentang Pemda kasus tindak pidana Pertambangan Tanpa Ijin (PETI) di wilayah hukum Polres Rembang meningkat dari tahun ke tahun; dan 3) Solusi apa yang diperlukan untuk mengurangi penambangan tanpa izin (PETI) setelah diberlakukannya UU No. 23 Tahun 2014 tentang Pemerintahan Daerah. Jurnal ini bersifat deskriptif kualitatif dengan pendekatan Yuridis Sosiologis dan pengambilan data melalui wawancara. Jenis wawancara yang digunakan adalah bebas terpimpin. Teknik sampling yang digunakan dalam penelitian ini adalah Purposive Sampling. Hasil penelitian ini, pengaturan penjelasan pertimbangan menurut UU No. 4 Tahun 2009 Tentang Pertambangan Mineral dan Batubara serta peraturan pelaksanaannya dihubungkan dengan Pertambangan Tanpa Izin (PETI) berisi pokok pikiran dimana UU No. 4 Tahun 2009 bersifat hukum pidana administrasi dan UU No. 23 Tahun 2014 berwenang memberikan perizinan usaha pertambangan bercorak sentralistik terbukti dari pelimpahan wewenang dari pemerintah kabupaten atau kota ke pemerintah provinsi. Faktor penyebab kasus tindak pidana PETI yang meningkat dari tahun ke tahun yaitu dari aspek sosial & ekonomi, perizinan dan penegakan hukum. Solusi untuk mengurangi PETI setelah diberlakukannya UU No. 23 Tahun 2014 dengan mengakomodasi masyarakat penambang dalam konsensus perusahaan (organisasi) dalam skema legalKata Kunci: tindak pidana, pertambangan, perijinanABSTRACTThe background of this research is the high illegality of Mining Permit (PETI). This may happen in connection with the enactment of Law no. 23 of 2014 on Regional Government and criminal threat in Law no. 4 of 2009 on Minerals and Mining. According to data obtained from 1997 to 2016, out of 206 listed companies have mining permits, only about 70 companies still have active permits until 2017, the rest chose not to extend the permit because it considers the licensing process more difficult. The formulation of the problem in this journal is 1) how the arrangement of explanation of considerations according to Law no. 4 of 2009 on Mining Minerba and its implementation regulation is connected with Unlicensed Mining (PETI); 2) why after the enactment of Law no. 23 Year 2014 About Pemda case of illegal mining crime (PETI) in jurisdiction Rembang Police increased from year to year; and 3) What solutions are needed to reduce unauthorized mining (PETI) after the enactment of Law no. 23 of 2014 on Regional Government. This journal is descriptive qualitative with approach of Sociological Juridical and data retrieval through interview. The type of interview used is guided freely. Sampling technique used in this research is Purposive Sampling. The results of this study, setting an explanation of considerations according to Law no. 4 of 2009 on Mineral and Coal Mining as well as its implementation regulations related to Unlicensed Mining (PETI) contains the principal of the minds where Law no. 4 Year 2009 is a criminal law and administrative law. 23 of 2014 is authorized to grant licensing of a centralized mining business permit evident from the delegation of authority from the district or city government to the provincial government. Factors causing illegal PETI crime year by year, from social & economic aspect, licensing and law enforcement. Solutions to reduce PETI after the enactment of Law no. 23 of 2014 by accommodating miners' communities in the consensus of companies (organizations) in legal schemes.Keywords: criminal act, mining, licensing
Criminology Study Of Crime Of Fencing The Stolen Goods Supriyono Supriyono
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
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.v3i1.8407

Abstract

Criminal offense is regulated in Article 480 of the Criminal Code, Article 481 and 482 of the Criminal Code. Criminal detention is an act that is prohibited by law, because detention is obtained from crime. Criminology perspective plays an important role in studying fencing acts as a form of criminal action by looking at the elements inherent in criminal acts of detention. The formulation of the problem in this research is how Criminology review in the criminal act of holding stolen goods? In this study the authors used a normative juridical method with research specifications in the form of descriptive analysis. The data used for this research are primary and secondary data taken by field observation, interviews, and literature study. Based on the research, it can be concluded that the criminology point of view shows legal efforts for the crime in the form of composing legislation (criminalization process) in the form of legal products in the laws governing criminal offenses stipulated in Criminal Code Article 480-482, in the scope of criminology as criminal etiology in criminal offenses namely internal and external factors.Keywords: Criminology; Criminal Offense; Stolen Goods.

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