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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 514 Documents
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Investigation Action Against Children Who Are Circulating Pharmaceuticals Stocks That Does Not Have Permission In Jurisdictions Police Resort (Polres) Kudus Indra Narotama; Lathifah Hanim
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 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.v2i1.4205

Abstract

This research to know the legal basis for investigation of cases of children who distribute pharmaceutical preparation which does not have a marketing authorization, the implementation of the investigation on the case of children who distribute pharmaceutical preparation which does not have a marketing authorization in the territory of the police station of the Kudus, barriers and solutions in the implementation of the investigation on the case of children who circulate preparations pharmacy that does not have a marketing authorization in the territory of the Kudus Police.The method used is empirical juridical methods. Specifications research used the descriptive analysis. Data was collected by interviewing the parties involved in research, direct observation and recording of documents.The results showed that the basic legal basis for investigation of trafficking cases and abuse of pharmaceutical preparations without a marketing authorization is Act No.36 of 2009 on Health, which sentencing criminal offense trafficking and abuse of pharmaceutical preparations without a marketing authorization provided for in Article 197, it refers to the the provisions of Article 106 paragraph (1) in the form of pharmaceutical preparations and medical devices can only be released after obtaining marketing authorization. The process of investigation of the case of children who distribute pharmaceuticals do not have a marketing authorization in the territory of the Kudus Police have been done by the procedural law in Indonesia, namely the Criminal Code, it is proved to have been implemented procedures Investigators action in the process of investigation. The process of investigation is also under the provisions of Article 189Undang Act No. 36 of 2009 on Health and Act No. 3 of 1997 on Juvenile Court and the provisions of Article 82 of Act No. 23 of 2002 on Child Protection. Barriers faced by investigators Kudus Police in carrying out investigation on the case of children who distribute pharmaceuticals do not have a marketing authorization in the jurisdiction of the Kudus Police is limited both the quantity and quality of human resources of law enforcement officers who understand the case for children, operating costs, low awareness of the witness in attending the examination process, the lack of legal awareness of the society and time specified in the investigation of cases children are very little, while filing must be submitted as soon as possible.Keywords: Investigation; Children; Pharmacy Circulation Without Permission.
Dampak Penambangan Pasir Besi Di Desa Bandungharjo, Banyumanis Dan Ujungwatu Kabupaten Jepara Menurut UU No. 32 Tahun 2009 Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup Suroto Suroto; Gunarto Gunarto
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.v1i1.2644

Abstract

ABSTRAKKebijakan penambangan pasir besi merupakan sebuah kebijakan yang menuai konflik. Ada perbedaan kepentingan antara pemerintah dengan masyarakat. Seperti yang terjadi di Desa Bandungharjo Kabupaten Jepara. Pemerintah mewacanakan sebuah kebijakan yang menuai konflik, yaitu pembangunan area transmigrasi Ring I di lahan pesisir, tepatnya di Pesisir Desa Bandungharjo Kecamatan Donorojo. masyarakat yang menolak kebijakan kemudian membentuk sebuah kelompok, yaitu Paguyupan Petani Lahan Pantai (PPLP). Pemerintah telah mencoba untuk melakukan pendekatan dengan kelompok ini. Selain melakukan pendekatan kepada kelompok yang kontra, pemerintah juga melakukan pendekatan pada kelompok yang pro. Penelitian ini menggunakan jenis kualitatif dengan metode studi kasus. Pengumpulan data dilakukan dengan wawancara serta observasi non-partisipan untuk data primer dan melalui pelacakan dokumen atau literatur pendukung untuk mendapatkan data sekunder. Kedua data ini digunakan untuk saling meng-cross cheek agar hasilnya lebih valid. Penelitian ini menemukan bahwa konflik kebijakan penambangan pasir besi terjadi karena adanya perbedaan persepsi antara pemerintah dengan masyarakat atas pengelolaan tanah. pemerintah berusaha untuk memaksa masyarakat, sementara masyarakat berusaha untuk melawan pemerintah. Keadaan terebut menimbulkan konflik vertikal, antara pemerintah dengan masyarakat. Dalam perkembangannya, dinamika konflik terjadi ketika pemerintah berusaha untuk menyelesaikan konflik tersebut. Pemerintah tidak menggunakan cara yang demokratis melainkan tindak kekerasan baik fisik atau pun non fisik dilakukan pemerintah untuk meredam suara masyarakat yang kontra terhadap kebijakan. Dalam melakukan teror dan intimidasi, pemerintah juga melibatkan aktor lain seperti birokrasi maupun investor. Sementara itu, untuk kelompok yang pro, pemerintah melakukan pendekatan dengan memberikan informasi maupun sosialisai. Implikasi yang timbul kemudian adalah muncul konflik yang lebih luas, yaitu konflik antara masyarakat yang pro dan yang kontra terhadap kebijakan.Keyword:    Pertambangan pasir, konflik sosial, dampak kebijakan, UU No. 32 Tahun 2009.ABSTRACTThe iron sand mining policy is a conflicting policy. There is a difference of interest between government and society. As happened in the Bandungharjo Village of Jepara Regency. The Government discourses a policy that reap the conflict, namely the development of transmigration area Ring I in coastal areas, precisely in the Coastal of Bandungharjo Village in Donorojo District. People who rejected the policy then formed a group, namely Paguyupan Petani Lahan Pantai (PPLP). The government has tried to approach this group. In addition to approaching the counter-group, the government also approaches pro-groups.This is qualitative research with case study method. Data collection was done by interviewing and non-participant observation for primary data and by tracking documents or supporting literature to obtain secondary data. Both of these data are used to cross-check each other to make the result more valid.This study finds that iron sand mining policy conflict occurs because of differences in perception between government and society over land management. The government try to force the people, while the public try to fight the government. This state of affairs leads to vertical conflict, between government and society. In its development, conflict dynamics occurs when the government seeks to resolve the conflict. The government does not use democratic way to solve the problems, but acts of violence, whether physical or non-physical, is carried out by the government to decrease the voice of the people who are against the policy. In conducting terror and intimidation, the government also involves other actors such as bureaucracy as well as investors. Meanwhile, for pro groups, the government approaches by providing information and socialization. The subsequent implication is that there is a wider conflict, the conflict between the pro and the counter to the policy.Keyword:    Sand mining, social conflict, policy impact.
Fulfillment Of Restitution Rights In The Level Of Investigation In The Semarang Big City Resort Police In Beating Criminal Case Aris Sophian; Umar Ma'ruf; Aryani Witasari
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 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.v3i2.10095

Abstract

The purpose of this study was to determine and analyze the granting of restitution rights in the handling of beatings, the implementation of restitution rights in the handling of beatings in the Semarang Big City Resort Police Department, as well as the obstacles faced and solutions in granting restitution rights in the handling of beatings in the Semarang Big City Resort Police.This study uses empirical juridical research methods, with descriptive analytical research specifications, the data used in this study are secondary data, obtained through literature studies and primary data obtained through field research which are then analyzed qualitatively using the theory of legal certainty, theory of law enforcement .The results of this study are: (1). The implementation of restitution rights at the level of investigation in the handling of beatings in the Semarang Big City Resort Police Department. Efforts to grant restitution rights at the investigation level should investigators choose and sort out which cases can be given restitution rights at the investigation level so that victims of criminal offenses receive compensation accordingly with what has been suffered by the victims of the crime and the case can be completed in the level of investigation with peace between the victim and the suspect. (2). Obstacles and solutions in granting restitution rights in the handling of beatings at the level of investigation in the Semarang Big City Resort Police Department,Keywords: Restitution Rights; Beating Crime; Semarang Big City Resort Police.
Analysis Juridical Public Participation Formation of Regional Regulation No. 3 of 2017 on The Implementation of The Business Entertainment In Wonosobo Regency Amin Syarifudin; Rakhmat Bowo Suharto
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 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.v2i1.4268

Abstract

To set the order and comfort in the Wonosobo regency and Goverment Wonosobo regency make Region Regulation No. 3 of 2017 on the Implementation of Enterprise Entertainment in Wonosobo. This is associated with the rise of karaoke business premises in Wonosobo. But after the regulation passes reap a lot of conflict in the community. This makes the writer interested in making. Juridical Analysis of Public Participation in Formation of Regional Regulation Number. 3 of 2017 on the Implementation of Enterprise Entertainment in Wonosobo,Method of approach used in this study is a sociological juridical methods, using the principles and legal principles in reviewing, view, and analyze problems.According to Act No. 12 of 2011 Establishment Regulation Legislation. Article 96 "The public has the right to give feedback in oral and / or written in question can be done through public hearings, working visits, socialization and / or, seminars, workshops and / or discussion.In the establishment of the Regional Regulation No. 3 Of 2017 on the Implementation of Enterprise Entertainment in Wonosobo regency public participation, not maximum.Constraints in the face is the lack of public interest in participating, goverment is valued less the aspirations of the people should be overcome by it, provide an understanding of the importance of public participation in Formation of Regional Regulation 3 Of 2017 about the entertainment business in Wonosobo, maximizing the dissemination of the regulations and the third accommodate all the aspirations of the peopleKeywords: Public Participation; Local Regulation; Entertainment.
Law Enforcement Against Liquor Distribution by Police in The District of Demak Misbakhul Munir; Sri Endah Wahyuningsih
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.v1i2.3278

Abstract

Issues examined in this study were (1) Implementation of law enforcement against liquor by the Police Demak. (2) Obstacles encountered. (3) How the solutions do about it. The purpose of this study was to understand, describe, analyze and assess the implementation of enforcement by the Police in combating liquor Demak. The method used is Juridical Sociological with specification of descriptive analysis, the data used are primary data and secondary data so that the data collection method used is qualitative analysis. (1). Implementation of Law Enforcement by Police in combating liquor Demak carried out by (a) Preventive measures, namely the dissemination and raids (b) repressive actions, namely investigation, investigation, prosecution and trial. (2). Barriers Police Demak in law enforcement in combating the circulation of liquor (a) factor is the law that is not yet the enactment of a special law regulating the circulation of liquor (b) Factors law enforcement, namely the limited human resources (c) Factors of facilities (d) community factors, namely the lack of legal awareness (e) Cultural factors of society violates the cultural values of society. (3) Efforts by the Police Demak to overcome the obstacles in the fight against the circulation of liquor (a) Factors law (b) Improve the quality of Human Resources (c) Adding equipment and funds (d) Conducting socialization (e) To promote cooperation between agencies Related in Demak district.Keywords: Law Enforcement, Police, Liquors.
Money Politics In The Electoral Law And The Law Of Election Yudhi Atmaja; Ira Alia Maerani
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 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.v2i2.5546

Abstract

This study aims to identify and analyze the rampant money politics in society. In the process of grassroots democracy, the practice of money politics thrives. Since it is considered a fairness, the public no longer sensitive to the dangers. They let him, because they do not feel that money politics normatively should be shunned. Everything went to the fair. Although clearly the case of money politics, and it was recognized by the community, but there was no protest. People consider money politics as something normal for economic reasons and partly because of their ignorance.This is due to factors Regulatory, there is no provision of law which limits Election Supervisory Agency (Bawaslu) in maximizing its role, Bawaslu not authorized to call forced the clarification process, and their obligation to prepare a minimum of two (2) evidence in forwarding recommendation, The intensity of inter-agency presence is still weak short handling time violation. Besides, some people regard it as something normal. The public will know the actual allegations of money politics and in general do not want to report because of the difficulty of proving.Keywords : Money Politics; Law; Election Supervisory Agency (Bawaslu).
Consideration of Semarang District Court Judge's Decision in Case Dropped Because The Crime of Defense of Emergency Zulfikar Hanafi Bahri
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.v1i2.3322

Abstract

This study aims to determine the basic consideration of the judge and the factors that influence their consideration of the judge in the verdict against perpetrators of criminal acts because of a defense emergency, given the motivation offenders who commit criminal acts solely for self-defense, and the factors that influence consideration of the judge in the verdict against the accused, so it took the foresight of the judges who handle it and the basis and reasoning of judges itself in implementing its decision. In completing this study, the authors use a step to find data and collect data either through the study of literature and other data sources and to analyze the subject and object data obtained through empirical juridical approach, while sampling was conducted through interviews with directional type. Based on research by the author in the location, it can be authors conclude that consideration of the judge in the verdict against perpetrators of criminal because of a defense emergency in addition based on the provisions of the Act, namely Article 49 of the Code of Criminal Law, taking into account factors about the motives of the accused in criminal offense must be solely for self-defense, so that when the verdict, can be justified by fair in accordance with the legislation and of course also the aspect of sociological and psychological defendant, to obtain a ruling that can be justified legally, morally, and religion by the judge.Keywords: Consideration; Justice; Defense; Emergency.
Duties And Functions Within Parliament To Improve The Welfare Of The People As Autonomy Realization In District Of Blora Yusuf Abdurrohman
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.v2i3.5661

Abstract

The problem of this research is duties and functions of Parliament in improving the welfare of the people as the embodiment of Autonomy, implementation duties and functions of Parliament in improving the welfare of the people as the embodiment of the Autonomy Region in Blora and constraints and solutions in implementing duties and functions of Parliament in improving the welfare of the people as the embodiment of the Autonomy Region in Blora. The approach used in this study is a sociological juridical approach. Type in this research is descriptive analysis, research that seeks to describe and analyze a phenomenon, events, events that occurred while now.Based on the results of this study are legislative Council Blora Regency is an institution intended to carry out environmental management throughout Blora through attribution has been set in legislation. In the execution of its duties and functions, the People's Council of Blora Regency is in conformity with the rules, but still impressed normative. This is caused by the authority granted unlike in the New Order era. Parliament is currently executing government area parallel to the head area. In practice the more dominant regional head for government affairs and regional autonomy. In the execution of duties, powers, and functions of DPRD Blora there are several constraints such initiatives are largely derived from the executive regulations, a lack of understanding of the problems of the region, the lack of clear criteria for oversight of the executive. The solution is DPRD Blora must improve human resources-related issues of legal drafting, budget, and control of the area, especially the chosen area (electoral district) council members concerned.Keywords: Duties and Functions; Parliament; Local Autonomy.
Investigation Process in Criminal Suspection Children on Theft by Weighting in SatReskrim Polrestabes Semarang Adimas Dirgantara
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.v1i3.3344

Abstract

The problem in this research are: the investigation process child suspects in criminal offenses of theft by weighting on Sat Reskrim Polrestabes Semarang, factors inhibiting the investigation of criminal theft by weighting with child actors in Semarang and Sat Reskrim Polrestabes solutions to obstacles investigation of criminal offenses of theft by weighting with child actors in Sat Reskrim Polrestabes Semarang. The methodology used by researchers is juridical empirical approach. While sources and types of data in this study are primary data obtained from field studies with interviews with investigators on Sat Reskrim Polrestabes Semarang. And secondary data obtained from the study of literature. Based on the results of studies that (1) the investigation process child suspects in criminal offenses of theft by weighting, while the act of investigation are as follows: Receiving Reports, Take First Action, arrest and detention, confiscation, examination of the suspect and witness, Termination of Investigation, completion of the investigation. (2) obstacles encountered by investigators in investigating the crime of theft by weighting with the perpetrator of children in Polrestabes Semarang certainly be affected by several factors that can facilitate or complicate and greatly affect the performance of members of the investigator to conduct an investigation (3) obstacles that arise in investigation in this case Polrestabes Semarang making efforts to overcome these barriers. Keywords: Investigation Process; The Child Actors; Crime; Theft By Weighting.
Analysis of State Court Of Batang Decision Number: 4 / Pid.Sus / 2018 / Pn Btg on Felony Obscenity Crime Based On Islamic Criminal Law Bagus Langgeng Prasetiyo; Gunarto Gunarto; Munsharif Abdul Chalim
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.v2i4.8352

Abstract

In the case of sexual crimes where the child victim, the victim could be the driving factors behind crime. For example, we say today is increasingly widespread promiscuity, children have been left free in terms of promiscuity and lack of supervision of their parents, the They were released along with others, go anywhere. So, with their innocence, they could be trapped in one association and exploited by the parties or adults who are not responsible. In such circumstances, the public, law enforcement officers and even a State shall be estimated on the protection and supervision of children, especially where children as crime victims of sexual crimes indeed very concerned and could undermine future portion of the prospective successor to the nation.Therefore, the authors are interested in writing this thesis titled "Analysis of State Court of Batang Decision No. 4 / Pid.Sus / 2018 / PN Btg About felony obscenity According to Islamic Criminal Law".In this study the authors use this type of research descriptive with normative juridical approach. Data were collected by literature study, observation and interviews. Methods of qualitative analysis.At the end of the study authors conclude that the author found consideration of the judge in the imposition of a criminal judgment against the defendant in Decision No. 4 / Pid.Sus / 2018 / PN.Btg compliance, that have noticed the elements of the criminal case, after seeing the Islamic law according to the author was still lacking and not worth the Hadd punishment. So the result rather than the judge's decision according to the author can not be unfair to the accused and the victim.Keywords: Juridical Studies; Felony Obscenity Crime; Islamic Criminal Law

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