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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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Legal Crime Investigation Cases of Oil And Gas Transportation (BBM) in Polres Purworejo Khusen Martono; Gunarto Gunarto
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.v1i3.3382

Abstract

The development of motor vehicles in Indonesia, particularly the development of two-wheel motor vehicles makes the supply of fossil fuels is increasing. The high fuel makes the fuel supply to the higher regions of Pertamina. Pertamina fuel supply in this area through a gas station (Fuel Filling Station General). This gas station into a formal point or an agent authorized to distribute fuel Pertamina to society. Criminal act of transporting fuel oil / fuel are subject to review of some aspects of the law to obtain justice. During these criminal cases haulage fuel seek of formal legal aspects applicable law, but a criminal act can not be seen from one side, but from some vantage as regional aspects and the economic aspects. The principle of legal justice that offers solutions to the public should be considered, although there is a violation of rules that apply in this transport process. Legal clash between the needs of society with Section 53 letters b and d of Republic Act number 22 of 2001 on oil and gas must have an alternative way out of sync between a solution and the rule of law.Keywords: BBM; Criminal; Justice; Law.
The Application Of Justice Principles Of Rapid Simple Fee In Criminal Justice System In The State Court (Case Study in State court of Pati) Lailatul Nur Hasanah; Sri Endah Wahyuningsih
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.v2i4.8353

Abstract

This study aims to determine and analyze the application of the principle of simple justice Rapid Simple Fee in the criminal justice system in the State court of Pati. As well as to identify and explain the barriers and solutions simple application of the principle of justice Rapid Simple Fee in the judicial system in State court of Pati. And to identify and explain the contribution principle is simple justice Rapid Simple Fee in the criminal justice system to reform the criminal justice system in the future. This study uses empirical juridical approach to analysis of the application of the principle of judicial issues simple, quick and inexpensive in the criminal justice system in the State court of Pati. Specifications research is descriptive analysis. With data collection techniques are primary and secondary data and research literature, analyzed using qualitative. The problem is analyzed with the theory of law enforcement and progressive legal theory. The results of this study showed that every judge shall comply with the laws that have been set ie power Act No. 48 of 2009 and Act No. 8 of 1981. Constraints in principle to simple justice Rapid Simple Fee is the human resources of the apparatus law enforcement, lack law enforcement and courtroom facilities, absence of the parties or witnesses. The solution is to determine the court calendar, giving sanction to the litigants or witnesses who have been called State court of Pati. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform.Keywords: Principle of Simple Justice, Rapid Simple Fee In Criminal Justice System in Pati Court
Policy For Crime Murder Investigation By The Children In Polrestabes Semarang Erwin Chan; Jawade Hafidz
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.v3i1.8454

Abstract

Issues that will be examined are: 1) How do criminal investigations policy murders committed by children in Polrestabes Semarang today? 2) How is the investigation of criminal policy of murder committed by children who should have been in the Indonesian National Police?This study uses empirical juridical approach method, the specifications in this research is descriptive. Data collection methods use primary data with interview techniques. The data analysis method used is the analysis of qualitative data.The study concluded that: 1) Policy murder investigation of criminal offenses committed by children in Polrestabes Semarang today in addressing the crime of child offenders who commit criminal acts be routed into diversion pursuant to Act No. 11 of 2012 on the Criminal Justice System Child. 2) Policies murder investigation of criminal offenses committed by children who should at the Indonesian National Police should be able to: a) Understand the scope of the duties and authority of the Police Child Protection. b) know the Juvenile Justice Act, Child Protection Act, the Child Welfare Act and the UN Convention on the Rights of the Child. c) Ability to interpret and discuss the procedure done in dealing with children in conflict with the law.Keywords: Policies; Investigation; Children Crime.
Handling The Juvenile Delinquency Caused by Consuming Alcohol Ali Ashadi; Amin Purnawan
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.v1i4.3932

Abstract

The problem in this research are: 1) The factors that affect juvenile delinquency caused by consuming alcohol 2) The handling of juvenile delinquency caused by consuming alcohol. The purpose of this study were 1) To identify and explainfactors that affect juvenile delinquency caused by consuming alcohol. 2) To identify and explain the handling of juvenile delinquency caused by consuming alcohol.Based on the results of the study concluded that: 1) The factors that influence the habit of drinking in teenagers is a curiosity, social environment, family environment, the influence of alcohol sales freely, and as a result of the rule of law (sanctions and fines lightweight). 2) Disaster of drinking habits in teenagers by the police is divided into two stages: a preventive and repressive. Namely preventive measures, early efforts made by the police to prevent all crimes include socialization, raid the alcohol, and Binamitra (one of strategy in police), while the repressive efforts, action to suppress and restrain delinquency or impede the onset of delinquency greater events include foreclosure, arrest, legal action.Keywords : Handling; Delinquency; Alcohol.
Penegakan Hukum Pada Kasus Tindak Pidana Kecelakaan Lalu Lintas Yang Menyebabkan Hilangnya Nyawa Orang Muhammad Dani Hamzah
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.v1i1.2563

Abstract

ABSTACTEquality before the law is an important principle in modern law, which is one of the joints of Rule of Law doctrine in a developing country like Indonesia, so this principle is used as the basis for every human being in enforcing the law. Increased traffic activity triggers an increase in traffic-related issues, one of which is a traffic accident. The problem is that it is difficult to provide law enforcement that can lead to a deterrent effect resulting in traffic awareness. The purpose of this study is to review criminal law enforcement in terms of legislation and review accountability in cases of criminal acts of traffic accidents that result in the loss of life of people in the traffic accident crime in Semarang City. Types of normative juridical research. The nature of the research using descriptive qualitative. Techniques of collecting data using secondary data (verdict number 599 / Pid.Sus / 2017 / PN.Smg and number 625 / Pid.B / 2017 / PN.Smg.). The results indicate that criminal law enforcement of traffic accidents resulting in the loss of life of persons still has some weaknesses and for accountability the crime has fulfilled the element of criminal liability in general. Keywords: law enforcement, criminal acts, accidents, traffic ABSTRAKEquality before the law merupakan salah satu asas penting dalam hukum modern, dimana ini menjadi salah satu sendi doktrin Rule of Law yang di negara berkembang seperti Indonesia, sehingga asas ini dijadikan landasan oleh setiap manusia dalam melakukan penegakan hukum. Makin meningkatnya aktivitas lalu lintas memicu peningkatan masalah yang berhubungan dengan lalu lintas, salah satunya dalah kecelakaan lalu lintas. Masalahnya adalah sulit dalam memberikan penegakan hukum yang dapat menimbulkan efek jera sehingga timbul kesadaran berlalu lintas. Tujuan dalam studi ini adalah untuk meninjau penegakan hukum pidana yang ditinjau dari perundang-undangan dan meninjau pertanggungjawaban pada kasus tindak pidana kecelakaan lalu lintas yang menyebabkan hilangnya nyawa orang pada tindak pidana kecelakaan lalu lintas di Kota Semarang. Jenis penelitian yuridis normatif. Sifat penelitian menggunakan deskriptif kualitatif. Teknik pengumpulan data menggunakan data sekunder (putusan nomor 599/Pid.Sus/2017/PN.Smg dan nomor 625/Pid.B/2017/PN.Smg.). Hasil menujukkkan bahwa penegakan hukum pidana kecelakaan lalu lintas yang mengakibatkan hilangnya nyawa orang masih memeiliki beberapa kelemahan dan untuk pertanggungjawaban pidanya telah memnuhi unsur pertanggungjawaban pidana secara umum.Kata kunci: penegakan hukum, tindak pidana, kecelakaan, lalu lintas
Analysis Of Judicial Policy In Deciding Criminal Acts Based Alternative Indictment (Case Study Decision Number 82 / Pid.B / 2019 / PN.Blora) Nur Dwi Edie W; Gunarto Gunarto
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.v3i1.8429

Abstract

In the criminal justice system process the judge plays a role in implementing the decision in which the decision was taken in consideration of the indictments by the prosecutors. In alternative indictments each indictment is mutually exclusive. The judge will choose one of the charges proven according to his conviction. Therefore the alternative indictment is also called the indictment of choice (keuze telastelgging). This research formed the formulation of the problem namely how is the juridical implication of alternative forms of indictment in case number 82 / Pid.B / 2019 / PN.Blora and what is the basis of the judge's judgment in deciding case Number 82 / Pid.B / 2019 / PN.Blora with alternative indictment. This research uses juridical sociological methods with descriptive analysis research specifications. The data used for this study are secondary data with field observation methods and literature and document studies. Based on the research it was concluded (1) the preparation of the indictment in the case of verdict number 82 / Pid.B / 2019 / PN Bla based on Article 378 of the Criminal Code, with an alternative Article 372 of the Criminal Code. In this case, the element that eliminates one another is about the "existence" of the goods in the possession of the defendant. (2) In decision number 82 / Pid.B / 2019 / PN Bla, the judge considers that based on the legal facts revealed in the trial the defendant violated the criminal provisions as in the Second Indictment of alternative charges Article 378 of the Criminal Code Jo Article 64 paragraph 1 of the Criminal Code. Keywords: Judge Policy; Criminal Decisions; Alternative Indictments.
Constitution and Constitutionalism of Indonesia Sri Praptini Praptini; Sri Kusriyah Kusriyah; Aryani Witasari
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.v2i1.4149

Abstract

The term constitution comes from a constituer which means to form, that is , the whole of the rules both written and unwritten which regulate in a binding manner the way a government is held in a society. Constitutionalism in the strict sense is that the administration of the government which islimited by the Constitution, in a broad sense, is a set of political values and aspirations that reflect the desire to protect freedom by carrying out internal and external supervision of government power.There are differences and similarities in the four constitutional ions in Indonesia: a) Procedural aspects: only in the 1945 Constitution, as written and unwritten basic law, are flexible and rigid to adopt the supreme constitution, procedures for establishing and forming by the MPR, other written constitutions; RIS by the Constitutional Assembly, 1950 Constitution by the Constituent Assembly; RIS changes to the constitution with the Federal Law while the 1950 Constitution by the Assembly changes the Constitution; b) Substantial aspects, the form of the Unitary state existed in the 1945 Constitution before and after the changes and the 1945 Constitution, while the RIS of union states, all forms of republic government, recognition of human rights, the system of government of the 1945 Constitution before and after quasi presidential and presidential changes, while RIS and The 1950 Constitution of the Republic of Indonesia, the 1945 Constitution before the change of the highest sovereignty holders of the MPR, the RIS by the Government together with the DPR and the Senate, the 1950 Constitution by the Government and Parliament.Keywords: Constitution; Constitutionalism; Indonesian Constitution.
Pencegahan Dan Pemberantasan Peredaran Narkoba Di Indonesia Bayu Puji Hariyanto
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.v1i1.2634

Abstract

ABSTRAKPenyalahgunaan narkoba masih menjadi masalah kronis yang menimpa Indonesia, kasus peredaran sabu dan banyak tertangkapnya bandar-bandar narkoba internasional dalam beberapa tahun terakhir menjadi bukti bahwa Indonesia sedang berada dalam kondisi darurat narkoba. Pemerintah Indonesia mengedepankan peran Kepolisian dan Badan Narkotika Nasional (BNN) dalam rangka mencegah dan memberantas peredaran Narkoba di Indonesia. Adapun upaya pencegahan dan pemberantasan Narkoba dilakukan dengan tiga tahapan yaitu pertama,  Preemtif yaitu upaya pencegahan yang dilakukan secara dini. Kedua, Preventif yaitu upaya yang sifatnya strategis dan merupakan rencana aksi jangka menengah dan jangka panjang, namun harus dipandang sebagai tindakan yang mendesak untuk segera dilaksanakan. Ketiga, Represif, merupakan upaya penanggulangan yang bersifat tindakan penegakan hukum mulai yang dilakukan oleh intelijen.Kata Kunci: Pencegahan, Pemberantasan, Peredaran Narkoba.ABSTRACTThe drug abuse is still become a chronical problem that afflicts Indonesia, the case of methamphetamine circulation and so many international drug dealers that caught in a few years ago becoming an evidence that Indonesia is on a state of drug emergency. The Indonesian Government placing the role of National Police and National Narcotics Agency forward in order to preventing and eradicating of drug by doing a three steps which is first, Pre-emptive, which is prevention that implemented early. Second, Preventive, which is an effort that strategically and a medium and long term action plan, but should also be seen as an action that urgently implemented. Third, Represive, is an effort of countermeasure as a start of law enforcement conducted by intelligence.Keywords: Prevention, Eradication, Drug Circulation
Implementation Of Police Role In Countermeasures Of Traffic Criminal Acts Of Traffic Violations In Efforts To Establish Police Images As Community Guidelines Riyanto Riyanto; Umar Ma'ruf; Sri Kusriyah Kusriyah
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.v3i2.9385

Abstract

This study aims to determine the implementation of the role of the police in traffic criminal acts of traffic violations in an effort to build the image of the police as a community protector and inhibiting factors and solutions. The method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and library studies. The data analysis method uses qualitative analysis. As a knife of analysis, crime prevention theory and law enforcement theory are used. The results showed that the implementation of the role of the police in tackling traffic violations in an effort to build the image of the police as a community protector was carried out through preemptive, preventive and repressive efforts. Pre-emptive efforts are carried out through socialization activities whose main purpose is to instill moral values in society to obey the law. Preventive efforts are carried out through operations or patrols to prevent traffic violations. While repressive efforts carried out through actions in the form of reprimands or tickets to violators. Inhibiting factors in implementing the role of the police in tackling traffic violations in an effort to build an image as a community protector are the lack of professionalism of the traffic police, the legal awareness of the community is still low, and there is a culture of lawlessness from the community.Keywords: The Role Of The Police; Criminal Acts; Traffic Violations.
Implementation of Cooperation Agreement Between the Ministry of Internal Affairs, Police, Attorney General Office (Ago) in Handling and Crime Of Corruption in Indonesia Cipto Dwi Leksana; 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.v2i1.4217

Abstract

Corruption in Indonesia at this time, is already in a position of very severe and so deeply rooted in every facet of life. The development of corrupt practices from year to year is increasing, both in quantity or amount of losses to the state and in terms of the quality of the increasingly systematic, sophisticated and scope has expanded in all aspects of society. Increased corruption uncontrolled will bring disaster on the lives of not only the national economy but also the life of the nation in general. Rampant corruption cases in Indonesia, no longer know the limits of who, why, and how. Not only office holders and the interests of who committed the crime of corruption both in the public and private sector, but corruption has become a phenomenon. Cooperation Agreement between the Ministry of Internal Affairs, the Attorney General and the Police into a new breakthrough in creating a legal product that provides a form of cooperation among government agencies in combating corruption in Indonesia from all sectors of the country.Keywords: Cooperation Agreement; Crime; Corruption.

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