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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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Implementation Of The Police Role In Doing Control And Law Enforcement Against Police In Area Community Organization Indramayu Associated With Act No. 17 In 2013 Jo. Act No. 16 2018 Sunardi Sunardi; Sri Kusriyah Kusriyah
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.v1i2.3273

Abstract

In this study the issues to be discussed are: Implementation of the National Police's role in conducting oversight and enforcement of the law against Society. Any barriers faced by the police in doing supervision and enforcement of the law against Social Organization. Police made solutions in overcoming these obstacles above. The methodology used by researchers is the approach empirical juridical, as for sources and types of data in this study are primary data obtained from field studies withway direct communication with the respondent or informant (CJS), And secondary data obtained from the study of literature. Based on the results of research that: the application of the national police role Indramayu in conducting oversight and enforcement of the law against Social Organization that efforts emptive, ie policing effort in order to provide guidance to the public through the development activities of the community that runs from the function Unit Binmas, such as providing information to the public, placement Bhabinkamtibmas in every village one member the Police; Barriers faced is insufficient budget for operations; In the displacement of the secretariat of CBOs, CSOs are rarely reported to the Police Indramayu; Shortage of Human Resources in terms of the establishment of the superintendent; Solutions to overcome these obstaclesthat Bakesbangpol only as a facilitator who records a list of community organizations and in coordination with the central government, while the direct supervision of the CSOs do not have the authority expressly in supervision, coaching, and dissolution of CSOs. Keywords: Implementation; Monitoring; Enforcement; Community Organizations.
Restorative Justice Approach in Diversion System for Settlement of Criminal Cases for Children in Indonesia Sarwadi Sarwadi; Bambang Tri Bawono
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 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.v3i4.13145

Abstract

This article aims to find out the general concept of restorative justice for children and to analyze the concept of restorative justice through the diversion system in Act No. 11 of 2012 concerning the Juvenile Criminal Justice System for the settlement of child criminal cases in Indonesia. In certain cases, children who are perpetrators of criminal acts are of particular concern to law enforcement officials. Therefore, various efforts to prevent and overcome children in conflict with the law need to be carried out immediately. Efforts to prevent and overcome children in conflict with the law today are through the implementation of a juvenile criminal justice system. To carry out guidance and provide protection for children, support is needed, both concerning institutions and more adequate legal instruments. One solution that can be taken in solving cases of juvenile crime is a diversion system. Diversion is not a peaceful effort but a form of punishment against children who are in conflict with the law in an informal way. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts.
Implementation Of Withdrawal Of Retribution Based On Kudus Regency Regulation No. 14 Of 2012 On The Market Services Retribution In Kliwon Market Kudus Muhammad Yanuar Ilham; Amin Purnawan
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.v2i2.5426

Abstract

Retribution is one source of local revenue. Levies are local taxes as payment for assistance.Regional service or certain special permits provided and/or supplied by Regional government for the benefit of personal or body. Retribution is very important to support local revenues, but in practice many factors that make the income retribution is less than optimal. Based on this it will be explained the problem in this research is the function of retribution, implementation and obstacles that occur in Kudus Regency Regulation No. 14 of 2012 on The Market Services Retribution In Kliwon Market Kudus. The method used in this research is empirical juridical approach, the research in the form of empirical studies to find theories about the process and about the workings of law in society. Data on the study was obtained through interviews with the Department of Trade and Traders in Kliwon Market Kudus. The results showed the actions taken by the government in addressing the factors that become obstacles in the collection of the retribution is to replace the system of retribution withdrawal which was initially carried out every day to every 30 days on the new law and issued a new policy that retribution withdrawal using E-Retribution. The government should make efforts to the training of personnel and development of merchant towing charges in the Kliwon Market Kudus. So that the withdrawal of the retribution more smoothly and does not disturb the optimization of revenue. Keywords: Implementation of Region Regulation; Market Retribution; Kudus Regency.
Separate Filing (Splitsing) In Criminal Case Management Hidayat Abdulah
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.v1i2.3292

Abstract

In the implementation of the criminal case handling a lot of things that can be done to perfect evidence is the failure by one of them is doing a separate filing (splitsing). In Article 142 Criminal Procedure Code stipulates that the public prosecutor has the authority to separate docket (splitsing) against each defendant if found lacking evidence and testimony, as well as other matters that are not included in the provisions of Article 141 of the Criminal Procedure Code. Separation of the case must be based on solely the purpose of examination. That's what makes the public prosecutor has the authority to determine the case file should be separated (splitsing) or not. The purpose for doing the separation of the case file (splitsing) is to facilitate the enforcement of the prosecutor when the court process, to strengthen the evidence for lack of evidence when the process of verification, then a criminal offense committed by the offender more than one and the same time one of these actors into the search list (DPO) which allow splitsing.Keywords: Separate Filing; The Criminal Case.
Outsourcing Agreement In The Perspective Of Pancasila Industrial Relations Rizal Anugrah Bachriar
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.v2i3.5641

Abstract

In the midst of the rebirth of public concern over the dangers of capitalism, the government would legalize the practice of outsourcing that are economically and morally detrimental to workers / laborers. Outsourcing is an agreement made between employers and workers / laborers, which the company can transfer part of its work to other companies through chartering agreement / service provider's written work. The outsourcing company usually makes a contractual agreement with the workers if there are companies that need workers. The contract is usually only valid for jobs are still available, and if the contract for the work has expired, then the working relationship between workers and outsourcing company also ended. Key Words: Outsourcing; Pancasila; Employment Act.
Criminal Sanctions Against Publisher of Empty Giro in Polda Jateng Jurisdictions Ridha Ari Setyono
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.v1i2.3337

Abstract

The research titled Criminal Sanctions Against Empty Giro Publisher in POLDA Jateng Jurisdiction. The purpose of this study: 1) To determine and analyze the implementation process of the investigation against the perpetrators of criminal sanctions Empty Giro Publisher in POLDA Jateng Jurisdiction. 2) To identify and analyze the constraints and solutions in implementation investigations against perpetrators of criminal sanctions Empty Giro Publisher in POLDA Jateng Jurisdiction. Research result : 1. Law enforcement against perpetrators of criminal acts in the form of giro checks is through the efforts of repressive. Repressive efforts are attempts made by the investigator to take action against the perpetrators of criminal acts Empty Giro in the jurisdiction of the POLDA Jateng. This is done so that the Empty Giro criminal cases can be resolved legally and thus criminal checks received appropriate punishment of what they did. 2. Factors to be obstacles in the implementation of criminal investigations Empty Giro that it is difficult unresolved criminal cases Empty Giros that internal factors and external factors: a) Internal factors include the following: 1) Personnel limited police investigator 2) Factors geographical circumstances 3) Witnesses minimum 4) lack of operational budgets investigation 5) Lack of expert investigators in handling criminal cases Empty Giros. While b) External factors, mepiputi: 1) Difficulty in finding relevant legal experts in the field of criminal fraud checks. 2) The level of public knowledge are limited in banking issues and agreements giro payment by check or giro. The efforts made by POLDA Jateng investigator in the criminal prosecution of fraud in the form of a Empty Giro and giro slip is to undertake repressive efforts. 2) The level of public knowledge are limited in banking issues and agreements giro payment by check or giro. The efforts made by POLDA Jateng investigator in the criminal prosecution of fraud in the form of a Empty Giro and giro slip is to undertake repressive efforts. 2) The level of public knowledge are limited in banking issues and agreements giro payment by check or giro. The efforts made by POLDA Jateng investigator in the criminal prosecution of fraud in the form of a Empty Giro and giro slip is to undertake repressive efforts.Keywords: Criminal Sanctions; Empty Giro Publisher; POLDA Jateng
Police Role in Crime Investigation of Fencing Article 480 of the Criminal Code (Study in Polres Demak) Dwi Fahri Hidayatullah; Gunarto Gunarto; Lathifah Hanim
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.v2i4.8288

Abstract

The purpose of this research identify and analyze the role of the police in criminal investigation of Fencing of Article 480 of the Criminal Code in the jurisdiction of Police Demak and barriers and solutions encountered police officers in criminal investigation of Fencing.The method used is the method of normative and juridical sociologic, the specifications in the study was a descriptive analytical methods of population and sampling are all objects or all of the symptoms or the entire event or the entire unit to be studied, data collection techniques using literature study and interviews, data analysis is qualitative.Result: according to the Criminal Investigation: Examination of the scene, Investigation, Manufacture Minutes, examination of evidence: The search, seizure, Remarks experts, Arrest or Detention and examination of suspects, Resume, file submission. The obstacle is that not everyone knows, does not want to report to law enforcement agencies (police), collusion series of cooperation that is so neat, shrewdness suspect in storing the results of Fencing the Article applied a penalty of less leverage, less personnel in the Resmob Police Demak, because the territory and population is not proportional to the number of personnel Resmob Demak district police, the suspect did not provide information in a clear, witnesses' testimony did not support the investigation, evidence to be filed less, to overcome these obstacles, namely:Key Words: Police; Investigation; Crime; Fencing; Police Demak.
Deed Legal Ad / ART PT Perkebunan Nusantara IX After The Consolidated PTP XV-XVI (Persero) With PTP XVIII (Persero) Meilyna Dwijanti; Amin Purnawan
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.v1i3.3356

Abstract

The purpose of this study was to determine the legality of the deed of AD / ART PT Perkebunan Nusantara IX after the consolidation of PTP XV-XVI (Persero) with PTP XVIII (Persero). This research method using normative legal research. The data used is secondary data that is material that provides an explanation of primary legal materials; in the form of deed of AD / ART PT Perkebunan Nusantara IX. Data were analyzed by descriptive qualitative method. The results showed Deeds AD / ART PT Perkebunan Nusantara IX Post-Consolidation PTP XV-XVI (Persero) With PTP XVIII (Persero), in accordance with the process and the provisions of the legislation in force. In the Deed clearly contain 1) the name and domicile of the Company; 2) the purpose and objectives and business activities of the Company; 3) The period of the founding of the Company; 4) the amount of the authorized, issued and paid-up capital; 5) the number of shares, class of shares if there is a following for each classification number of shares, the rights attached to each share, and the nominal value of each share; 6) the name of position and the number of members of the Board of Directors and Board of Commissioners; 7) determination of the place and manner of implementation of the GMS; 8) procedures for the appointment, replacement, dismissal of members of the Board of Directors and Board of Commissioners; 9) procedures for the use of profits and dividend distribution. replacement, dismissal of members of the Board of Directors and Board of Commissioners; 9) procedures for the use of profits and dividend distribution. replacement, dismissal of members of the Board of Directors and Board of Commissioners; 9) procedures for the use of profits and dividend distribution.Keywords: Legality; Deeds; AD / ART; Limited Liability Company; BUMN.
Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi Sulistyo Utomo; Ira Alia Maerani
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.v2i4.8351

Abstract

This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.Based on the survey results revealed that the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia criminal fines in criminal prospects are just as an alternative or substitute for imprisonment or confinement. And effectiveness this penalty has not run optimally because the defendant would prefer to replace the criminal penalties to imprisonment.The conclusion of this thesis is that the implementation or execution of criminal penalties in Indonesia have not been effective or not maximized because law enforcement or judges tend to prefer the imprisonment of the criminal finesKeywords: Criminal Fines; Criminal Prison; Children.
Granting of Loans Cooperative to Members who Affected by Flood (Study in KSP Forma Branch of Cirebon) Mangirim Limbong; Lathifah Hanim
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.v1i3.3402

Abstract

In this research using normative juridical approach reviewing and view and analyze problems based on the principles and the principles of law. Once we examine Cooperative Forma, found the research to solve the problem, namely (1) Cooperative Forma will provide loans conditional on the existence of collateral both objects move or do not move the location of the object collateral is never experienced flooding or close to the river, (2) Cooperative Forma will provide relief penalties and interest for the members of the flooded rice fields or fields that can to repay the loan.Keywords: Cooperatives; Loans; Jams; Natural Factors.

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