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Contact Name
Sumain
Contact Email
jdh@unissula.ac.id
Phone
+6282137137002
Journal Mail Official
jdh@unissula.ac.id
Editorial Address
http://jurnal.unissula.ac.id/index.php/RH/about/editorialTeam
Location
Kota semarang,
Jawa tengah
INDONESIA
Jurnal Daulat Hukum
ISSN : 2614560X     EISSN : 2614560X     DOI : 10.30659
Core Subject : Social,
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
Judge Consideration of Religious Court Of Blora on Application of Married Dispensation Siti Muzazanah Muzazanah; Akhmad Khisni; Rozihan Rozihan
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.v2i4.8356

Abstract

This study aims to know the factors increasing request for married dispensation, the judge in the consideration granted married dispensation and know the weaknesses of Marriage Act in court and in the implementation of solutions to reduce married dispensation, The method used normative juridical, namely legal research based on secondary data. This research approach using the approach of the case (case approach and qualitative approach. Regarding the data, the authors obtained data from interviews and literature study.These results indicate (1) Factors increasing request for married dispensation in the Religious Court of Blora is (a) Fearing the emergence of slander, (b) pregnant outside of marriage (2) Judge Consideration of Religion Court of Blora in granted married dispensation, based on consideration of three things namely (a) Administrative completeness, (b) there is no prohibition of marriage as contained in Article 8 of Act No. 1 of 1974 On Marriage, (c) the principle benefit (3) weakness of marriage Act in the execution of court and solutions for reduce married dispensation in the Religious Court of Blora. Lack of socialization to the relevant institutions make weak law marriage in the implementation of the court.Keywords: Judge Consideration; Religious Court; Married Dispensation.
Upside of Evidence by Public Prosecutor in The Case Corruption by Act No. 31 of 1999 jo. Act No. 20 of 2001 on Combating Crime of Corruption Suwono Suwono; Jawade Hafidz
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.v1i3.3399

Abstract

Corruption is a criminal offense that is remarkable. Remarkable because the mode used increasingly sophisticated, and as a result of corruption is very detrimental to the people and the state. Corruptor often me-take advantage of legal loopholes. Reverse authentication system implemented in the Act No. 31 of 1999 jo. Act No. 20 of 2001 on Corruption Eradication easier for prosecutors to prove that the defendant has committed the crime of corruption. In the system of proof, the defendant has the obligation to prove that the defendant did not commit corruption, and prosecutors also continue to prove that the defendant engaged in corruption cases.Keywords: Upside Evidence; Prosecution; Corruption.
Sociological Juridical Review Of Children Appointment Through The Determination Of Judges In The Religion Court Of Semarang Isyadora Islami Salma; Rakhmat Bowo Suharto; Widayati Widayati
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.v3i1.8406

Abstract

This study aims to determine how the implementation process of adoptions that occurred in the Religious Court of Semarang, and what is the reason for the judge to give authority to the prospective adoptive parents. In answer to this problem the authors conducted a sociological juridical research, namely by conducting direct research and find data related to this study directly in the field, and also based on legislation regarding adoption. This is to obtain primary data and secondary data, using data collection techniques are observation, interview, and literature study. The data obtained in the analysis using qualitative analytical methods and presented descriptively.Based on the results of research that has been done in the Religious Court of Semarang, we can conclude that 1) the implementation of the adoption of the Religious Court of Semarang is done by people who are Moslem. Filing the petition has been set by the Religious Court of Semarang through 3 stages and was previously submitted to the Department of Social Welfare. 2) Determination of adoption set based on consideration of the judge with reference to the legislation and personal data information provided by the applicant.Keywords: Implementation; Adoption; Religious Court.
The Analysis of Election Criminal Actions Around 2019 in Banjarnegara Endro Wibowo Aji; Rachmat Bowo Suharto
Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021
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.v4i1.13889

Abstract

The purpose of this research is to find out what factors are hindering in enforcing the 2019 election criminal law in Banjarnegara Regency and how the solution is carried out by the Bawaslu of Banjarnegara Regency in enforcing the election criminal law in 2019. The research method is taken using sociological juridical with descriptive specifications done to retrieve the facts that happened. The results showed that in the administration of elections, law enforcement against criminal acts in legislative elections encountered many obstacles such as: the failure to fulfill the formal and material requirements of the alleged violation of election criminal acts, both from the findings of supervisors and public reports, made it difficult to follow up on the alleged violations; multi-interpretative regulations cause human resource difficulties in applying the articles that must be suspected in suspected election violations; disagreements between institutions in the integrated law enforcement center (Gakkumdu); limited time for handling election crimes. Bawaslu of Banjarnegara Regency in overcoming obstacles keeps trying as much as possible to follow up on suspected violations, maximizing preventive actions through various channels, media, and always coordinates both vertically with Bawaslu of Central Java Province and coordinates horizontally with all related parties in Banjarnegara Regency in the framework of minimize potential violations.
The Investigation Process of Prospective Children in Criminal Action Ari Yudistira; Widayati Widayati
Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021
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.v4i1.13695

Abstract

The objectives of this research are: To identify and analyze the process of investigating child suspects in drug crimes. To find out and analyze the obstacles in the process of investigating child suspects in drug crimes and their solutions. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through library research and primary data. The results of this study on process of investigating child suspects in drug crime includes: a) Detention period for children is only valid for a maximum of 7 (seven) days and can be extended by the public prosecutor for a maximum of 8 (eight) days. b) Investigations against perpetrators of child crime are carried out by child investigators. c) In conducting an investigation, the investigator is obliged to ask for consideration from the Correctional Center (BAPAS). Barriers: a) The duration of research from the Correctional Institution (BAPAS). b) The unavailability of special investigators for children due to limited Human Resources (HR). The solution: a) To increase the ability of investigators to carry out investigations so that they are able to resolve cases during the period of time the child is detained according to the rules, namely 7 (days) of work and can extend detention by 8 (eight) working days b) Increasing the working relationship with BAPAS so that research and research results on children can be completed immediately. So that the results of the research can be completed immediately before the investigator hands over the child and evidence to the Public Prosecutor (JPU).
Online Arbitration in E-Commerce Dispute Resolution During the Pandemic Covid-19 Mohammad Ghozali; Budi Ispriyarso
Jurnal Daulat Hukum Vol 4, No 3 (2021): September
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.v4i3.16266

Abstract

The Covid-19 pandemic has made online buying and selling activities increasing. E-commerce is full of risks, especially because the consumers have the obligation to make any advance payment while they cannot see the condition or quality of the goods they ordered. With the emergence of business disputes that occur both online and offline, and with the development of increasingly sophisticated technology, it is expected that the settlement of business disputes can be resolved online. The purpose of this study was to analyze the settlement of legal disputes against online buying and selling transactions during the Covid-19 pandemic which was carried out through online arbitration. The research method used was the normative juridical method, which was a method that seeks to analyze dispute resolution carried out through online arbitration which was then linked to the provisions of laws and regulations. The process of conducting online arbitration is by using the internet as media. The room for communication is more like a chat room based on real-time audio-visual streaming. With the application to communicate, the parties can convey their data, facts, information, or responses through this platform. Legal sanctions against online buying and selling transactions that do not match the order are regulated in two general rules (Lex Generalis) and special rules (Lex Specialist).Keywords: E-Commerce; Covid-19, Online Arbitration; Legal Sanctions.
Spatial Synchronization and Territorial Planning Policies between Regions and National Spatial Planning Sri Kusriyah
Jurnal Daulat Hukum Vol 4, No 2 (2021): June 2021
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.v4i2.15714

Abstract

This study aims to determine whether the spatial and regional policies in the regions are in sync with the national spatial planning arrangements. The method used in this research is using a normative juridical research method, with the main data being secondary data in the form of documents related to regional spatial planning policies in the region, then the data is analyzed by qualitative analysis by providing an interpretation of the data that has been collected. The results show that the regional policy of Demak Regency in spatial planning as outlined in the form of a regional regulation with the aim of realizing regional space based on superior agricultural and industrial sectors, supported by the service trade and tourism sectors that are environmentally sustainable, refers to the Act. Number 6 of 2007, and Act No. 11 of 2020 concerning Job Goals, Government Regulation number 26 of 2008.The Regional Regulation on RT/RW regulates, among others: a) spatial planning policy, b) spatial planning strategy, c) spatial structure plan, d) spatial pattern plan, e) determination of strategic areas, f) spatial utilization direction, g) spatial utilization control direction, h ) rights, obligations and roles of the community, i) institutions, thus the policy for structuring spatial planning in the sub-region is in sync with the structuring of national spatial plans 
Legal Protection For Workers/Medical Workers against Case of Diseases Due to Covid-19 Gresa Sekardatun; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021
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.v4i1.14200

Abstract

The purpose of this research is to provide legal protection To find out and analyze all Medical Workers/Laborers affected by occupational diseases due to Corona Virus Disease 2019 (Covid-19) in Semarang City, they have obtained their rights in accordance with existing laws and regulations. The research method used is the sociological juridical approach method, descriptive analysis research specifications, the research data source uses primary data and secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. Data analysis using qualitative analysis methods. The result is the government, through the Labor Inspectorate, needs to provide guidance and outreach to companies so that employers will understand and understand the benefits of Work Accident Security (JKK), which is very much needed during a pandemic like this, because medical workers/laborers are at the forefront of carrying out their duties to treat patients who have being exposed to COVID-19 must be protected by registering all medical workers/laborers in the BPJS Of Workers Work Accident Insurance (JKK).
Application of Restorative Justice to Solution of Traffic Accidents Iman Faturrahman; Bambang Tri Bawono
Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021
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.v4i1.13881

Abstract

The purpose of this research is to find out and analyze the Application of Restorative Justice to the Resolution of Traffic Accidents. To know and analyze the ideal justice regulations in the application of Restorative Justice on Traffic Accident Settlement. In this study, the approach method used is the sociological juridical approach method. The result of this research is the application of Restorative Justice to the Resolution of Traffic Accidents has often been done by the police, especially traffic accidents and the most common is family group conferencing, because in this case this application is more active where the whole family both the victim and the perpetrator have met in a legal solution to the problem.
Criminal Responsibility of Criminals Defamation on Advocate Name Bambang Lasimin Arek; Umar Ma'ruf
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.v3i4.13622

Abstract

The purpose of this research is to know and understand the legal responsibility of the criminal defamation against lawyers according to Islamic criminal law, to know and understand the legal responsibility of the criminal defamation against lawyers according to Indonesian criminal law as well as to know, understand and analyze the legal accountability of the perpetrators criminal defamation against advocates at the Law Supremacy & Associate law office in Police Report Number: LP / B / 115B / XI / 2019 / Jabar according to Islamic criminal law and Indonesian criminal law. The approach method used in this research is normative juridical. The research specification used in this research is descriptive analytical. The theory used in analyzing the above problems is the rule of law theory, the theory of legal certainty and the theory of criminal responsibility in Islamic law. The conclusion of this study is that legal responsibility for the perpetrators of criminal defamation against advocates according to Islamic law is a Ta’zir sentence in the form of a limited prison sentence, where the length of the sentence is handed over to Ulil Amri who examines the case, while according to Indonesian criminal law it is a prison sentence and fines. Legal accountability for perpetrators of criminal defamation against advocates in the Police Report Number: LP / B / 115B / XI / 2019 / Jabar, according to Islamic law, is punishable by Ta’zir in the form of limited prison. Meanwhile, according to Indonesian criminal law, the actions of suspects are subject to imprisonment and a fine, in accordance with the provisions of Article 311 paragraph (1) and Article 315 of the Criminal Code.