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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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Constitutionalism Concept in Implementation of Indonesian State Administration Adhe Ismail Ananda
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.v4i2.15696

Abstract

The study in writing this paper is the essence of understanding constitutionalism in the context of the administration of the constitutional system. Constitutionalism for modern countries is a necessity. In the understanding of constitutionalism, the constitution is the embodiment of the highest law that must be obeyed by all components of the state. Writing the paper aims to explore further the philosophical meaning of this understanding of Constitutionalism. That in the concept and understanding of Constitutionalism, there are three things that become its essence. First, there is a limitation of power. Second, the exercise of power is carried out based on a general agreement that is crystallized into the constitution, and Third, the exercise of power always requires accountability within the framework of the constitution.
The Legal Analysis of Signature Forgestion Handling Process in Land Selling by PPAT Siti Mutmainah; Hepy Hapsari
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.v3i4.12892

Abstract

The problems in this research, first: how Legal Analysis of the Process of Handling Signature Falsification in the Sale and Purchase of Land Conducted by PPAT in Semarang City (Live Study Case No. 505/Pdt.G/2020/Pn.Smg)? Second, what is the legal consequence of the Minuta Akta which is falsified by a notary? This research is a normative study. The results of the study conclude, first: the implications for the notary position can be categorized into four (4) aspects, namely, i) implications for deed engagement, ii) aspects of administrative positions; iii), Professional Aspects of Membership; vi), the criminal aspect. Second, the legal consequence of the Minuta deed which is falsified by the notary is that the deed only has the power of proof as an underhand deed, if the parties can prove the untruth of the authentic deed in court proceedings and result in the deed being canceled and the power of proof as the deed below hands will no longer apply.The problems in this research, first: how Legal Analysis of the Process of Handling Signature Falsification in the Sale and Purchase of Land Conducted by PPAT in Semarang City (Live Study Case No. 505/Pdt.G/2020/Pn.Smg)? Second, what is the legal consequence of the Minuta Akta which is falsified by a notary? This research is a normative study. The results of the study conclude, first: the implications for the notary position can be categorized into four (4) aspects, namely, i) implications for deed engagement, ii) aspects of administrative positions; iii), Professional Aspects of Membership; vi), the criminal aspect. Second, the legal consequence of the Minuta deed which is falsified by the notary is that the deed only has the power of proof as an underhand deed, if the parties can prove the untruth of the authentic deed in court proceedings and result in the deed being canceled and the power of proof as the deed below hands will no longer apply.
Law Enforcement against Traffic Accident Rio Tumiyadi Maulana; Sri Kusriyah
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.v4i1.14201

Abstract

The purpose of this study is as follows: To determine and analyze the factors that cause traffic accidents. To find out and analyze law enforcement against traffic accidents. To find out and analyze barriers in traffic accident law enforcement and their solutions. The approach used by the author to discuss the above problems is to use a sociological juridical approach, namely approaching the problem through legal research by looking at the legal norms that apply in society. The research specification used in this research is descriptive analytical. Based on the results of this study, the factors that cause traffic accidents include: the driver / driver is sleepy, the factor of the vehicle itself, road factors, environmental factors. Law enforcement against traffic accidents can be carried out by applying the provisions of Act No. 22 of 2009 concerning road traffic and transportation Article 310 if it concerns handling traffic accidents for negligence of drivers, either resulting in death or only injury. Obstacles in law enforcement of traffic accidents is the participation of the community, police officers, local governments at level I and level II as well as the role of the central government to work together to create a safe, comfortable and peaceful environment for the community. Efforts to overcome obstacles in traffic accident law enforcement are as follows: (a). Making efforts on the Government's side to revise the Articles in Act No. 22 of 2009 concerning road traffic and transportation; (b). Increase the number of personnel for the realization of maximum service; (c). Doing morning apples on roads that are at the heart of traffic problems; and D). Fostering legal awareness of the community to obey the law in traffic.
Law Enforcement against Entrepreneurs who Conduct Criminal Acts to Pay Wages Under the Minimum Wage Sekar Tresna Raras Tywi; Ira Alia Maerani; Arpangi Arpangi
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.v4i1.13882

Abstract

This study aims to determine how law enforcement is carried out by labor inspectors against employers who pay wages lower than the minimum wage. The method used in this paper is sociological juridical. The conclusion of this paper is that law enforcement on the payment of wages below the minimum wage is carried out gradually through preventive educational efforts, repressive nonyustisia to repressive yustisia. It is hoped that through this process the employer can pay the lowest wage according to the minimum wage so that punishment is the last alternative (ultimum remedium).
Role of Police in Respecting Crimes on Prisoners Who Get Asimilation & Conditioned Delivery Due to Plague of Covid-19 Lilik Purwoko; Siti Rodhiyah Dwi Istinah
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.v3i4.13599

Abstract

The purpose of this study was to determine and analyze the role of the Police in tackling crimes by convicts who received assimilation and parole due to the Covid-19 virus outbreak and the obstacles and solutions of the Police in overcoming crimes by inmates who received assimilation and parole due to the Covid-19 virus outbreak. Used in this research is an empirical juridical approach. This type of research is descriptive analytical, data collection methods used are primary data (interviews) and secondary data (literature review). The data analysis was done qualitatively. The results of the research found that the role of the Police in tackling crimes by inmates who received assimilation and parole due to the Covid-19 virus outbreak has an important role. Which was carried out by the Police in minimizing crimes committed by inmates who received assimilation due to the impact of Covid-19, namely preventive efforts to conduct patrols by forming a new eagle team, as well as repressive efforts to provide strict punishment to inmates who committed crimes again after assimilation. The obstacles faced by the Police in overcoming crimes by inmates who receive assimilation and parole due to the Covid-19 virus outbreak include, among others, that not all criminals are domiciled in the city of Semarang, the number of personnel is not proportional to the number of prisoners who receive assimilation and parole due to the virus outbreak. Covid-19, the National Police and the Police have never received a copy of the trial verdict from the court.
Implementation of Criminal Action Prosecution Online in Realizing Principle of Fast Prosecution, Simple & Low Cost Ardito Yudho Pratomo; Umar Ma'ruf; Aryani Witasari
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.v4i2.15737

Abstract

Indonesia is a state of law, thus everything is regulated by law, if there are people who violate the law then it is resolved through a judicial process. The Covid-19 virus has had an impact on the need for online trials. The formulation of the problem in this study is how the implementation and constraints of the implementation of the stages of prosecuting criminal cases (online) and how the ideal implementation in the application of the stage of prosecuting criminal cases (online) in order to realize the principles of fast, simple and low-cost justice in Indonesia. Wonogiri Prosecutor's Office? This study uses empirical legal research methods. The results of this study indicate that the implementation of the stages of prosecuting criminal cases (online) in order to realize the principles of fast, simple and low-cost justice at the Wonogiri Prosecutor's Office is carried out with Supreme Court Regulation (PERMA) No. 1 of 2019 concerning Administration and Trial in Courts Electronically. Implementation constraints in the application of (online) prosecution of criminal cases due to legal factors, Cultural Community facilities and infrastructure. The ideal implementation of the application of online criminal prosecution in order to realize the principles of fast, simple and low-cost justice at the Wonogiri Prosecutor's Office requires clear arrangements, human resources who have IT skills. Internet Network, a good understanding of the law intensively conduct outreach to the community.
Legal Protection against Women Which Do Criminal Actions of Abortion from Victims of Rape for Justice Farida Farida; Sri Kusriyah
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.v3i4.13108

Abstract

This study aims to identify and describe the legal protection of women perpetrators of the crime of abortion, victims of rape based on positive law in Indonesia in order to realize justice. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this study are legal protection for women perpetrators of abortion, victims of rape based on positive law in Indonesia to achieve justice that in Article 48 of the Criminal Code that the perpetrator's actions are committed due to coercion, then they will not be convicted. The perpetrator was released from punishment on the grounds of forgiveness, whereas in the Republic of Indonesia Act No. 36 of 2009, that abortion is allowed due to indications of a medical emergency that threatens the life of the mother and pregnancy due to rape, given the trauma caused by rape that must be experienced by women who are victims of rape is very severe.
Concept of Criminal Law on Corruption of Corporate Criminal Liability System Based on Justice Value Abdul Kholiq; Gunarto Gunarto
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.v4i1.14205

Abstract

The purpose of writing is to analyze the corporate accountability system in order to impose crimes against corporations, and obstacles to imposing crimes against corporations. The method used is the statute approach and the case approach, the analysis method uses qualitative analysis with interpretation, and the data collection method uses library research. It can be concluded that corporations can be held accountable by using a system of absolute and substitute liability, and the obstacle is the application of a conventional criminal liability system and the difficulty of proving corporate wrongdoing. It is suggested that there is a common perception among law enforcers about the criminality of corporations.
The Role of Prosecution Related to Prosecutor's Demand in Enforcing the Criminal Action of Narcotics Septian Nanang Pangestu; Lathifah Hanim
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.v4i1.13884

Abstract

The objectives of this research are: to analyze prosecutors related to prosecutors 'demands in enforcing the narcotics crime law. To analyze the obstacles and solutions faced in making prosecutors' demands in enforcing the narcotics crime law.The method used by researchers isjuridical sociological approach to law and the specification in this research is including analytical descriptive. Based on the results of the research that the role of the prosecutor related to prosecutors' demands in enforcing the narcotics crime law has been fulfilled. The elements of a criminal act violating Article 127 paragraph (1) letter a of Act No. 35 of 2009 concerning Narcotics and it was proven to be against the law because the defendant had the intention to use methamphetamine himself or his own interests, while drugs can only be used for the benefit of developing science and technology. The obstacle is that witnesses who are majority members of the police, when called to be witnesses at trial, often do not attend the trial because they are busy with their superiors, which makes the prosecution process take a long time. The modus operandi in narcotics convictions is because the perpetrators work very well. To overcome the obstacles prosecutors carry out an activity, one of which is holding knowledge sharing meetings between law enforcers and related agencies, to gain unity in perceptions in handling Narcotics crime cases. Then carry out management improvements, so as to minimize the opportunity for narcotics crime to occur. Starting from the practice of handling narcotics crime, the first origin of narcotics crime is from one of the weaknesses of management.
Owner's Responsibilities of Vehicles Used as Illegal Public Transport When Traffic Accidents Happened Hesti Kristi Wahyudi; Sri Kusriyah
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.v4i1.13693

Abstract

The research objectives to be taken in the intended research plan are as follows: To know and analyzecriminal law construction for owners of vehicles used as public transportation or commercialized. To find out and analyzeconstruction of criminal law is the responsibility of owners of vehicles commercialized as public transportation. To find out and analyzesolution to the problem of responsibility of vehicle owners who commercialize their vehicles illegally when a traffic accident occurs on the highway. The method used by researchers isjuridical sociological approach to law and the specification in this research is including analytical descriptive. Based on the results of that research Construction based on criminal law Act No. 22 of 2009 concerningTraffic and road transportArticle 308 is a sanction for every person driving a public motorized vehicle not equipped with a license to carry out person transportation/not having a route. The construction of liability criminal law is based on Act No. 22 of 2009 concerningTraffic and road transport Article 315 states that when a criminal offense is committed by a Public Transportation Company, the criminal liability is imposed on the Public Transportation Company by adding a maximum fine of 3 (three) times the fines specified in each article and also subject to additional penalties in the form of temporary suspension or revocation transport operating license for the vehicle used.The obstacles: there are no articles in the Road Traffic and Transportation Act No. 22 of 2009 that can be used to ensnare vehicle owners. The solution is to hope that this article will exist so that in the future it can create a deterrent effect for vehicle owners so that they do not go around operating their vehicle without being equipped with existing terms and conditions in accordance with the law and in the future it is also expected to prevent the occurrence of traffic accident victims in large numbers.

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