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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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Settlement Policy of Criminal Actions which Performed by Children through Penal Mediation Feri Satria Wicaksana Effendy; Arpangi Arpangi
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.v4i2.15744

Abstract

One form of progressive law in the Juvenile Criminal Justice System is the existence of penal mediation. The benchmark for the positive implications of penal mediation as a force is expected to encourage efforts to alleviate various issues that have been identified. Thus, the conditions for implementing penal mediation as the embodiment of Pancasila values in order to support the rule of law in the context of national development are expected to be truly realized. The problem in this research is how is the technical implementation of penal mediation in Indonesia? and How is the Penal Mediation Process at the stage of Investigation, Prosecution and Examination in Court Sessions. The method used in this study is normative juridical, which relates to the policy of resolving crimes committed by children through penal mediation. Penal mediation in the Juvenile Criminal Justice System Act is called Diversion. In accordance with Article 7 paragraph (1) of Act No. 11 of 2012 concerning the Juvenile Justice System, at the level of investigation, prosecution and examination of children's cases in district courts, diversion must be sought, based on a Restorative justice approach.
Juridical Analysis Related To Confidentiality Of Notary Liability D Djunaedi Djunaedi
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.v4i2.15576

Abstract

Notary protection related to confidentiality, especially in the law enforcement process, has not been able to materialize effectively. This is because there is no real protection system for notaries who reveal the confidentiality of their rights in the law enforcement process. This writing uses an empirical juridical method. As for the results of existing research, it can be found that the fact that the limitations of a notary in maintaining the confidentiality of a notary's duties based on the Notary's Position Law are that notaries must keep secrets related to their position. The notary is obliged to keep the contents of the act secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drawing up of a deed and if he is made a witness in a case, can exercise his right to resign as a witness. However, it often happens that in a law enforcement process, a notary who is asked to assist in proof by disclosing the confidentiality of a deed that he has made can be sued and threatened by legal sanctions both in civil terms, namely acts against the law or for criminal reasons. Therefore, it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement.
The Criminal Sanctions Implementation of Personnel Sexual Violence on Under Age’s Children (Minors) Afandi Afandi; Umar Ma'ruf
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.v4i1.13886

Abstract

The objectives of this research are: To analyze and explain implementation of criminal sanctions for perpetrators of sexual violence against minors. To analyze and explain constraints and solutions implementation of criminal sanctions for perpetrators of sexual violence against minors. The method used by researchers is a sociological juridical legal approach and the specifications in this study are descriptive. Based on the results of the research that the implementation of criminal sanctions for perpetrators of sexual violence against minors according to Act No. 23 of 2002 can be implemented and applies Article 82 of Act No. 23 of 2002 and Article 290 paragraph 2 of the Criminal Code that the defendant is proven to have fulfilled the objective elements and The subjective elements contained in both articles carry a maximum penalty of 15 years in prison and a minimum of 3 years in prison. The obstacles are: a) when the perpetrator of a criminal act of sexual violence against children knows that he has been reported by the victim to the police. b) The investigator has limited time in processing files of the crime. c) Lack of information about the perpetrator also makes it more difficult for investigators to find the perpetrator. d) It is difficult for the investigator to obtain information from the victim who has severe trauma. e) In investigating criminal acts of sexual violence against children, one of the steps the investigator takes to obtain evidence of a criminal act of sexual violence against children is to take a post mortem. The solution is: a) the investigator takes steps to collaborate with the police from various regions to find the whereabouts and secure the perpetrator. 
The Diversion in Law Enforcement of Criminal Action of Children in the Judicial System of Children Danang Sucahyo; Aryani Witasari
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.v4i1.13694

Abstract

Handling of crimes committed by children is carried out through the juvenile criminal justice system, as regulated in Act No. 11 of 2012. In Act No. 11 of 2012, the settlement of criminal cases of children is carried out by means of a diversion mechanism. This study aims to determine and examine diversion in law enforcement of child criminal acts in the juvenile criminal justice system. 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 result of this research is that diversion is a persuasive action or an approach that aims to invite people to obey and enforce the law while still considering the sense of justice as a top priority in addition to providing opportunities for perpetrators to improve themselves. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime.
The Realization of People's Sovereignty Through Recall of People to Elected Legislative Members Lukman Nulhakim; Siti Rodhiyah Dwi Istinah
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.v4i2.15745

Abstract

The purpose of this study is to analyze the recalling system of legislative members in Indonesia that does not reflect the value of Pancasila justice; as well as obstacles and solutions to the recalling of legislative members in Indonesia that fulfill a sense of justice and Pancasila values. The research method used is an empirical juridical approach. Research conclusions is the recalling system for legislative members in Indonesia has not reflected the value of Pancasila justice, especially the four principles of Pancasila, namely democracy led by wisdom/deliberation, and eliminating the election system based on Open Proportionality, where constituents do not choose parties but elect candidates. Obstacles in recalling legislative members in Indonesia restrain legislative members from voicing their opinions and their efforts to fulfill the demands of their constituents and their nation, and make legislators no longer become representatives of the people but merely party officials. Recalling members of the legislature should be returned to the sovereignty of the people through the General Election Commission which determines and determines the elected legislative member, whether an elected legislative member can be recalled by his party or not, and as a form of people's sovereignty, regulations should be made regarding terms, conditions and procedures of people from the electoral area of elected legislative members to be able to recall the legislative members who are representing them to the General Election Commission, and if there is a dispute between the people recalling the recalled members or their political parties, the dispute can be carried out through the Constitutional Court or Supreme Court.
Assessing and Encouraging Progressivity of Post-Mining Activities Arrangements Sigit Wibowo; Lita Tyesta ALW; Kornelius Benuf
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.v4i2.15713

Abstract

Mineral and coal mining activities have an impact on environmental damage. So that to overcome the environmental damage, a policy is made regarding post-mining activities. In essence, post-mining activities are an effort to restore the functions of the natural environment and social functions and are adjusted to local conditions in the mining area. However, the policy that was previously regulated in the old Mineral and Coal Law has not been effectively implemented. The existence of regulations regarding post-mining activities in the new Mineral and coal Law is expected to be more progressive. The problem is how is the progress of regulations regarding post-mining activities in the new Mineral and Coal Law? This problem will be examined in this paper using normative juridical research methods. Based on the research results, it is concluded that there is no progressive regulation of post-mining activities in the new Minerba Law, so it is necessary to have progressive regulations regarding post-mining activities in the future.
Antinomy of Community Participation Rights in the Law on the Environmental Sector Febriansyah Ramadhan; Ilham Dwi Rafiqi
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.v4i3.17212

Abstract

Issues of deprivation of rights and discrimination are topics that are always discussed in Indonesia, which is known as a democracy. Community participation is one of the important instruments for indicators of the success of democracy in a country which is carried out in various sectors of life. This research will look at how to regulate community participation rights, especially in the development sector and environmental management. This study uses normative juridical research with a statutory and conceptual approach. The results of the study indicate that conceptually the right of community participation in the environmental sector is an elaboration of the guarantee of good and healthy environmental rights. The right to the environment is a procedural right that cannot be separated from other rights. Regulations regarding community participation rights scattered in various environmental sector laws still contain antinomies that result in inconsistencies in the participation model and guarantee legal uncertainty. From here, efforts need to be made, such as ratifying the Declaration of the Right to Development into law and/or enacting a special law on community participation.
The Reviewing Concept of Asymmetric Decentralization in The Special Region of Yogyakarta Triwahyuningsih Triwahyuningsih
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.v4i3.17525

Abstract

The following research aims to analyze the background of the concept of asymmetric decentralization applied in the Special Region of Yogyakarta and aspects of asymmetric authority in the Special Region of Yogyakarta. This research method is normative legal research which is complemented by field research in the form of interviews with related parties. Using a historical approach (historical approach) and legislation (statute approach) It is concluded that the granting of asymmetric decentralization in DIY is due to philosophical, historical, juridical and sociological. The application of asymmetric decentralization in the Special Region of Yogyakarta in the form of the special authority of DIY includes filling in the positions of Governor and Deputy Governor, Regional Institutions, Culture, Land and Spatial Planning.
The Choice Problems Of Presidential System In Indonesia Post-Reformation Siti Rodhiyah Dwi Istinah; Aryani Witasari; Fajar Fathan Fuadi; Muhammad Ali Maskun
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.v4i3.17516

Abstract

The purpose of this paper is to find out and analyze the problems of the choice of the presidential system in the post-reformation of Indonesian state administration. The research method used is normative juridical, using a statutory approach. The data used is secondary data, with primary legal material from the 1945 Constitution and other laws and regulations. The results show that the choice of a presidential government system becomes a problem when juxtaposed with the multi-party system (combined phrase of political parties) in the 1945 Constitution. The MPR in the trial between 1999 and 2002 did not choose a quasi-presidential system in the original 1945 Constitution as well as a parliamentary system and explicitly transplant the American-style presidential system of government, without paying attention to ideological reasons and the identity and traditions of the state that have been explored by the nation's founders such as Soepomo, Soekarno and Muhammad Hatta. 
The Utilization Implementation of High Sea According to Sea Convention Ong Argo Victoria; Saleh Raed Shatat
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.v4i3.17555

Abstract

The purpose of this research is to find out how the implementation of the use of forms of freedom on the high seas according to the 1982 Law of the Sea Convention (UNCLOS 1982) and how the exceptions to freedom on the high seas according to the 1982 Law of the Sea Convention (UNCLOS 1982). The research method used in this research is using normative legal research methods and it can be concluded that the regulation regarding the high seas is contained in Part VII Article 86 to Article 120 of the 1982 Sea Law Convention to take advantage of the high seas. State freedoms on the high seas are freedoms in accordance with article 87, namely freedom of navigation, flight, laying submarine cables and pipelines, freedom to build artificial islands and other installations, freedom to fish, and freedom to conduct scientific research. Every given freedom can be used by every country but every country is obliged to maintain and utilize the high seas for peaceful purposes for the survival of human life. In addition to providing freedom to use the high seas, the 1982 Law of the Sea Convention provides exceptions to this freedom. Where every country is free to use the high seas but is not allowed to take illegal actions or violate the law, both national law and international law, which in its application are often violated by countries in the world. There are several exceptions to the freedom of the high seas such as the prohibition of slavery, piracy, trafficking in narcotic drugs and psychotropic substances, instant pursuit, illicit broadcasting, and pollution of the marine environment. So every country, both coastal and non-coastal countries, is required to cooperate in eradicating all forms of abuse of freedom on the high seas.

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