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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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The Transfer Of Productive Land For Industrial Interest Asep Hermawan
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.v4i3.17524

Abstract

This study aims to analyze & study the regulation of the practice of converting productive land into industrial land which often occurs in regions as the regional economy advances. The research uses a sociological juridical approach. Based on the research it was concluded that not all of the conversion of agricultural land to industrial areas can balance the food sector with the industrial sector. Act No. 5 of 1960 concerning Basic Agrarian Regulations, Act No. 41 of 2009 concerning Protection of Agricultural Land for Sustainable Food, & Government Regulation no. 1 of 2011 concerning the Determination & Transfer of Agricultural Land for Sustainable Food has clearly stated that the conversion of productive land can only be carried out for the public interest so that industrial interests are the exception, so that the regulation can balance the food sector.
Legal Enforcement by the Police against Child of Criminal Doer of a Traffic Accident Who Caused Death (Case Study in Traffic Accident of Police Traffic Unit of Cirebon City Police Juridiction) Anton Susanto; Ira Alia Maerani; Maryanto Maryanto
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.v3i1.8402

Abstract

The problems of this study were 1) the process of resolving the crime of traffic accident committed by a child which causing death in Jurisdiction Police Cirebon, 2) the difference between the completion of the crime of traffic accident by a child which causing death by perpetrators of adults in Police Cirebon City? 3) consideration of the law by the police in the Cirebon City Police enforcement of laws against the crime of traffic accident causing death committed by a child.The method used is research that combines Juridical and Empirical. The source of research data derived from primary data and secondary data obtained by collecting documents and interviewing criminal cases with informants.Based on research findings conducted by researchers regarding law enforcement in case of a traffic accident causing death committed by minors resolved with the criminal justice process method to process outside the criminal justice and restorative justice approach that is Diversion. Based on Act No. 11 of 2012 on the Criminal Justice System Child involvement of multiple stakeholders in the settlement became a mandatory provision. Constraints law enforcement officials in the execution of diversion itself is the factor of legal, officials law enforcement factors, community factors and factors of facilities and infrastructure.Keywords: Law Enforcement; Police; Accident; Traffic; Child.
Criminal Law Policy Against Actor Of Criminal Performance Persecution Muhammad Adiel Aristo
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.v3i1.8412

Abstract

In simple terms, it can be described that the act of persecution starts with the act of identifying, searching for and executing the perpetrators who are suspected of committing criminal acts based on the above reasons, or in other words, that persecution is an act of judgment without going through the proper process or procedure, which in criminal law called the act of vigilante (eigenrechting). The formulation of the problem presented is how is the criminal law policy towards the perpetrators of criminal acts of persecution. The method of approach in research uses normative juridical research specifications in the form of analytical descriptive. Data consists of secondary data obtained from literature or document studies. Based on the research, it can be concluded that for certain conditions, in the act of vigilantism, especially in the case of self-defense / property / honor, justification reasons can be used, because it meets the elements mentioned in the Criminal Code provisions, especially Article 49 of the Criminal Code. Unlike the case with the act of persecution, in the act of persecution there are no elements that can be used as justification and excuse for forgiveness in their actions, because when viewed from the process, the act of persecution, begins with finding,Keywords: Criminal Law Policy; Perpetrators; Criminal Acts of Execution.
Application Of Act No. 22 Of 2009 As A Traffic Accidents Countermeasures Management In The Blora Police Law Area Preliyanto Puji Utomo; Bambang Tri Bawono
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.v3i2.9373

Abstract

The problems discussed in this study are efforts to tackle traffic accidents by law enforcers in the Blora Police Law Area and the application of Act No. 22 Of 2009 On Road Traffic and Transportation to accident rates in the Blora Police Law Area. The approach 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 analysis, crime prevention theory and law enforcement theory are used. The results of the research show that the handling of traffic accidents by law enforcers in the Blora Police Law Area is carried out through preventive and repressive measures. Preventive efforts are carried out through routine patrol activities, zebra operations, counseling at schools and in the community and installing biilboard warning signs in accident-prone areas. The repressive effort is carried out through a series of investigative actions against traffic accidents which are guided by applicable laws and regulations. The application of Act No. 22 Of 2009 On Traffic and Road Transportation towards accident rates in the Blora Police Law Area is not optimal. The accident rate is still relatively high from year to year despite various efforts have been carried out. This is due to the lack of public awareness and legal culture of the community which does not support the programs implemented by the Blora Police Law Area in reducing the level of traffic accidents.Keywords: Implementation; Countermeasures; Traffic Accidents.
The Application of Fiduciary Guarantee in the Perspective of Islamic Law Wieke Dewi Suryandari
Jurnal Daulat Hukum Vol 4, No 4 (2021): December 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.v4i4.17952

Abstract

The development of economic activity in the world has an impact on the development of people's quality of life, thus increasing the need for funding to meet these needs. In addition, the majority of Indonesian people who are Muslim automatically bring Islamic law into their daily life in various fields, including in economic activities. Fiduciary guarantees are possible in a murabahah contract if the financing company acts as a seller (trader) who sells goods on credit to consumers, so not as a provider of funds that owes to consumers. Fund-raising activities to support business activities in the community are closely related to credit matters, the consequence is the need for a guarantee or known as fiduciary. Fiduciary guarantees are conventional products that are set to provide protection for creditors, especially if the debtor defaults. Fiduciary guarantees, which cannot be fully applied to all financial institution systems in Indonesia, need to be studied several times, especially in the view of the Islamic religion that uses the sharia financial system. The focus of the study that is used as the formulation of the problem is What is the current position of the application of fiduciary guarantees in Indonesia? and how to apply fiduciary guarantee according to the perspective of Islamic law?. The results of the study show that the practice of implementing fiduciary in Indonesia has a very important position and must be fulfilled by financing service providers. Meanwhile, according to the Islamic view, there is no fiduciary guarantee in the aspects of Islamic law but the matter of guarantees can be equated with rahn. Thus, in Islamic Financial Institutions guided by rahn as a guarantee system for lending and borrowing activities in accordance with Islamic law, this is based on the word of Allah QS. Al-Baqarah verse 283 and Act No. 21 of 2008 concerning Islamic Banking.
The Strength of Proof of Telephone Tapping As Electronic Evidence in Revealing Corruption Cases Aga Wigana Wigana; Maryanto Maryanto
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.v3i1.8399

Abstract

This study try to answer the question: 1) Why is the wiretapping in investigations of corruption, 2) How wiretapping conducted in the investigations conducted by investigators of corruption, connected with the legal provisions in force of Indonesia 3) In the circumstances of how the interception of the telephone as electronic evidence can be accepted as evidence legitimate in the proof of corruption cases. This research using normative juridical approach, with specification of descriptive analytical research. The data used in this research is secondary data obtained from books and scientific papers as well as data tertiary derived from articles and Internet news, dictionaries legal and material outside the legal field which is then analyzed qualitatively using equity theory, the theory of punishment, the theory of legal certainty and the theory of legal protection.Results of the discussion concluded that Wiretapping (Interference) by phone is required to disclose the existence of corruption are the modus increasingly diverse, particularly for evidence of bribes or gratuities are not reported, the constraints are rules about wiretapping not been clearly defined, especially for police investigators and investigators prosecutors, therefore it needs to be regulated in Law on wiretapping which contains a complete 'authority, mechanism or procedure for tapping activities and results, in addition to tapping activities undertaken should continue to promote the values of human rights of citizens, in addition to telephone tapping can be accepted as valid evidence in trial of corruption cases, if the principles of retrieval and storage of electronic data (chain of custody) maintained to ensure its validity as electronic evidence in proving the case in court.Keywords: Strength of Evidence; Tapping; Electronic Evidence; Corruption.
Analysis Of Criminal Liability As Doer Of Preening Criminal (Case Study In The Blora State Court) Haris Wahyu Sunarno; Akhmad Khisni
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.v3i1.8779

Abstract

Criminal beatings lately occur a lot because of actions from one person to another outside the normal limits. Crimes that often occur are beatings regulated in the criminal law book, namely Article 170 of the Criminal Code. The formulation of the problem in this study is how is the form of criminal responsibility towards the perpetrators of the beating crime committed by more than one perpetrator, and what are the obstacles in the criminal justice process against the perpetrators of the beatings and their solutions. The method used in the form of sociological juridical research specifications descriptive analysis. Data consists of primary data and secondary data taken by the method of document collection, interviews, and literature study. Based on the research it was concluded (1) The form of a system of criminal justice process in the flow of the trial in the decision Number 94 / Pid.B / 2019 / PN Bla as a form of criminal responsibility towards the perpetrators of beating crimes that are processed in the criminal justice process, (2) Obstacles deep inhibition in the criminal justice process against the perpetrators of the beating crime including the investigation process in presenting witnesses, the prosecution process that takes time, and article 170 of the Criminal Code which still has ambiguous in theoretical.Keywords: Criminal Liability, Beating Criminal Acts
The Role of Regional / City Governments in Developing and Supervising Of Village Regulation Adhe Ismail Ananda; Sri Kusriyah
Jurnal Daulat Hukum Vol 3, No 3 (2020): September 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.v3i3.11267

Abstract

The research objective was to identify and analyze the role of district / city government in the guidance and supervision of village regulations. This research method is a normative-empirical approach, by examining Laws and regulations related to the role of district / city local governments in fostering and supervising village regulations with their implementation. The conclusions from the results of this study indicate that in the formation of a Village Regulation, the role of district / city Regional Government is regulated in Article 115 of Act No. 6 of 2014 concerning Villages, one of which is to provide guidelines for drafting village regulations and village head regulations. The technical guidelines for the preparation of village regulations in Kolaka district are regulated in Perda No. 4 of 2009 in its implementation the technical guidelines are still very difficult to adjust to the current conditions due to the issuance of the Law of Permendagri No. 6 of 2014 concerning the Village.Keywords: Coaching; Supervision; Regional Government; Village Regulations; Regent Regulation.
The Juridical Overview of Health Quarantine During the Covid-19 Pandemic Ragil Jaka Utama; Umar Ma'ruf; Sri Kusriyah
Jurnal Daulat Hukum Vol 4, No 4 (2021): December 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.v4i4.17526

Abstract

This study aims to determine the juridical review of quarantine after the Covid-19 pandemic and find out whether its implementation has been carried out and implemented in Indonesia. The type of research used is normative research or library research, its meaning that this research is based on library sources to discuss the problems that have been formulated. By examining secondary data by conducting an investigation of the study including a description of the research subject. In this study, the data used in this study were secondary data and primary data. The secondary data used in this study is the law used in the study, the primary data used is the regulations in Indonesian legislation that have been set by each local government. The data consists of books, articles in journals and other media, including unpublished research and papers related to and explaining the concepts of quarantine and social distancing during a pandemic situation. The results of the study explain that the Health Quarantine Act carried out by the government in protecting the spread of Covid-19 has been very well implemented. This is reinforced by Government Regulation number 21 of 2020 which explains PSBB and handling related to the Covid-19 pandemic. The implementation of this legislation is the establishment of a Health Quarantine Officer who is the only person authorized to enforce the law. Further cooperation for law enforcement at the local government level requires delegation from the central government, which will be carried out further by the Minister of Health.
Implementation of Itsbat Nikah as A Way To Get The Legal Power Which is not Recorded Achmad Budi Waskito
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.v1i2.3325

Abstract

Article 2 (1) states the Marriage Act, marriage is valid if it is done according to the law of each religion and belief. Furthermore, Article 2 (2) states every marriage is recorded in accordance with the legislation in force. Thus a marriage must comply with religious law and positive law. Statements about the validity of marriages taking place before Act No. 1 of 1974 concerning marriage and run other regulations. Solutions that marriage is not recorded can be reached by way of itsbat nikah propose marriage to the Religious Courts under Article 7 Compilation of Islamic Law (KHI). According to Article 7 paragraph (1) KHI marriages under Islamic law can only be proven with Marriage Certificate made by the Registrar of Marriage Officer. On the one hand Regulation Legislation Indonesia expressed registration of marriage is the only evidence of the occurrence of marriage, but on the other side of the law provide a way out for people who can not prove their marriage with the street Determination of Marriage (Itsbat nikah). Itsbat nikah as the authority of the PA need for legal protection should be equivalent law or legal rules included in the sort order legislation.Keywords: Implementation of Itsbat nikah, Religious Courts Authority, Marriage Not Recorded.

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