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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
Substantial Justice In Handling Of Child Actors "Klitih" Adi Wibowo; Umar Ma’ruf
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.v2i2.5411

Abstract

"Klitih" has become a negative label of the last few years in the area DIY. Lebel is pinned to the perpetrators of criminal acts of persecution accompanied by vandalism committed by children, the widespread and massive occur within this period and led to loss of life and property. Act No. 11 of 2012 on the Criminal Justice System of Children who are formally to be done by the Regional Police of Yogyakarta in the treatment of perpetrators of maltreatment ("klitih"), has not given the benefit and sense of justice to the people. This happens because the concept of juvenile criminal justice system does not provide a deterrent effect to the child as a criminal offender. The pattern of interaction of children is also one of the causes of delinquency,In the juvenile criminal justice system, there is the concept of restorative justice should be applied at the beginning of the judicial system (investigation), in order to provide protection (special treatment) for children in conflict with the law so as not to disturb or shut off the child's development. It is true that the protection obtained by children in conflict with the law (especially actors), but it is different for the victim and the community, not necessarily the effect of juvenile criminal justice system can provide substantial protection and justice for him.Keywords: Children, Klitih, Juvenile Justice System, Substantial Justice.
Legal Protection Against Children Being Victims Of Crimes Prosecution Stage In Kudus Dedy Nurjatmiko
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.v1i2.3281

Abstract

Protection of child victims in law enforcement process is essential to ensure the fairness of the essentials, in addition to criminal punishment to the perpetrators of the crime. This study aims to determine and analyze the consideration Requisitor prosecutors of the State Prosecutor of the case the defendant Child in Kudus of the rights of child victims. The method used in this research is juridical empirical method. Specifications research the authors use the descriptive analysis. Data collected in-depth interviews with the parties involved in research, direct observation and recording of documents. The survey results revealed the consideration of the Public Prosecutor in Requisitor yet fully protect the rights, rights of the victim, such as notifying the right to restitution.Keywords: Protection of Child Victims; Consideration Requisitor Public Prosecutor;  Restitution
Rehabilitation Policy Against Narcotics Users As A Study Of Act Number 35 Of 2009 On Narcotics Indah Rachmawati; Lathifah Hanim
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.v2i2.5554

Abstract

Writing is entitled "Rehabilitation Policy Against Narcotics Users As A Study Of Act Number 35 Of 2009 Concerning Narcotics". Based on the description in this thesis, that will be examined are: 1). How social rehabilitation program policies towards drug users that have been set by the Act Number 35 of 2009 on narcotics? 2). How social rehabilitation constraints against drug users and measures taken to address them? 3). How social rehabilitation program policies against drug users in the future from the study of Act Number 35 of 2009 on narcotics? The study concluded that: 1). Seeing the criminal provisions of Article 127 paragraph (2) and (3), it can be concluded that the judge in deciding the case mentioned in Article 127 paragraph (1) is obliged to pay attention to clauses governing the provision of rehabilitation so that later addicts and victims abusers of narcotics can The rehabilitation of both medical rehabilitation and social rehabilitation and no longer subject to imprisonment or imprisonment for rehabilitation is counted as time serving his sentence. 2). Constraints that come from this government by mentioning that there are five (5) constraints, namely: there is no stipulation of a special place for addicts and victims of abusers of narcotics for the rehabilitation, rehabilitation cost problem for convicted drug abuse, no rehab appointed by the Government, the differences between the testimony of the defendant, witnesses and Criminal laboratory results, there is a problem of execution. While the solution of the problems are: Need to immediately set a special place for addicts and victims of drug abuse for the rehabilitation, the Government should have the extra funds to finance all decisions rehabilitation for victims of substance abuse, the Government should have the scale of priority to the problem of rehabilitation, Investigator and the authorities in handling should be more careful in handling the problem of drug abuse and have proof of accurate, execution issue should be considered from the extent of the offense. 3). Law enforcement Law Number 35 of 2009 concerning Narcotics which is ideal must be accompanied by awareness that law enforcement as part of the legal subsystem, is also a social subsystem, so that the influence of the environment is quite influential on the principles of law enforcement and legal principles that apply in the national environment. civilized nationKeywords: Rehabilitation Policy, Narcotics, Rehabilitation.
Economic Integration And Environment In Organizing Ports Services (Management Of Juridical Analysis Of Tanjung Emas Port In Semarang) Widya Putri Idayatama; Rakhmat Bowo Suharto
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.v2i2.5658

Abstract

The study "Economic Integration and Environment in organizing Ports Services (Management Of Juridical Analysis of Tanjung Emas Port in Semarang)" aims to: 1) analyze the economic and environmental integration in port management. 2) analyze the economic and environmental integration in the management of the harbor at the port of Tanjung Emas in Semarang. 3) analyze constraints identified in the waste management of Tanjung Emas In Semarang.Methods of research in this thesis using Legal Social approach. Reresearch socio-legal research is helping to understand and provide the social and political context configurations that affect the law and its implementation. Through interviews with officials in the relevant port of Tanjung Emas Port Semarang, or by observation in the form of observations systematically involved in obtaining the data. Afterwards will be analyzed data obtained from various sources qualitatively. The results showed that: 1) economic integration with the environment which is run by PT. Pelindo III Semarang as a form of sustainable develoRegulationent 2) based on field data. Pelindo participate in environmental protection activities with the implementation of the rules of environmental controls derived from ISO 14001: 2015 and the units participating in the supervisory activities of environmental conservation 3) barriers that exist in the management of waste in the port of Tanjung Emas is not only Pelindo remember their other business entities that participate in managing the port.Keywords: Economic Integration; Environment; Ports Services Management
Criminal Law Protection Of Giving Rights Of Liability Is Not The Debtor Euis Listianti; Umar Ma'ruf
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.v1i3.3342

Abstract

In the practice of the loan agreement with collateral Mortgage made by banks as creditors, so if the debtor defaults in performing its debt to the creditor, the creditor has the right to make the execution of security object Encumbrance with its own power after first obtaining fiat yustitsia of the chairman of the court country where the land is located. In case of dispute the auction execution of mortgage security object between the Bank as the creditor with Zn as the debtor, as creditors of the bank's declared to have violated provisions of the law in the execution of security object security rights belonging to the debtor Zn. But in fact the execution and the execution of the auction object of mortgage collateral is in accordance with the provisions of Article 6 and Article 20 UUHT No. 4 of 1996 and also in accordance with the provisions and procedures of the auction procedure execution security object security rights under the laws of the auction. The problems addressed in this study is how to legality and legal power auction object execution Mortgage guarantees made at the request of creditors certificate holder.Keywords: Legal Protection, Criminal, and Encumbrance .
Judicial Activism In Criminal Case To Ensure The Human Rights Upholding (Study In State Court Of Semarang) Wilmar Ibni Rusydan; Umar Ma'ruf; Bambang Tri Bawono
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.v2i4.8347

Abstract

The purpose of this study was to describe, assess, and analyze as to what the underlying factors in implementing the Judge on Judicial Activism practice in criminal cases in order to ensure the upholding of human rights, then any obstacles encountered and solutions that were presented.This study uses a sociological juridical approach to research is descriptive analytical specifications. The data used are secondary data obtained through library research and primary data obtained through field research then analyzed qualitative use Progressive Legal Theory and Theory of Freedom and Discovery Law of Judge (Rechstvinding).The results of this study are: 1) Judge's decision to apply for Judicial Activism in criminal cases at least consider several factors, including legal developments always follow people who move quickly, in addition to the Act or other regulations are not always equipped to solve a legal case concretely, and also some other factors; 2) Obstacles that arise in practice Judicial Activism in criminal cases are divided into two (2) factors, namely the internal source of personality and emotionality judges themselves, then external factors relating to the legal system of a country.Keywords: Judicial Activism; Criminal Case; Judge; Human Rights.
Restorative Justice Approach on The Under Age (Minors) Violator of The Traffic Case Accident (Laka) That Lead to Death in Polres Majalengka Malik AL-Ghazali
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.v1i3.3371

Abstract

The research is qualitative research in the form of descriptive analysis using sociological juridical approach. Types and sources of data used are primary data and secondary data. Data collected through the study of literature and interviews, while the juridical analysis using qualitative analysis. The approach used for the treatment of children in conflict with the law based on values, principles and norms. Pure approach puts the welfare and well-being approach to legal intervention. The punishment model approach to restorative justice called today considered more feasible. For the sake of freedom and rights of the child (fundamental rights and freedom of children) as well as the various interests related to the welfare of children. A limiting factor in the application of Restorative Justice against children in violation of the Act Traffic is due to the factor of legislation often misinterpretation, the factor of law enforcement is the lack of knowledge and skills of investigators in solving criminal cases traffic, factors of infrastructure, a factor of society who do not know information about Restorative justice, Cultural factors personal character actors and victims and their families who do not support the case outside of court settlement or peace. Efforts of traffic guards to avoid conflicts / complaints by victims neutral officer, the offender is directed to the relationship and extend our condolences to the victims, conduct deliberations and request assistance from the Institute of Corrections.Keywords: Restorative Justice; Traffic Accident; Child Actors.
Law Protection And Criminal Responsibility Of Land Deed Official (PPAT) On The Deed He Made Fajar Fitrio Dwi Nugroho; Amin Purnawan
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.v2i4.8384

Abstract

The purpose of this study was to analyze the responsibility of PPAT, the precautionary principle and law protection of PPAT on deed made (case study in State Court of Salatiga Decision 43 /Pdt.G/2017/PN. Slt). The approach used in this study is a sociological juridical methods with specifications this study uses descriptive analytical type. Data collection techniques using primary data through interviews and secondary data is by doing an inventory of the literature books, documents, articles. Qualitative analysis techniques. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land.Keywords: PPAT; Legal Protection; PPAT Responsibility; Precautionary Principle.
Execution of Recognition of Grosse Documents Made Payable Notary Rekowarno Rekowarno
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.v1i3.3405

Abstract

This study, entitled: Implementation of Execution of Deed of Acknowledgment of Debt Groose Created Notary, the problems of this study are 1) How is the execution of the Deed of Acknowledgment of Debt Groose made Notary? 2) What are the barriers and solutions in the execution of the Deed of Acknowledgment of Debt Groose made Notary? The method used in this research using normative juridical approach, which includes research principles of law, the legal systematics, synchronization of law, legal history and comparative law. The results using this method Sociological Juridical conclude that: 1) Execution of a debt recognition grosse deed as authentic deeds in the lending agreement, can only be carried out under the leadership of Chairman of the Court (court fiat) local. Not that grosse deed of acknowledgment of debt which includes the phrase, "As Justice Based on God" the legal force equivalent Court decision that has binding can be carried out executions without trial fiat (parate execution). Precisely because equated with court decisions that have permanent legal force, the implementation of the execution must be at the behest and under the leadership of Chairman of the Court, 2)Barriers execution grosse deed of acknowledgment of debt arose because of noncompliance with formal requirements, the form must be as specified by the Act and the terms of material, which is the amount of debt must be certain or uncertain, the deed must be an acknowledgment of debt unilaterally from the debtor, and not to be confounded with the grosse deed mortgages. These problems can result grosse deed recognition execution request Debt can not be accepted by the President of the Court State and cause grosse deed of recognition The debt does not have the power executorial,Keywords: Execution Groose, Deed of Acknowledgment of Debt, Notary.
Regional Police Role Of Central Java In Prevention Of Domestic Violence Act In The Family Wina Angrayini; Sri Endah Wahyuningish
Jurnal Daulat Hukum Vol 1, No 4 (2018): December 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.v1i4.4007

Abstract

Domestic violence is still a lot going on regardless of social strata, economic, age, education level even. Polri plays an important role in the prevention of the domestic violence act. The problem is analyzed using the theory and the theory of crime prevention role. The results showed that the Central Java Police's role in the response to domestic violence is at the preventive and repressive efforts. Preventive efforts to optimize the function Binmas in executing is Bhabinkamtibmas by conducting outreach and dissemination to the public. While the repressive efforts carried out through investigation procedure as the provisions of the legislation applicable to the mediation efforts remain to be done. The obstacles that appear in the response to domestic violence in the Central Java Police is the public perception of the cases of domestic violence is considered a regular problem and not a criminal case, the lack of a witness in the trial of domestic violence, limited human resources and infrastructure to protect the victim. As an attempt to overcome these obstacles is to change the public perception that by doing counseling and socialization of domestic violence is routine and ongoing, came to address the witness for questioning as a witness, working with agencies / NGOs and by following the development education specialist of Polwan PPA. Associated with limited facilities and infrastructure in the protection of victims is cooperation with NGOs that provide shelter.Keywords: Prevention; Domestic Violence Act