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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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Penerapan Diversi Sebagai Upaya Perlindungan Hukum Terhadap Anak Pelaku Tindak Pidana Fiska Ananda
Jurnal Daulat Hukum Vol 1, No 1 (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.v1i1.2566

Abstract

ABSTRAKAnak menjadi pelaku tindak pidana selalu meningkat, dalam kasus-kasus tertentu, anak yang menjadi pelaku menjadi perhatian khusus bagi aparat penegak hukum. Salah satu solusi yang dapat ditempuh dalam penanganan perkara tindak pidana anak adalah pendekatan restorative juctice, yang dilaksanakan dengan cara pengalihan (diversi). Diversi dilakukan untuk memberikan perlindungan dan rehabilitasi (protection and rehabilitation) kepada pelaku sebagai upaya untuk mencegah anak menjadi pelaku kriminal dewasa. Diversi terhadap anak pelaku tindak pidana dilaksanakan oleh ketiga komponen sistem peradilan pidana di Indonesia mulai dari kepolisian, kejaksaan hingga pengadilan.Kata Kunci: Diversi, Perlindungan Hukum, Anak.ABSTRACTThe number of children becoming a perpetrator are always increasing. In some certain cases, children that becoming a culprit are also being a special attention for the law enforcer. One of the solutions that could be taken in handling a children criminal cases is an approach of the restorative justice, which implemented by a diversion way. Diversion could be implemented for providing a protection and rehabilitation (protection and rehabilitation) to the perpetrator on the efforts for prevent the children becoming an adult culprit. Diversion to the children’s perpetrator are implemented by the three criminal justice component system in Indonesia including The National Police, The Attorney, until The Court.Keywords: Diversion, Law Protection, Children
Government Policy to Accelerating Legal Certainty of Land Through Complete Systematic Land Registration (PTSL) (Studies in Kendal District Land Office) Siti Sulistiyah; Umar Ma’ruf
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 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.v2i1.4152

Abstract

Problems in this study: (1) How is the implementation of activities in the District Land Office PTSL Kendal? (2) How the Government's policy to accelerate the legal certainty Landrights through PTSL ?. The method used in this research is the method of approach to socio-legal research, consisting of socio research and legal research. The results of this study are: (1) Implementation PTSL in Kendal District Land Office begins by planning activities PTSL by the Head of the Kendal District Land Office with pre inventory candidate and potential participants. (2) Government policy in speeding up the legal certainty of land rights through PTSL is based in Kendal land that already has a certificate covering an area of 13834.46 hectares.Suggestions in this study is consistent with the objectives of land registration is to provide certainty and legal protection to the rights holder, to reduce the escalation of disputes continues to grow, it is time for a land registration system through PTSL changed to positive land registration system.Keywords : Government Policy; Legal Certainty of Land Rights; PTSL.
Perlindungan Hukum Dengan Hak-Hak Pekerja Di PT Grab Semarang Asep Iswahyudi Rachman
Jurnal Daulat Hukum Vol 1, No 1 (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.v1i1.2637

Abstract

AbstrakPerkembangan perusahaan transportasi darat di kota semarang sekarang ini sudah banyak memakai teknologi aplikasi dalam memesan antar jemput dan pengiriman barang secara online. Semakin banyaknya pengguna transportasi online terutama dalam penggunaan GRAB di kota semarang.Grab berdiri seja tahun 2012 yang sudah memiliki banyak cabang di asia, terutama di indonesia, dengan berbagai fitur layanan menggunakan, mobil, taksi, motor dan layanan pengiriman. Pada Penelitian ini akan membahas hak-hak yang diterima oleh pekerja di PT GRAB Semarang untuk melindungi pekerja dengan hukum yang berlaku di indonesia.Kata Kunci : Pekerja Grab, Perlindungan Hukum, Hak Pekerja, Layanan Online AbstractThe development of land transportation company in Semarang city now it's a lot of application technology in ordering shuttle and delivery of goods online. More and more online transport users especially in the use of GRAB in Semarang city.Grab stands in 2012 which already has many branches in asia, especially in Indonesia, with various service features using, car, taxi, motor and shipping service. In this study will discuss the rights received by workers at PT GRAB Semarang to protect workers with applicable laws in Indonesia.Keywords: Grab Workers, Legal Protection, Worker Rights, Online Services
Policies and Strategies for Increasing Revenue Region Sector Through Tax Rya Rizqi Amalia; Lathifah Hanim
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.v1i4.4266

Abstract

The problem of this research is what strategies do for Boosting Regional Income Tax By Sector as well as what are the constraints and solutions in practice the tax collection. The method used in this study is a sociological juridical approach, in this case the authors emphasize research aimed at obtaining legal knowledge empirically by going directly to the field to see the condition of the actual tax collection practices.Based on the results of this study concluded that to streamline the management of taxes, some of the steps taken, among others, in addition to institutional changes also include improvements in the quality of human resources, with more technical personnel engage in structural and functional training. Meanwhile provided at taxpayer administer tax (especially payment) then checkouts cultivated close as possible to the location of taxes. Measures that have been done partly by making payments at BRI every district office, or can be deposited directly to the official tax collector. Obstacles encountered include the tax system is not maximized and necessary repairs, because it is still limited to the tax are estimated to have less control levels, whereas other tax sector is still using the old system (eg street lighting tax). The advice can be given in this study included the need for rigor in the implementation of tax legislation, this condition is manifested in the existence of a compromise in the tax collection system. In addition to the limited human resources, it is necessary to find a way out as soon as possible, whether fixed using existing human resources, cooperation with third parties in collecting taxes or empowering the village and district level personnel during the tax collection, especially for taxes routine. HR management is urgently needed, because given that if the tax levy can be optimally then tax receipts will always increase every year which will impact on the development of a local maximum.Keywords: Taxes; Autonomous Region; Local Revenue.
Role of Documentation and Legal Information Network (JDIH) Efforts in Fulfillment of Human Rights Dewi Sukmaningsih
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.v1i2.3276

Abstract

Indonesia is a country of law, and one of the characteristics of a state of law is the guarantee and protection of human rights, one of which is the right to obtain information, including the legal information that is information about the legislation both national and local. The principle of fiction (fictie) law states that any person considered to determine the existence of a legislation after its enactment, the ignorance of the people on the legislation, can not be excused. To that end, legislation information should be easily accessible. Issuance of Presidential Decree No. 33 of 2012 on Information and Documentation Network of National Law (JDIHN) isin order to fulfill the right to obtain legal information, especially information legislation. Management of Legal Documentation and Information Network by utilizing information and communication technology (ICT) makes legal information can be accessed quickly, easily, complete and accurate, thereby supporting the fulfillment of human rights, namely the right to obtain legal information properly.Keywords: Documentation and Legal Information Network, Efforts, Fulfillment, Human Rights
Juridical Analysis Of Prosecution Application Against Traffic Violators Through E-Ticketed System With CCTV Footage As Evidence Teguh Tri Prasetya; Eko Soponyono
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.v2i2.5429

Abstract

This study aims to identify and analyze the application of the prosecution and the inhibiting factors, as well as the implementation of action should be, against traffic violators through E-Traffic ticket system with CCTV footage as evidence. The approach method in this research is empirical juridical approach. Specifications are descriptive analytical research and analysis used is qualitative analysis. The results of this research are: 1) Implementation of action against traffic violators through E-Traffic ticket system with CCTV footage as evidence that E-Traffic ticket enacted to curb the traffic. If the conventional ticketed offenders will be dismissed by the officer and given a ticket, but the E-Traffic ticket there is not like it and if the offender has committed an offense. 2) inhibiting factors in the implementation of action against traffic violators through E-Traffic ticket system with CCTV footage as evidence, namely Traffic Police not yet have its own camera so that in its application to the camera's still a part of the Transportation Agency of Semarang. Data Regident must use a server connected to Traffic Police Coordinator and in every action must be coordinated to the Central Java Traffic Police Directorate which has the network. Supported yet the budget for delivery via Postal address listed on the vehicle registration is not yet fully in accordance with the ownership. 3) Implementation of action that should be against the violators of traffic through the E-Traffic ticket system with CCTV footage as evidence that by applying the principle of vicarious liability where a criminal liability imposed on a person for the actions of others (the legal responsibility of one person for the wrongful acts of another). This means that the current application and E-Traffic ticket system become Electronic Traffic Law Enforcement (ETLE) in can not be charged to the owner of the vehicle of origin, even though the vehicle has not been did name change / but still subject to the deed of sale and purchase of own popularity. That is because owners of vehicles, both cars and motorcycles, not entirely make the process behind the name. Keywords: Repression; Traffic Offenders; E-Traffic Ticket; CCTV Footage; Evidence.
Criminal Act Principles Policy Renewal of Criminal Act in Indonesia Sidik Purnama
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.v1i2.3320

Abstract

After Indonesia's independence, some legal experts Indonesia tried to make the Criminal Code itself in accordance with the characteristics of Indonesia based on Pancasila and legal values that live and thrive in Indonesian society, but the spirit of the legal experts of the Indonesian nation was not offset by a member legislative duty during the Old Order, New Order and the Reform Era. It was only during the reign of President Joko Widodo draft Act, especially criminal Act book on a book I had been passed in 2018 this with legalized the Draft Penal Code Book I into Act by the legislative period 2014 - 2019 will automatically bill the Penal Code which has been stalled for more than 56 years, has now become a legitimate Act although not enrolled gazetted in Indonesia. This research method using normative juridical approach. The results showed that essentially the principles and foundations of the criminal Act system and the colonial criminal Act still survive with a blanket and face Indonesia. Principles of criminal Act enactment space according to Criminal Code draft concept consisting of: according to time and according to place. The meaning and nature of criminal Act reforms can be divided into two parts: from the point of policy approaches; and on the angle of approach valuesKeywords: Policy of Positive Criminal Act; Criminal Act Reform.
Setting Positive Decision Which Fictitious In Act Number 30 Of 2014 On The Administration Of Government And Its Legal Consequences As The Object Of Dispute State Administration Risky Amalia; Rakhmat Bowo Suharto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 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.v2i3.5639

Abstract

Positive fictional setting in Act Number 30 of 2014 due to a legal fiction that require administrative authority to respond or issue a decision / action brought before it within the time limit as prescribed and if these prerequisites are not met, the administrative authority to grant deemed issuance of the decision / action filed legal to him. Fictitious such aims to provide assurance of the juridical side linked with a possible remedy to the court by parties who feel aggrieved, so that the silence of the administration equated with a written decision (written decision) that contains the approval even though his form is not physically written (unwritten decision). In brief,The issues raised 1) Why in Act Number 30 of 2014 on government administration is set on the fictitious positive decision 2) What about the legal consequences of the decision as a positive fictitious object of dispute TUN 3) What problems arise from a fictitious setting positive and what policy solutions need to be taken to overcome these problems. Aim to determine, analyze and assess the background and reasons underlying positive fictional setting in Act Number 30 of 2014 on public administration and to determine the legal consequences of the decision as a positive fictitious object of dispute TUN, and knowing what the problems arising from the positive fictional setting.    This thesis research method using normative juridical approach, normative legal research resources obtained from the library instead of the field, for the term that is known is the legal material. the normative legal research library materials is a basic material in the science research generally called secondary law. From the research results can be concluded that Fictitious setting positive consequences on the object of dispute in the State Administrative Court in the attitude of the state administration officials ignored requests citizens to a decision issued after the enactment of Act No. 30 of 2014 on Government Administration using test models in the form of an application to the State Administrative Court as provided for in Article 53 of Act Number 30 of 2014 are not formulated norms regarding procedural law petition fictitious positive this makes the Supreme Court Supreme Court Regulation Number 5 of 2015 as a guide for the State Administrative Court judge in resolving disputes positive fictitious petition the Court shall decide upon a maximum of 21 (twenty one) working days after the application is submitted and the decision is final and binding.Keywords: Setting Decision; Fictitious Positive; Object Dispute
Implementation of Government Regulation No. 2/2003 and Perkap No. 14/2011 on Code Enforcement in Polres Purworejo Purwanto Purwanto
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.v1i2.3334

Abstract

The purpose of this study was to determine the effectiveness of the law in PP 2/2003 of Police Regulation No.14 of 2011 of Police Purworejo. In accordance with the existing problems, then it can be taken a result that the implementation of the Police Regulation in police office of Senapelan not run well, because there is no doing dissemination to all members of the police office of Senapelan. In practice there is still a member of the Police office of Senapelan who committed the violation of disciplinary violations and the duty defaulters Police Regulation No.14 of 2011 on the prohibition of the institutional ethics Article 13 paragraph 1 have mentioned that every member of the Police banned avoid or reject the official orders and paragraph 4 fellow member KEPP prohibited from KEPP breach of agreement or disciplinary or criminal offenses. In the implementation of sanctions against members of the police in the police office of Senapelan committing criminal offenses only did the Code without prior Assembly Session at the General Court. Whereas in Article 22 paragraph states the following sanctions decided by the trial PDTH recommendations KEPP after the first proven criminal offense through the judicial process general to a court decision which has permanent legal force.Keywords: Law Enforcement, Code of Ethics.
The Giving Of Disciplinary Penalty of Civil Servants Based On Government Regulation Number 53 of 2010 in Governments of Demak Regency Muhammad Adib; Sri Kusriyah Kusriyah; Siti Rodhiyah Dwi Istinah
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.v2i4.8239

Abstract

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.

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