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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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Corporate Finance Legal Protection as a Recipient Fiduciary Warranties Made Object of Evidence in Criminal Problem Tegar Firmansyah
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.v1i3.3353

Abstract

. In a consumer financing agreement in the form of a motor vehicle then the finance company will carry out the object binding fiduciary insurance for motor vehicles which have been delivered to the consumer. Fiduciary purpose vehicle that has been delivered to the consumer is to secure the creditor on the agreements that have been made of the risk of a breakdown of installments or transferred vehicle that has been tied with the fiduciary guarantee. Mastery of objects that remain in the possession of the debtor could be used to commit a crime which causes fiduciary object used as evidence in court and until the court decision object was confiscated by the state guarantee. The research is qualitative research in the form of descriptive analysis using normative juridical approach. Legal protection against creditors under Article 20 of Act No. 42 Of 1999 regarding Fiduciary stating fiduciary fixed object fiduciary assurance follow wherever located or when objects are on the fiduciary third party then the lender has the authority to take it. Article contains the principle Droite de Suite. The legal consequences of confiscation by the state that is the position of the objects belong to the state and the object can not be used by anyone. Deprivation of fiduciary objects do not cause the voidance of fiduciary so that the debtor shall replace objects fiduciary pursuant to Article 1131 Civil Law Book.Keywords: Legal Protection; Fiduciary; Corporate Financing; Equipment Evidence.
The Implementation of Regional Regulations in the Process of Filling in the Village Civil Service Siti Zuliyah; Triwahyuningsih Triwahyuningsih
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.v4i4.17989

Abstract

The purpose of this study, firstly, is to describe the process of filling in the Village Civil Service Officer in Sleman Regency, Yogyakarta Special Region and secondly to find out whether the mechanism for filling out the Village Civil Service Officer is in accordance with Regional Regulation No. 10 of 2019. This research is an empirical legal research, namely legal research that examines and analyzes people's behavior in relation to the law. The approach method uses a juridical, sociological approach. Methods of data collection through literature study, interviews and observations, then the data were analyzed by qualitative descriptive method. The results of the study concluded that the process of filling in the village civil service in Sleman Regency: The village head formed an appointment committee to conduct screening and screening through the selection of administrative requirements and administering the exam. Furthermore, the results of the selection of candidates for village civil service at least 2 (two) candidates based on the highest score are requested for consultation with the sub-district head to obtain a recommendation to be appointed as village administrator. 10 of 2019 can be applied according to the rules, namely the formation of a committee, administrative selection, exam materials, a team of examiners, but there are still weaknesses, including the requirements for candidates who are considered burdensome, must be supported by at least 15% of the population, lack of socialization, the existence of several villages that are less open in the process of filling the village civil service.
The Role of Attorney As the Guards Team Of Security Government And Regional Development In The Prevention Efforts Of Criminal Corruption (Case Study In State Attorney Of Purworejo) Sujatmika Sujatmika; Maryanto Maryanto
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.v2i4.8369

Abstract

The efforts to overcome of the Corruption by law enforcement can be done by way of prevention (preventive) and prevention (repressive).The problems of this study are: Guards Team Establishment, Security Government and Regional Development in the law enforcement of corruption in the State Attorney of Purworejo. The Role of the Prosecutor as Guards Team of Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo, a limiting factor of the role of the Prosecutor as Guards Team , Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo and solutions.This research use socio-juridical approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from interviews with field studies Public Prosecutor in the State Attorney of Purworejo, And secondary data obtained from the study of literature relating to the theory of supervision, authority and law enforcement.Based on the results of research that Purpose of establishing of the Guards Team of Security Government and Regional Development, namely: 1) the loss of doubt the power of the budget (KPA), the power of the commitment (KDP), and implementing activities in carrying out its activities, 2) absorption of the budget properly and on time, and 3) development of Purworejo run properly and without corruption. The role of the Attorney divided into three normative role, the ideal role, and the role of factual. Inhibiting factor is the factor of its own law, law enforcement apparatus which is not widely understood rule of law, the factors supporting infrastructure and inadequate facilities, community factors and cultural factors. Solutions to overcome obstacles, namely: a) Prevention / preventive and persuasive, b) Legal Assistance; c) Coordination with APIPs and / or related agencies; d) Conduct Monitoring and Evaluation; and e) The Enforcement of Repressive Laws.Keywords: Attorney; Corruption; Role; Guard Team of Security Government and Regional Development; Crime.
Outcome Measures Non-Performing Loans on BPR Sejahtera Klaten of Central Java Riskha Amaliya Lubis; Maryanto Maryanto
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.v1i3.3400

Abstract

If there are non-performing loans carried out by the debtor, then the bank can take action to overcome the problem loans. In the course of installments in the event of a month (double / substandard), the Bank's officer will make a collection to return smoothly, but in reality the debtor is difficult, to meet with the Bank. Factors that cause the BPR Sejahtera Klaten. Selecting non-litigation pathways in resolving problem loans. Because it saves time, costs, outputs that can be Achieved, approaches with good faith, the ability to pay customers are considered. In taking out credit guarantees, the bad creditors can not enforce coercion Because It is an illegal act. Therefore the problem of bad credit requires a wise solution where the parties do not feel disadvantaged.Keywords: Non-Performing Loans; Wise Settlement.
Protection Analysis Of Children Rights That Was Born From The Rape Causing (Study in State Court (PN) in Ex-Residency Cirebon Jurisdiction) Endang Kusnandar; Anis Mashdurohatun; Siti Rodhiyah Dwi Istinah
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.v3i1.8395

Abstract

Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.
Politics of Law Handling of Criminal Acts of Terrorism (Case Study In The District of Kudus) Subkhan Subkhan; Widayati Widayati
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.v1i4.3930

Abstract

Terrorism is a criminal act tremendous concern today's world, especially in Indonesia. Terrorism that occurred in Indonesia lately has associated ideological, historical and political as well as a dynamic part of the strategic environment at regional and global level. Terrorism is in fact an act which violates humanitarian and human rights as well as the proof that terror is the action of a very cruel and did not take into account, disregard and ignore the human values referred to in the second principle of Pancasila which became ideology Indonesian Nation humanity fair and civilized.In general, the legal political handling of criminal acts of terrorism in Indonesia as a strategic step taken by Government Regulation No. 1 of 2002 Post-Event 1 Bali bombings to face a precarious state that fills a legal vacuum. That then pass the regulation established as Act No. 15 of 2003 on the Eradication of Terrorism does not diminish its value as a legal norm, but in the development of the substance of legislation are assessed tend to be repressive and still found the articles that have not been able to cover the dynamics of the spread of ideology radical who became the mother of terrorism, and prevent acts of terrorism itself.Regulation alone is not appropriate presumably in combating terrorism, therefore we need other measures comprehensively, integral, planned and sustainable in the form of legal policy in order to cover the lack of normative law, by improving awareness and knowledge about the nationality and religious teachings properly , so that people can always be responsive and alert to the movement of radical groups that developed in the surrounding area.Keywords: Politics of Law; Handling, Management of Terrorism Crime.
Kewenangan Kepolisian Dalam Menangani Tindak Pidana Pertambangan (Ilegal Mining) Menurut Undang-Undang Nomor 4 Tahun 2009 (Studi Di Kepolisian Negara Indonesia) Dany Andhika Karya Gita; Amin Purnawan
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.v1i1.2561

Abstract

ABSTRACT  This research is entitled The Authority of Police in Handling Mining Criminal Act According to Law Number 4 Year 2009 (Study in Indonesian National Police). The purpose of this research: 1) To know and analyze the authority of Police in handling illegal mining according to Law Number 4 Year 2009 regarding Mineral and Coal Mining. 2) To evaluate preventive and repressive efforts by the Police in illegal mining in Indonesia.Research Result: 1) The authority of the Police is the authority as stipulated in Law Number 2 Year 2002 regarding the Police of the Republic of Indonesia. The duties and powers of the Police are regulated in detail in Chapter III. In the execution of duties (Articles 13 and 14), the Police are granted the authority described in Article 15 and Article 16 with further provisions in Article 17, Article 18, and Article 19. 2) a. Preventive efforts in conducting patrols, raids, security operations conducted routinely and provide socialization to the public about the importance of creating security and how to overcome illegal stone mining and approaching with local residents to do pekon not to do illegal mining activities. While repressive efforts are done by optimizing the efforts of prosecution and collect evidence to act legally illegal mining actors with the provision of sanctions firm and deterrent effect and through mediation of the parties litigation so that the perpetrators do not need to be processed through criminal sanctions.Key Words: Police Authority, Crime, Mining ABSTRAKPenelitian ini berjudul Kewenangan Kepolisian Dalam Menangani Tindak Pidana Pertambangan (Ilegal Mining) Menurut Undang-Undang Nomor 4 Tahun 2009 (Studi di Kepolisian Negara Indonesia). Tujuan Penelitian ini : 1) Untuk mengetahui dan menganalisis kewenangan Polri dalam menangani ilegal miningmenurut Undang-Undang Nomor 4 Tahun 2009 tentang Pertambangan Mineral dan Batu Bara. 2) Untuk mengevaluasi upaya preventifdan upaya represif yang dilakukan oleh Polri dalam Tindak Pidana Pertambangan (ilegal mining) di Indonesia.Hasil Penelitian : 1)Kewenangan Polri adalah wewenang yang tertuang dalam Undang-Undang Nomor 2 Tahun 2002 tentang Kepolisian Negara Republik Indonesia. Tugas dan wewenang Polri diatur secara terperinci di dalam Bab III. Dalam pelaksanaan tugas (Pasal 13 dan Pasal 14), Polri diberikan wewenang yang dijabarkan dalam Pasal 15 dan Pasal 16 dengan ketentuan lebih lanjut pada Pasal 17, Pasal 18, dan Pasal 19.2) a. Upaya secara preventif yaitu melaksanakan patroli, razia, operasi keamanan yang dilakukan secara rutin dan memberikan sosialisasi kepada masyarakat tentang pentingnya menciptakan keamanan serta cara mengatasi penambangan batu ilegal serta melakukan pendekatan dengan warga sekitar melakukan rembuk pekon untuk tidak melakukan kegiatan penambangan batu secara liar. Sedangkan upaya represif yang dilakukan adalah dengan mengoptimalkan upaya penindakan serta menghimpun bukti-bukti guna menindak secara hukum pelaku penambangan batu secara liar dengan pemberian sanksi tegas dan berefek jera serta melalui mediasi terhadap para pihak yang berperkara sehingga pelaku tidak perlu di proses melalui sanksi pidana.Kata Kunci : Kewenangan Kepolisian, Tindak Pidana,Pertambangan 
Awareness on Constitutional Rights of Citizens and Form of Protection of Constitutional Rights of Citizens in Indonesia Tafta Aji Prihandono; Sri Kusriyah Kusriyah; Widayati Widayati
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.v1i4.4145

Abstract

In the Constitution of the Republic of Indonesia of 1945 Article 1 (3) explicitly states that Indonesia is a State of Law. One element that is owned by the state law is the fulfillment of basic human rights as expressed by Friedrich Julius Stahl. Efforts to achieve a constitution that can follow the progress and will meet the basic human rights, the constitution must have a dynamic aspect and were able to capture the phenomenon of historical change, so as to make it as a constitution that is always alive. Only problem is the performance of the Government as the executor of the constitution (executive, legislative and judicial) still do not provide justice and satisfaction for those seeking justice, therefore the necessary awareness of constitutional rights of citizens in Indonesia. Efforts to protect the constitutional rights of Indonesian citizens can be done through the court and non-court lines, and can also via maximize the role of the Constitutional Court to extend its authority. The expansion of the authority of the Constitutional Court may be to accommodate Constitutional Complaint and Constitutional Question.Keywords: Awareness; Constitutional Rights; Form of Protection.
Peran Kepolisian Dalam Sistem Peradilan Pidana Terpadu Terhadap Penanggulangan Tindak Pidana Perjudian Eddy Santoso; Sri Endah Wahyuningsih
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.v1i1.2632

Abstract

AbstrakSaat ini, perjudian sudah dalam tahap menghawatirkan. Perkembangan perjudian semakin cepat dan bervariasi, meskipun tindak pidana perjudian merupakan kegiatan terlarang dan dikenakan sanksi, namun tindak pidana ini sulit untuk diberantas. Berkaitan dengan mental masyarakat untuk mengejar materi dengan cara cepat dan mudah, sehingga masyarakat memilih perjudian sebagai alternatif mendapatkan materi dengan cepat. Penanggulangan tindak pidana perjudian harus dilakukan dengan usaha represif dan preventif. Keduanya harus berjalan seimbang. Perjudian dianggap suatu yang lumprah dalam masyarakat sehinga perlu dilakukan penyuluhan dan diperlukan efek jera bagi pelaku perjudian serta diperlukan efek takut untuk melakukan perjudian bagi mereka yang belum melakukan. Dalam sistem peradilan pidana Kepolisian adalah sebagai gatekeepers,sehingga memiliki peran sentral dalam penanggulangan perjudian. Sistem peradilan pidana dimulai dari Kepolisian, sehingga diperlukan usaha preventif dan represif untuk menanggulangi tindak pidana perjudian, karenakepolisian merupakan pihak yang dipercaya oleh masyrakat, sesuai dengan tugas dan fungsinya, maka pihak kepolisian harus mampu memberikan rasa aman dan perlindungan yang tepat bagi masyarakat.Kata Kunci : Perjudian, Polisi, Sistem Peradilan Pidana AbstractCurrently, gambling is already in an alarming stage. Gambling developments accelerate and vary, although gambling is illegal and sanctioned, but this crime is difficult to eradicate. Relating to the mental community to pursue the material in a quick and easy way, so that people choose gambling as an alternative to get the material quickly. Penanggulangan gambling crime must be done with repressive and preventive efforts. Both must walk balanced. Gambling is considered a lumprah in the community so it needs to be done counseling and deterrent effect required for the perpetrators of gambling and fear effects required to do gambling for those who have not done. In the criminal justice system the Police is as gatekeepers, so it has a central role in the handling of gambling. The criminal justice system begins with the Police, so it is necessary to prevent and repressive efforts to overcome gambling crime, because police is a party trusted by society, in accordance with its duties and functions, the police should be able to provide a sense of security and appropriate protection for the community.Keywords: Gambling, Police, Criminal Justice System
Deradicalisation Crime Of Terrorism Actors By Police (Case Study In Police Jurisdiction Of Semarang) Bagus Gani Setiana; Sri Kusriyah Kusriyah
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.v2i1.4215

Abstract

The paper titled "Deradicalisation Crime Of Terrorism Actors By Police", aims to identify and analyze the role of the National Police in the process of deradicalization of the criminal terrorism in Indonesia, the benefits of deradicalization, as well as the challenges and solutions faced by the National Police in the implementation of the deradicalization.This study uses the Juridical Sociological Approach, with descriptive analysis models, which use the type and source of primary data that is the result of interviews with police personnel and ex-terrorist, as well as secondary data source that literature on the various sub - laws that exist in Indonesia. Also in this study, the authors also used the descriptive method of analysis. That in the end all results were analyzed by using the theory of Aristotle and theory of Justice usefulness of Jeremy Bentham.Based on the research that has been analyzed, then it was concluded that the role of the National Police in deradicalizing the task is enormous, as evidenced by the reduction in the number of terrorism cases in Indonesia from year to year. In addition, the benefits of deradicalization can reduce the number of perpetrators of terrorism by changing the target ideology. But it is undeniable that the Police still face many obstacles, which in this study the authors provide some solutions to these obstacles.Keywords: Deradicalisation; Ideology; Police; Terrorism.

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