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jdh@unissula.ac.id
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Editorial Address
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Kota semarang,
Jawa tengah
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
Comparative Criminal Law Policy Positives With Foreign Countries In The Criminal Law Prosecuting Perpetrators Of Criminal Acts Of A Child In Indonesia Tutut Suciati Handayani
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.v1i2.3270

Abstract

In this study the issues to be discussed are: the policy positive criminal law in the prosecution of perpetrators of criminal acts of a child, criminal law policy of foreign countries in the prosecution of perpetrators of criminal acts of children and the barriers prosecutor in carrying out the task of prosecuting perpetrators of criminal acts of child and how the efforts countermeasures. The research method that will be used is the juridical sociological approach. In order to obtain primary data and secondary data that is accurate to the writing of this study, the data collection by means of a literature study to find materials relating to the principles and rules of law relating to criminal procedure law and the criminal justice system of children. Based on the results of this research is still fragmented between the investigator and the prosecutor so that ultimately the criminal justice system is not optimal child be a solution to cope with the child as a criminal. The issue of children as criminals not only be approached only by using purely legal approach, but also must use the instrument of social and economic approaches. That in conducting the prosecution against children, public prosecutors are often encountered problems due to its law system, the apparatus structure and legal culture. therefore it is necessary for the reconstruction of the criminal justice system of Indonesia, so it can be used as a reference for events that are special laws such as the juvenile justice system.Keywords: Comparative, Policy, Criminal Law.
Law Enforcement Process Analysis By Agencies Of Provos Indonesian National Police (Inp) On Discipline Violation In The Form Of Crime By Police Members (Case Study In National Police Headquarter) Iwan Setiyadi; Sri Kusriyah Kusriyah
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.v2i2.5424

Abstract

Law enforcement is one attempt to create order, security and peace in the community, whether it is a preventive and repressive effort. Order and security in society will be realized and maintained properly if all the components of society in a country can understand and comply with all the norms contained in the social life. Police as one of the law enforcement agencies in Indonesia is the spearhead for the achievement of the rule of law in Indonesia. With separated INP from the Indonesian Army (TNI) then sued professionalism of members of the police in the execution of their duties. The aims of this research are, to know Provos INP in the law enforcement of discipline to member of Indonesian National Police (INP) who did violation on Disciplinary Code in Government Regulation No. 2 of 2003 on Disciplinary Code to all member of police as the explanation from Article 27 paragraph (2) Act No. 2 of 2002 on Indonesian National Police. After declared PP No. 2 of 2003, Provos INP has given authority as auditor to all members of Indonesian National Police who did violation even though the violation is not criminal sanction and give the document to Authorities Agency (Ankum). And to know the factors which impacted the law violation by Indonesian National Police in disciplinary code which not be burden by Provos INP to do Disciplinary Law Enforcement. Keywords: Discipline Violation; Provost INP; Crime.
Role Of Prosecutor General Prosecution Of Actors In The Implementation Of Abuse Of Narcotics Crime (Case Study in Magelang District Attorney) Arif Hidayat; Sri Endah Wahyuningsih
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.v1i2.3290

Abstract

Prosecutor as one of the law enforcement agencies in Indonesia have a role in the prosecution, it is stipulated in Article 2 (1) of the Constitution of the Republic of Indonesia Number 16 of 2004 on the Prosecutor of the Republic of Indonesia. Prosecution is the act of the General Prosecutor for criminal matters delegated authority to the District Court in the case and in the manner set forth in the criminal procedure law to demand that tried and sentenced by the judge at the hearing. Drug abusers are people who use narcotics without authority or unlawfully. This study uses empirical juridical approach with descriptive analytical research specifications, types and sources of data are the primary data by conducting interviews and secondary data by performing a literature study, data analysis method logically and systematically. The results showed that the procedure includes the step prapenuntutan prosecution, prosecution and execution. The role of the public prosecutor in the criminal case handling drug abuse is a public prosecutor. Factors inhibiting the role of the public prosecutor in the prosecution that the case file is not yet complete, the type of drug is not on the list of narcotics, modus operandi vary and calling witnesses when the examination before the court, while the effort to overcome that by making the sharing of information between law enforcement, conduct legal counseling, attended a special training program narcotic crime and Attorney for School.Keywords: Role; Prosecution; Narcotics Abusers.
Evaluation Program of Garbage Bank as Development Efforts of Society on Garbage Management in Jepara, Central Java Anita Dyah Asmaranti
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.v1i2.3326

Abstract

This study entitled: "Evaluation Of Garbage Bank As Development Effort of Society On Garbage Management In Jepara, Central Java". This study intends to evaluate the implementation of the Garbage Bank program and find out how the community participation and the obstacles in implementing the Garbage Bank program. This study uses qualitative research design methods and approaches Inductive Descriptif. Informants consisted of elements: Local Government, Community and Garbage Bank managers in each group. For the purposes of data analysis, the author uses the theory of evaluation with CIPP evaluation method whereby elements analyzed consisted of: content, Input, Process and Product and normative rules related to the object and the subject studied. Based on the results of data processing and analysis we concluded that the Garbage Bank implemented in Jepara has been running quite well but is still in the stage of education in which the targets are achieved is to introduce the public to the program so that the program later to become a forum for community empowerment. Community participation has been good enough, but of course there are still many shortcomings that need to be improved, among other things: lack of infrastructure, limited human resources, lack of socialization, limited funds and limited garbage recycling product market. The solution is, of assistance to the Garbage Bank community, training and socialization, open markets products through exhibitions.Keywords: Evaluation; Empowerment; Garbage Bank.
Investigation Process Traffic Accident Offenders Of Minors The Police Resort Kebumen Hari Condro Wibisono; Achmad Sulchan
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.v2i3.5672

Abstract

Often Traffic accidents occur in people's lives, even the culprit is Often a minor. This is due to lack of legal awareness and supervision from parents so that children are allowed to drive motorized vehicles before having a driver's license. As a knife of analysis, the theory of restorative justice and the theory of legal certainty are used. The results of the study Showed that the investigation process towards traffic accident underage perpetrators at the Kebumen Resort Police was in accordance with the provisions of the Criminal Procedure Code and Act Number 11 of 2012 concerning the Child Criminal Justice System. Factors causing traffic accidents with child offenders in the Kebumen Resort Police are dominated by human factors items, namely due to negative attitudes and behaviors of the Offender, Negligence (carelessness) in driving, lack of knowledge of the Offender in traffic and parents the perpetrators. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays.Keywords: investigation; traffic accident; children
The Cause Of Corruption Crime On Village Funds And Investigations Process In The Purworejo Bruyi Rohman Warsito; Ira Alia Maerani
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.v1i3.3348

Abstract

Corruption has caused damage in various aspects of community life, the nation and the state, so it must be eradicated in order to realize a just and prosperous society based on Pancasila and the Constitution of 1945. Since 2015-2017 in Purworejo have been many complaints from the public about Corruption allegations of village funds, so the authors are interested in writing causes of corruption and the village funds investigation in Purworejo, source used in the study of primary data and secondary data, engineering data collection was done by interview. The results of research into the causes of corruption lack / role of the community in the planning and supervision of village funds, the limited competence and ability of the village head and village, the three are not optimal role of village institutions. For the process of Police investigation in Purworejo create a unit specifically dealing with corruption. As for the constraints of investigation number of witnesses testified that most of the people close to the village head so much that did not cooperate and testify often convoluted, besides documents relating Village funds also difficult to establish the suspect must await the results of the calculation of damages State Auditors do that requires a long time so impressed Investigation tele on Village funds.Keywords: Crime of Corruption; Village Funds; Investigation Process.
The Role Of Health Department Of Blora Regency In The Implementation Of Bpjs Based On Act No. 40 Of 2004 On The National Social Security System To Improve Health Service To The Society Denny Kusuma; Widayati Widayati; 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.v2i4.8378

Abstract

The regional government through the Health Department became the backbone of the implementation of the national strategic program, including JKN-KIS program. In various legislations such a role that includes licensing, facilitator, as well as giving recommendations and the availability of health facilities and the organization of health services for the implementation of the Health Insurance program. This study aims to determine the Role of Health Department of Blora Regency in the Implementation of BPJS Based On Act No. 40 of 2004 on National Social Security System to improve health services to the society and the obstacles that arise and solutions. The method used is the juridical sociological, descriptive analytical research specifications. The data used are primary data and secondary data, so that the method of collecting data through field studies and literature. Data analysis method used is qualitative analysis. As the blade is used the analysis of role theory and the theory of legal certainty. The results showed that the Role of Health Department of Blora Regency in the Implementation of BPJS Based On Act No. 40 of 2004 on National Social Security System to improve service to the public is as regulators, implementers and donors. The obstacles that arise in the implementation of BPJS in Blora is the increased fees but then disconnected MA which no increasing fees, any health facilities which can not service BPJS members because still not accredited the solution is that facilities apply a new accreditation to KARS, the role of Health Department in the implementation of BPJS not maximum so the solution is make a new regulation for empowerment the role of Health Department as regulator.Keywords: Health Department; BPJS;  National Social Security System; Health Services.
Application of Restorative Justice Against Crime Committed by Children in Polres Cirebon Iwa Mashadi; Gunarto Gunarto
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.v1i3.3386

Abstract

Kids are an integral part of the survival expressly stated that the state guarantees the right of every child to survival, grow, and develop as well as protection from violence and discrimination. The protection of children is not only given to children who are victims of crime, but also to children who become perpetrators of criminal acts, so that the legal process especially in providing criminal decisions should also consider the future of the child as it is for a country, children are the hope of the future country. Towards children who commit criminal acts is also subject to criminal sanctions. Talking about the criminalization of children often contentious, because this issue has very broad consequences related to both self and community behavior. Punishment is an element of criminal law, in which the criminal prosecution has negative consequences for the given criminal sanctions. Along with Act No. 11 of 2012. While the effectiveness of sanctions against children in the perspective of restorative jusitce in Polres Cirebon Jurisdiction is quite effective because the victim, the offender and the community are satisfied with the settlement of Restorative justice and remembering the birth of Act No. 11 of 2012 Kids on the Criminal Justice System.Keywords: Restorative justice, Crime Child.
Policy Termination Of Alleged Crime Investigation In Polres Semarang Jeifson Sitorus; Achmad Sulchan
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.v2i4.8397

Abstract

Police as investigators are authorized to terminate the investigation on the grounds as stated in Section 109 subsection (2) Criminal Procedure Code. In practice, there are crime that have been conducted the investigation found sufficient evidence and suspects, but in fact people who feel harmed (victim) had not wanted the case was brought to trial. This study aims to determine the termination of the investigation policy implementation alleged criminal act in Police Semarang, barriers faced by investigators in the implementation of the termination of the investigation alleged criminal act and analyze the implementation of the termination of the investigation policy alleged criminal act that should be implemented Police. The method used is the juridical sociological with descriptive analytical research specifications. The data used are primary data and secondary data and methods of data collection through field studies and literature. Data analysis method used is qualitative analysis. The results showed that the implementation of the policy of the termination of criminal case investigation in Police Semarang conducted through restorative justice as set out in the SE Chief of Police No. SE / 8 / VII / 2018 so it does not conflict with the provisions of the law. The obstacles faced by investigators in the implementation of the termination of criminal case investigation in Police Semarang consists of internal resistance and external obstacles. As for the implementation of the policy termination criminal case investigation should be carried out in accordance with the provisions of the Police should be legislation that exists, procedural, professional, justice and uphold human rights. Reason for ending the termination of the investigation should be based on the existing Article 109 (2) Criminal Procedure Code and restorative justice with the procedures and provisions stipulated in SE Chief of Police No. SE / 8 / VII / 2018 and the Regulation No. 6 of 2019 concerning the Crime Investigation.Keywords: Termination Of Investigation; Alleged Criminal Act. 
Environmental Waste Management System in Effort Creates Sustainable Semarang Carlito Da Costa; Rakhmat Bowo Suharto
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.v1i3.3413

Abstract

Environmentally sound waste management is an area of Semarang city government efforts to manage the waste. The existence of good waste management, will make a sustainable environment in accordance with Act No. 18 Of 2008 on Waste Management. Research methodssociological jurisdiction is law as the law in action, described as an empirical social phenomena. The findings of the study (1) Implementationwaste management in the city of Semarang has been carried out by means of environmentally sound The program concept of 3R (Reduce, Reuse, Recycle), in cooperation with PT. Narpati Agung Lestari Karya Persada (2) Barriers to the realization of environmentally sound waste management systems, barriers: factors of population, The quality and quantity of human resources (HR) is still inadequate, operational factors. Solution: Conduct a training program, the training of human resources, increase its fleet of waste management.Keywords :Waste Management; Act No. 18 In 2008; A Sustainable City.