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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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Impact 0f Prosecution Against Infringement Ticketing with Numbers Traffic Accidents in The Jurisdiction of Police Resort Semarang Rudi Hendri Basuki; 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.v2i1.4148

Abstract

This study aims to determine how is the implementation of the action by infringing traffic by a speeding ticket in the jurisdiction of Police in Semarang; How can the impact of infringing on a traffic enforcement with a ticket to the number of traffic accidents in the jurisdiction of Police in Semarang; and What constraints in action by infringing traffic by a speeding ticket in the jurisdiction of Semarang Police and how the solutions to overcome them.The method used by the author in this study is juridical empirical or sociological jurisdiction. Specifications of research used is descriptive analyticalBased on research conducted can be concluded that 1) Implementation of Traffic Violations Enforcement accordance with Government Regulation on Infringement Ticketing Act No. 80 Of 2012 on Procedures for  Vehicle Inspection and Enforcement Violations On the Road Traffic and Transportation Article 3, which reads  Vehicle Inspection; 2) The results in January to September 2018 is known that the impact of a speeding ticket to a very significant definitely one transport accident means the higher the number the lower the accident rate speeding ticket, speeding ticket conversely the lower the number the higher the number of accidents; and 3) Constraints in the prosecution of traffic violations by a speeding ticket in the jurisdiction of Semarang Police isThe lack of legal awareness in the society, lack of ability by the Police Authority problematic legislation, the lack of infrastructure to supportKeywords: Impact; Infringement; Traffic; Infringement Ticketing; Accident.
Implementasi Asas Keterbukaan Dalam Proses Pembentukan Peraturan Daerah Dalam Rangka Otonomi Daerah Di Kabupaten Kendal Iwan Sulistiyo; Widayati Widayati
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.v1i1.2633

Abstract

ABSTRAK Dalam penelitian ini permasalahan yang akan dibahas yaitu: proses pembentukan peraturan daerah dalam rangka otonomi daerah di Kabupaten Kendal dan penerapan asas keterbukaan dalam proses pembentukan peraturan daerah di Kabupaten Kendal.Pendekatan yang akan digunakan adalah pendekatan yang bersifat Yuridis Empiris. Penelitian yang berbasis pada inventarisasi hukum positif, penemuan azas-azas hukum dan penemuan hukum inconcretto, yang dilengkapi pengamatan operasionalisasi asas-asas hukum secara empiris di masyarakat.Kesimpulan dari penilitian ini adalah belum tersedianya instrumen hukum yang dapat menjadi rule of game pelaksanaan asas keterbukaan, pola pendokumentasian yang belum terintegrasi dan faktor keterbatasan anggaran juga menjadi hambatan bagi diterapkannya asas keterbukaan dalam pembentukan peraturan daerah di Kabupaten Kendal. Eksistensi peraturan hukum daerah dalam pembentukannya oleh pemerintah daerah telah sesuai dengan asas-asas peraturan perundang-undangan yang baik, sebagaimanan tertuang dalam Undang-Undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan. Asas keterbukaan telah diterapkan dalam pembentukan peraturan daerah oleh pemerintah daerah yang terdapat pada : usulan rancangan peraturan daerah yang berasal dari Pemerintah Daerah maupun Dewan Perwakilan Rakyat Daerah; proses pembuatan peraturan daerah secara terencana, terpadu dan sistematis.Kata Kunci    : Implementasi, Asas Keterbukaan, Pembentukan Peraturan Daerah, Otonomi Daerah ABSTRACTIn this research the problems to be discussed are: the process of formulating regional regulations in the context of regional autonomy in Kendal Regency and the application of the principle of openness in the process of formation of local regulations in Kendal Regency.The approach to be used is the Juridical Empirical approach. Research based on the inventory of positive law, the discovery of legal principles and the discovery of inconcretto law, complemented by observations of the operationalization of empirical legal principles in society.The conclusion of this research is the unavailability of legal instrument that can become the rule of game of implementation of the principle of openness, un-integrated documentation pattern and budgetary constraint factor also become obstacle for the application of openness principle in the formation of Regional Regulation in Kendal Regency. The existence of regulation of local law in its formation by the local government has been in accordance with the principles of good legislation, in accordance with the Law of the Republic of Indonesia Number 12 Year 2011 on the Establishment of Laws and Regulations. The principle of democracy has been applied in the formation of local regulations by the government areas contained in: proposed draft local regulations derived from the Regional Government and the Regional People's Legislative Assembly; the process of making local regulations in a planned, integrated and systematic.Keywords         :           Implementation, Principle of Openness, Formation of Regional Regulation, Regional Autonomy
Traffic Effectiveness by Law Enforcement Community Through Which are Ticketed Traffic Law in Police of Pekalongan Bobby Anugrah Rachman; Anis Mashdurohatun; Achmad Sulchan
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.v2i1.4216

Abstract

This study aimed to analyze the effectiveness of enforcement by the Traffic through ticketed to the people who violate traffic in the jurisdiction of Police Pekalongan and analyze barriers to enforcement by the Traffic Police Pekalongan against people who commit traffic violations, as well as the solution.The method used is empirical juridical approach or in other words the socio-juridical. Specifications research is descriptive. In this study the analysis used is qualitative analysis.The results of this study were: 1) The enforcement of the law by speeding ticket Satlantas through to the people who violate traffic in the jurisdiction of Police Pekalongan have been effective. Law enforcement jurisdiction over a speeding ticket in Pekalongan Police can provide a deterrent effect against traffic offenders, violations be reduced and the number of traffic accidents decreased. 2) Obstacles and solutions enforcement by the Traffic Police Pekalongan against people who commit traffic violations include: Offenders traffic still does not have a deterrent effect because until now there are many traffic violations, the lack of personnel in the line of duty, inadequate number of vehicles Pekalongan is owned by traffic Police, there are still people who do not know about the traffic rules, there is still a cultural one, that there are parents that when her son gets ranking in school, then bought a motorcycle as a gift. The solutions or efforts made to overcome obstacles in enforcement by the Traffic Police Pekalongan: Enforcing the law indiscriminately through seminars and trainings, submitted a letter to the leaders for additional personnel, proposed the budget and facilities and amenities, add socialization schedule traffic rules, instilling a culture of orderly traffic among early age.Keywords: Law Enforcement; Traffic Ticketed; Traffic Violations.
Default In And Credit Agreement And Implementation Of Solution Efforts (A Case Study Of Decision 336 / Pdt / G / 2016 / Pn.Smg) Dhika Rachmat Pratama; Amin Purnawan
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.v1i2.3272

Abstract

To be implemented lending by banks, there must be an agreement between the banks as creditors and customers as debtors called credit agreement. In providing credit to the public, the Bank must be sure that the funds lent to the community it will be returned on time, with interest and with the terms that have been agreed between the bank and the customer that have been set forth in the credit agreement. In completing this study, the authors use a step to find data and collect data either through the study of literature and other data sources and to analyze the subject and object data obtained through sosiogis juridical approach, while sampling was conducted through interviews with directional type. This study focused on the integration or coherence in the manufacture / preparation of bank loan agreement and accommodate interests of the parties in a balanced manner in the bank credit agreement. The credit agreement that accommodates the interests of the parties in a balanced manner is expected to provide benefits and fairness to the parties that lead to the achievement of the objectives of law, the object of study in this research is related to the case of default on the decision number 336 / Pdt / G / 2016 / PN.SMGthat involving PT. Bank of Central Java as the plaintiff and Ir. Hj. Fatimah as a defendant.Keywords: Banks; Credit; Default
Analysis Of Handling Practices On Corruption Crime By Police (Case Study In Special Criminal Investigation Police Directorate Of Central Java) Muhamad Riyadi Putra; Gunarto Gunarto
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.v2i2.5425

Abstract

Corruption is categorized as an extraordinary crime are not only a disaster for the national economy, but also a violation of the rights of social and economic rights of the people. Police officers as part of the legal system, the role is very particularly important in law enforcement anti-corruption law enforcement. Police as a sub-system of the Criminal Justice System, authorized to perform the duties of investigation of all criminal offenses in accordance with the Criminal Procedure Law and the regulations of other legislation including corruption cases, in addition to law enforcement agencies such as the Attorney and the Corruption Eradication Commission. The problem in this paper is handling practices of corruption by Indonesian National Police (INP) as the law enforcement sector which has authority in law enforcement against those specific criminal offense. The role of the police in handling corruption is a duty of inquiry and investigation against corruption by the Criminal Code, Act No. 2 of 2002, Act No. 31 of 1999 jo. Act No. 20 of 2001 and Presidential Instruction No. 5 of 2004. The function and authority of the Police in the investigation of corruption cases, the police play a very large in the case of law enforcement corruption. One of the functions of the Police in the investigation is the arrest, detention, search, and seizure. Keywords: Management; Crime; Corruptio; Police.
Attorney Role In Fighting Crimes Of Motorcycle Gang In Cirebon Asep Sunarsa
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.v1i2.3291

Abstract

Establishment of the motorcycle gang began with the gathering fellow motorcycle enthusiasts, which then turned into a gang of tens or even hundreds of people. Motorcycle gang shaping the lifestyle that sometimes deviate from the norm for the sake of self-adhesive group identity on the streets. The doctrine attached to each self motorcycle gang members were motivated to commit a crime that is very detrimental to the community. Motorcycle gang act according to the standpoint of law, especially criminal law, there are several actions against the law, in the community a lot of evidence that shows that often occurs offense aggravated theft with violence offenses that threaten the lives and physical person.Keywords: Role of Public Prosecution; Prevention; Criminal Law; Motorcycle gang.
The Board of Directors' Criminal Liability for Companies Which Declared On Bankruptcy Raditya Triatmaji Pramana; Bambang Dwi Baskoro
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.v4i4.17784

Abstract

Bankruptcy is regulated in Act No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU). In the regulation, the company is declared bankrupt, meaning that when the debtor (debt owner) has two or more creditors (debtors) who do not pay debts that are due and can be collected (cause of bankruptcy). The responsibility of the Board of Directors whose company is experiencing bankruptcy is in principle the same as the responsibility of the Board of Directors whose company is not experiencing bankruptcy. Bankruptcy status applies when there is a decision of the Commercial Court, whether it comes from the application itself or one or more creditors. After being declared bankrupt, the court decided to sell all of the company's assets, the proceeds of which were used to pay the debtors' obligations that were already bankrupt to the creditors. Based on the aforementioned background, a problem can be drawn as follows: What is the liability of the directors who are declared bankrupt? How can the board of directors be declared negligent or wrong which results in the corporation being declared bankrupt? The approach method used in writing this law is normative juridical or also called doctrinal law research. The research specification in this writing is descriptive-analytic. Based on the results of the research, it can be concluded that the Board of Directors is not personally responsible for the actions committed for and on behalf of the Company based on their authority. This is because the actions of the Board of Directors are seen as actions. The Board of Directors is said to have been wrong or negligent which resulted in the Company being declared bankrupt, namely the lack of good faith by the directors to pay off debts to creditors. The Board of Directors neglected to pay off debts to creditors.
Analysis Principles Of Criminal Law In Article 72 Qanun Of Aceh No. 6 Of 2014 On The Jinayat Law Dhanar Dhono Vernandhie; Sri Kusriyah Kusriyah
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.v2i4.8350

Abstract

This study describes the applicability of Qanun of Aceh No. 6 of 2014 on the Jinayat law (Qanun of Jinayat) in the order of legislation in Indonesia. Therefore this study to analyze these issues, to examine the legality principle as stated in Article 72 of the Qanun of Jinayat and the rule of law by applying the Qanun of Jinayat. This study uses normative research approach, by analyzing the legal ingredients of primary legal materials, secondary and tertiary. The results and discussion of the research was that Qanun of Jinayat not contrary to the order of Indonesian legislation, both formal legislative process and substantive elements of the rule of law which includes setting legal subjects, actions and sanctions of criminalization. Applicability of Qanun of Jinayat also related to three factors, namely philosophical which is a reflection of the values of the people of Aceh, sociological factors are the result of legal politics of the Government of the Republic of Indonesia and the Free Aceh Movement and the factors juridical is the order of the constitution and legislation that higher. Qanun of Jinayat law enforcement requires the law enforcement agencies, particularly the police for continued and consistent enforcement in order to create legal certainty. Suggestions can be submitted is law enforcement-led policy-making and increased synergies between law enforcement agencies in law enforcement for action based on Qanun of Jinayat Jarimah regulated in Qanun of Jinayat.Keywords: Qanun of Jinayat in Aceh; Legality; Legislation; Law Enforcement. 
Implementation Policy of The Arrangement and Formation of Modern Shop that Requires for Partnerships with Small and Medium Micro Enterprises (UMKM) Based on Perda No.12 of 2017 in Kudus Regency Atik Noer Chalimah
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.v1i3.3414

Abstract

This research was made based on the Government Regulations of the Kudus Regency issuing Regional Regulation No. 12 of 2017 concerning Modern Store Arrangement and Guidance roomates requires Modern Stores to establish partnerships with the Small and Medium Micro Enterprises (UMKM), as well as discussing the operational hours items, namely the people of Kudus Regency who have implemented a a policy of obligation to establish partnerships between Several modern stores Small and Micro Businesses and intermediate so that in this thesis to find out the factors that Become obstacles and how the District Government's Strategic Efforts in developing Small and Medium Micro Enterprises. This research uses descriptive type or types of research. Descriptive research is a type of research that describes the findings of variables in the field that do not require a hypothesis scale. So its nature only illustrates and describes the findings in the field. The results of this study are based on interviews with the District Office of the Kudus Industry, the Department of Trade in the District of Kudus, and the empowerment of Micro Small and Medium Enterprises.Keywords: Implementation; Empowerment of Micro Small and Medium Enterprises; Public Policy; Modern Stores.
Disparities Criminal Case Against Judge's Decision In Crime Of Narcotics Abuse Viewed From The Purpose Of Criminal Law Defry Dwi Irmawan; Anis Mashdurohatun
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.v1i4.4141

Abstract

Criminalization of the criminal case of narcotics abuse by the judges are very diverse. The aim of research to find out and analyze why the disparity in the criminal verdict against narcotics abuse criminal case, how the implementation of the basic objective of sentencing disparity in the criminal verdict against narcotics abuse criminal case. Methods are juridical sociological approach using primary data from interviews with relevant parties associated secondary data of materials applicable laws or regulations. The results of the study, 1) criminal disparity in criminal narcotics abuse, cause by the impact of the crime of narcotics abuses, committing criminal background narcotic abuse, the persuasive principle of Presedent, The existence of freedom and independence of the judge in the 1945 Constitution, the laws existing judicial power, the theory of dissenting opinions, and the doctrine of res judicate hebetur pro veritate. 2) Implementation of the objective of sentencing in criminal disparity criminal case of narcotics abuse, contained in the formulation of a special minimum punishment in Act No. 35 of 2009, is to meet the demands of society and the effectiveness of the influence of general prevention. of punishment meted out, the final attempt of criminal law and serves as a special precaution, prevention against the perpetrators to obtain deterrence and rehabilitation for himself.Keywords: Narcotics abuse; Criminal Disparities; Objective Punishment. 

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