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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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The Protection of Consumer Rights against Illegal Online Loans Nurdania, Esa; Suherman, Suherman
Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024
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.v7i2.38602

Abstract

This research is intended to examine the form of protection provided by the government for rights violations committed by illegal online loan companies. This research also intends to provide input for the government regarding its role in dealing with the problem of illegal online loans. This research uses normative juridical research methods. The problem approach in this research uses a statutory approach. The results of this study indicate that POJK Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing Services (LPMUBTI) and the Consumer Protection Law have not specifically regulated the legal rules related to illegal online loans. In addition, the government must immediately form a law that can provide a deterrent effect for illegal online loan companies.
Effectiveness of Implementing Corporate Social Responsibility (CSR) towards the Community (Case Study at CV Mekar Abadi Wonosobo) Ismanudin, Ismanudin
Jurnal Daulat Hukum Vol 7, No 1 (2024): March 2024
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.v7i1.36939

Abstract

This research aims to investigate the implementation of Corporate Social Responsibility (CSR) at CV Mekar Abadi using an approach of three main theories: legal effectiveness, management and Islamic business ethics. The main objective is to gain an in-depth understanding of the company's CSR practices and identify relevant barriers and solutions in the context of the wood industry. The research method used involved a field study approach with interviews and observations at CV Mekar Abadi. In addition, literature studies are used to support the identification of a conceptual framework in analyzing the company's CSR implementation. This triangulation approach allows researchers to gain a holistic and in-depth understanding of a company's CSR practices. The research results show that CV Mekar Abadi faces a number of challenges, including price fluctuations and market instability in the wood industry. Even though companies have managed to survive the COVID-19 pandemic, the impact of policy changes related to the pandemic has become an additional obstacle in implementing broader CSR programs. In overcoming these challenges, the proposed solutions include increasing transparency, developing inclusive CSR programs, and in-depth understanding of Islamic business ethics. The research conclusions emphasize the importance of adapting CSR according to the business context and provide useful recommendations for similar companies facing similar challenges.
The Human Rights Conditions That Affect Politics and Government Stability in The United Kingdom R. Cornell, Rachel
Jurnal Daulat Hukum Vol 7, No 3 (2024): September 2024
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.v7i3.40023

Abstract

In 2023, the UK government eroded domestic human rights protections and reneged on important international obligations. The government passed a law further criminalizing protesters and limiting workers’ strikes. A new law will ban people who arrive “irregularly” to the UK from claiming asylum or accessing protection, putting them at further risk of harm. This paper will discuss about government who again failed to take meaningful steps to tackle institutional racism and address past wrongs, including to fairly compensate Black Britons whose rights were harmed by government policies in what was coined the “Windrush scandal” and to remedy ongoing colonial crimes against the Chagossian people. The UK’s nose-diving domestic human rights record undermined its efforts to promote the rule of law and human rights globally.
The Analysis of Wages and Social Security Not Provided to Workers in View of the Employment Law Rioneldi, Rizky; Mahmudah, Siti
Jurnal Daulat Hukum Vol 6, No 4 (2023): December 2023
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.v6i4.34578

Abstract

The provisions of Article 54 paragraph (1) of Law Number 13 of 2003 concerning Employment emphasize that those who have reached an agreement with employers have rights and obligations that must be carried out. Workers are obliged to carry out the tasks that must be completed so that they are entitled to receive wages from their work. At the same time, employers are obliged to pay wages to obtain the right to work from workers, meaning that employers must not pay wages arbitrarily or late. The purpose of this research is to determine and analyze the legal protection and company accountability for workers whose wages and social security are not provided in terms of the Employment and Accountability Law. This research uses a normative juridical research type, with data collection methods using library methods. The legal material analysis method used in this research uses a qualitative analysis method. The results of his research concluded that wages are an important and fundamental part of employment-management relations, so that the "Employment Law" and government regulation 78/2015 provide protection for wages and social security. The heaviest sanction for a company is in the form of revocation of its business license, because the company cannot be held responsible at all.
Judge's Rejection of Compensation for the Management of Dowry Disputes (Analysis of Decision Number 262/Pdt.G/2022/Pa.Batg) Nasution, Muhammad Iqbal Hanafi; Iwan, Iwan
Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024
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.v7i2.38773

Abstract

This study raises the case of a judge's rejection of a claim for compensation for the management of a dowry dispute at the Bantaeng Religious Court. The case involved a couple who separated after the husband took back the land that had previously been used as dowry. Although the judge decided to return the land to the wife, the judge rejected the wife's claim for compensation for the management of the land. In this context, the rule of Al'adatu Muhakkamah is one of the principles used in determining the law when there is no shar'i evidence that explicitly explains it. This study aims to analyze the judge's decision to refuse compensation for the results of the management of the dowry dispute and analyze the use of the Al'adatul Muhakkamah rule in the decision. The research method used is normative legal research method with a qualitative approach. The qualitative approach was chosen to describe the research results with sentences that categorize the data according to certain categories. With this approach, the research can provide in-depth conclusions about the application of the Al'adatu Muhakkamah rule in the judge's decision. The research findings show that the judge should have granted the compensation claim based on the analysis of the al-'adatul muhakkamah rule. Islamic law aims to realize human welfare, including by recognizing that customs that are still valid for generations have a significant influence in determining legal decisions. However, the main principle of sharia must still be the top priority, especially if there is a conflict between custom and Islamic Law.
The Legal Protection for Whistleblowers on Corruption Crimes in Indonesia Sulastri, Lusia
Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023
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.v6i3.31043

Abstract

The crime of corruption, which is also classified as an extraordinary crime or referred to as an extraordinary crime, has characteristics and characteristics related to the power of a person holding a position in a government system, from the village government system to the central government system. Efforts to reveal criminal acts of corruption require the role of witnesses regarding these crimes who can be reported by the reporter. This research used literature study with the doctrinal approach. In addition, this study also examines the ideal legal protection for whistleblowers for corruption. The results of the study show that legal protection for whistleblowers for criminal acts of corruption is not running well, as evidenced by the determination of the status of the suspect Nurhayati for Corruption Crimes in Cirebon Regency. This happens because there is no common perception of the position of the Whistleblower on Corruption Crimes as a subject protected by law between the police and the Prosecutor's Office. The ideal legal protection for whistleblowers for criminal acts of corruption is to build legal protection for whistleblowers that is integrated and obeyed by law enforcement officers. The provision of witness protection must of course start from law enforcement who is the spearhead of law enforcement, namely the police.
The Application of Indirect Evidence in Cartel Practices Novriani, Dasjagarni Ulinai; Suyanto, Heru
Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024
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.v7i2.38619

Abstract

KPPU tasked with overseeing business competition, confronts challenges in identifying and proving cartel practices. According to Article 1, paragraph 7 of Law Number 5 of 1999, agreements among business actors need not be written to constitute cartels, potentially allowing for covert operations. This absence of written documentation complicates KPPU's efforts to substantiate suspicions of cartel behavior, often hindering the discovery of tangible evidence necessary for legal proceedings. Consequently, proving cartel activities in court becomes arduous, as direct evidence is typically required while these agreements may lack physical documentation, posing ongoing challenges for regulatory enforcement. This research uses normative juridical research method. The aim of this research is to understand how indirect evidence is applied in the cooking oil cartel practices and reviewing the forms of legal protection for consumers who are harmed.
The Effectiveness of Digitizing Land Services to Prevent Land Mafia in Vietnam Thá, Nguyán Háu; bin Idrus, Datuk Mazlee Malik
Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023
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.v6i3.33287

Abstract

This research aims to analyze: 1) Implementation of digitization of land services. 2) Effectiveness of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The implementation of digitization of land services is carried out through a special agrarian internet site. Currently, the Ministry of Agrarian Affairs has implemented four digital land services, including Electronic Mortgage Rights, checking certificates, Land Registration Certificates, and Land Value Zone information. There are two electronic services that will be added by the AGRARIAN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at AGRARIAN AGENCY Vietnam, apart from using a special agrarian internet site, is also carried out through the Touch application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the Ministry of Agrarian Affairs.
The Notary Position in The System of Corporation and Legal Contract Industry in Bangladesh Misty, Mousume Akter
Jurnal Daulat Hukum Vol 7, No 1 (2024): March 2024
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.v7i1.37055

Abstract

Notaries play a vital role in preserving the integrity of legal transactions and upholding justice in the domain of legal systems. Examining the function of notaries and their adherence to ethical codes in Bangladesh is crucial as the nation develops and negotiates difficult legal issues. In order to clarify this important facet of the legal system, a thesis proposal titled "The Function of a Notary Position in the Legal Contract in the Bangladesh Industry" was created. This research seeks to provide important insights that can improve the effectiveness, transparency, and reliability of legal affairs in Bangladesh by exploring the complexities of notarial practices and the ethical principles that guide their responsibilities and moral conduct in the nation's legal system. The goal of the thesis, "The Function of a Notary Position in the Legal Contract in the Bangladesh Industry," is to investigate and evaluate notaries' importance and function in relation to legal contracts in the Bangladeshi market. The thesis examines several notary functions, including the legal framework that governs them, the roles and responsibilities of notaries, their impact on the enforceability and validity of contracts, and the overall effectiveness of notary services in Bangladesh, with the goal of ensuring legal compliance and protecting the interests of contracting parties. In addition, the thesis probably looks at how notary services have changed historically in Bangladesh, any laws or rules governing their practice, and any shortcomings or potential improvements to the current setup. Through thorough research, analysis, and possibly case studies or empirical data, the thesis may attempt to further our understanding of the role notaries play in facilitating contractual transactions and enhancing the security and legal certainty of business operations in the Bangladeshi industry.
Legal Settlement for Violations of the Notary Profession as a Land Mafia Puspitasari, Niken Ayu
Jurnal Daulat Hukum Vol 6, No 4 (2023): December 2023
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.v6i4.35030

Abstract

This research discusses the legal settlement of notaries who commit professional violations with the aim of analyzing and explaining the legal settlement process of notaries who violate the law and the impact of deeds that are proven to violate the law as a land mafia. The type of research conducted is normative research or doctrinal research. The result of this research is that the Notary in making the deed must be responsible for the form of the deed, must not deviate from the provisions stipulated in the Notary Position Law. Some common reasons that can cause the cancellation of an agreement: incompetence, invalidity, error, deceit, violence, law or power. The validity of the deed generally depends on if the notary is involved in a violation of the law, the aggrieved party or the authorities can take legal steps to review and cancel or correct the deed made by the Notary.

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