Articles
514 Documents
<![CDATA[The Role of the Cyber Crime Unit of the North Sumatra Regional Police in Overcoming Online Fraud Crime in North Sumatra ]]>
<![CDATA[Hafizsyah, Muhammad]]>;
<![CDATA[Marpaung, Zaid Alfauza]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.39093
<![CDATA[The rise of online fraud crimes in North Sumatra has caused financial losses to victims. This study aims to determine the role of law enforcement of the cybercrime unit of the North Sumatra regional police and its obstacles to the perpetrators of online fraud. The method used is empirical legal research whose sources are obtained from primary, secondary and tertiary data which are then analyzed qualitatively. The results of the study found that significant challenges faced by investigators in handling online fraud cases. Difficulties in identifying perpetrators who use fake identities and often change places are the main obstacles that slow down case resolution. These obstacles show the complexity of the mode of operation used by the perpetrators, which requires sophisticated and adaptive handling strategies from the police. Preventive and repressive efforts carried out by the Cyber Unit of the North Sumatra Police Ditreskrimsus are the right steps in tackling online fraud. Strict supervision of social media, counseling to the public, and takedowns of content containing elements of fraud are proactive steps that can prevent further fraud. In addition, the resolution of outstanding reports demonstrates the police's commitment to providing a sense of security to the community. However, the success of this effort also depends on good cooperation between the community and the police. Continuous education to the public on the dangers of online fraud and how to prevent it is essential to reduce the number of victims. In this digital era, increasing the capacity and skills of investigators in information technology is also a crucial factor in dealing with increasingly sophisticated criminals. Overall, this study emphasizes the importance of a holistic and integrated approach in tackling online fraud crimes.]]>
<![CDATA[The Problems with Apartments and Land Acquisition in Australia for Foreign Citizens (An International Overview) ]]>
<![CDATA[Glompy, Margaret]]>
<![CDATA[ Jurnal Daulat Hukum Vol 6, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v6i4.34930
<![CDATA[This research aims to determine the quality of apartment buildings in Australia which are now in the spotlight, after the last case experienced by residents of the Mascot Towers complex in Sydney. They had to be evacuated because of cracks in the building. Previously also in Sydney, about 3,000 residents of the Opal Towers apartment were evacuated due to the collapse of the building's supporting beams. This research is a qualitative research in which the researchers themselves are engaged in the field as a key instrument. The results and discussion show that a number of apartment owners in other cities who were contacted explained that they are now worried that the structure of their apartment buildings is not safe to live in. They also had to pay for the damage themselves. One of them is John Grant, who owns an apartment in Canberra that he bought for $640,000 in 2011. Not long ago, cracks appeared that spread across the floor of the apartment parking lot. Grant said he had information that the crack could be repaired, but that the cost was estimated at $9 million. If this cost is to be borne by the owners of the apartments in the complex, each must pay $75,000. The conclusion in this study is that due to the inconvenience of existing apartments, apartment owners are now filing lawsuits against contractors, developers and designers of their apartment buildings. ]]>
<![CDATA[The Criminal Responsibility Against Persons of The Crime of Embezation in Office ]]>
<![CDATA[Subandi, Subandi]]>;
<![CDATA[Winjaya Laksana, Andri]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.38674
<![CDATA[The crime of embezzlement in office is regulated in Article 374 of the Criminal Code. The crime of embezzlement in office is a crime of embezzlement with aggravation. The aim of this research is to find out and analyze the criminal liability of perpetrators of criminal acts of embezzlement in office; and knowing and analyzing regulations against perpetrators of criminal acts of embezzlement in office in the future. This legal research uses an empirical legal research approach. The research results show that even though the perpetrator has returned the company money he used, it does not rule out the possibility that the victim as the company owner will still bring a case and submit it to court. However, the law must still be enforced because the perpetrator did make a mistake. Regulations against perpetrators of criminal acts of embezzlement in office in the future, apart from using penal measures, also use non-penal measures. The non-penal efforts undertaken should be realized in strategic activities, both socially, economically and legally, so that criminal acts of embezzlement in office can be minimized from an early age.]]>
<![CDATA[The Community Participation in the Environmental Management of Used Battery Smelting Activities ]]>
<![CDATA[Sodikin, Sodikin]]>;
<![CDATA[Permana, Divia Rekha]]>
<![CDATA[ Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v6i3.26703
<![CDATA[Article 70 of Law Number 32 of 2009 provides concrete directions, instructions and forms of community participation in environmental protection and management. The participation includes forms of efforts that can be done by the community so that they can participate in protecting and managing their environment. The manifestation of such participation can be in the form of social supervision, giving advice, opinions, proposals, objections, complaints, submitting information and reports. The manifestation of community participation in the Cinangka village is related to the smelting of used batteries which has the effect of environmental pollution which greatly disrupts the life of the Cinangka village community in various ways as directed in Article 70 of Law Number 32 Year 2009. The form of participation was carried out with the submission of complaints to the Village Government to the Bogor Regency Environmental Agency, demonstrations, deliberations with business actors for the use of smelting used batteries, conducting legal proceedings against business actors, and participating in the success of the Eco-Friendly Village program. Because the legal awareness of the community is still low which is influenced by low educational factors, so not all people participate in participating in environmental management.]]>
<![CDATA[The Role of Criminalistic Science in Investigating A Hit-and-Run Crimes ]]>
<![CDATA[Bawole, Herlyanty Y. A.]]>;
<![CDATA[Bawole, Grace Y]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 1 (2024): March 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i1.36593
<![CDATA[The purpose of this research is to investigate the role of criminalistics science in solving criminal cases, utilizing a literature review method (Library Research). The literature review method is employed, which involves analyzing relevant books, legislation, and other written materials related to the subject matter under discussion by the author. Forensic sciences such as Forensic Medicine, Forensic Physics, Ballistic and Metallurgic Forensics, Photography, and Photographie Forensic, Forensic Fingerprinting. These auxiliary criminalistics sciences play a crucial role in investigating hit-and-run crimes through the application of techniques and tactics in finding perpetrators.]]>
<![CDATA[Analysis of Solaria Brand Dispute Resolution with Solaris (Case Study No. 775 K/PDT.SUS-HKI/2021) ]]>
<![CDATA[Simbolon, Alum]]>;
<![CDATA[Cindy, Cindy]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 1 (2024): March 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i1.36565
<![CDATA[This research discusses the dispute between the SOLARIA and SOLARIS brands in Indonesia, focusing on Decision No. 775 K/Pdt.Sus-HKI/2021. It aims to analyze the considerations of the Panel of Judges in resolving the trademark dispute and determine the protection of the SOLARIA brand against the SOLARIS brand in the mentioned decision. The findings reveal that the Plaintiff, as the owner of the SOLARIA brand, is the registrant and first user of the brand under the first-to-file system. Consequently, the Plaintiff is the legal owner of the SOLARIA brand, which is recognized as a well-known brand based on registrations in various countries. The Defendant's registration of the SOLARIS mark is considered to be in bad faith due to significant similarities in terms of shape, sound, and pronunciation. This suggests that the Defendant registered the mark solely for their own business interests, misleading consumers and causing harm to other parties. Accordingly, the Directorate General of Intellectual Property should reject the Defendant's SOLARIS trademark application under Article 21 paragraph (1) letter a of the MIG Law. The Plaintiff, as the owner of the SOLARIA brand, obtains legal protection through the resolution of this case via a legal process. The Panel of Judges granted the Plaintiff's lawsuit and declared the SOLARIS brand invalid according to the law. The cassation request submitted by the Defendant was also rejected, providing repressive legal protection for the Plaintiff.]]>
<![CDATA[The Defamation of Debt Posts on Social Media Accounts (Study of Medan District Court Decision NO. 3563/PID.SUS/2019/PN MDN) ]]>
<![CDATA[Fauzi, Masyhurul]]>;
<![CDATA[Ginting, Elvira Dewi]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.39094
<![CDATA[This study aims to analyze Medan District Court 3563/PID.SUS/2019/PN MDN related to the defamation case of Febi Nur Amelia who posted Fitriani Manurung's debt on a social media account. This research uses normative legal methods. The results showed that based on the Judge's decision number 3563/PID.SUS/2019/PN MDN, it was stated that the Defendant Febi Nur Amelia was not proven guilty of committing the crime of defamation as alleged by Fitriani Manurung through the charges at trial. As well as what has been proven, that the case is not included in the criminal act of defamation, because indeed what Febi Nur Amelia has done by posting debts on her social media account, namely through Instagram stories, is intended so that Febi's friend who is also a friend of Fitriani sees the post and tells her to the person concerned, namely Fitriani Manurung to immediately pay her debt, this was done by Febi because she could not contact Fitriani, because access such as her number and social media account had been blocked. Judges need to understand the background of the criminal offense in their decisions. To overcome juridical obstacles, adequate resources and reliable knowledge are needed for law enforcement officials, as well as sufficient budget for law enforcement facilities. The public also needs to receive legal education from law enforcement officials in dealing with legal issues.]]>
<![CDATA[The Application of Legal Certainty on Electronic Certificates in Indonesian Agrarian Law ]]>
<![CDATA[Lingga, Firdo]]>
<![CDATA[ Jurnal Daulat Hukum Vol 6, No 4 (2023): December 2023 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v6i4.34932
<![CDATA[In fact, often these physical land certificates are easily duplicated. This of course makes the owner of the land certificate suffer losses. This research aims to examine and analyze legal certainty for electronic land certificates as proof of ownership of land rights in Indonesia; and to review and analyze the legal protection of data on electronic land certificate ownership rights. The approach method used in this study is a normative legal approach. The results of the study show that: (1) Legal certainty of land certificates in the form of electronic documents can be categorized as electronic evidence which has the same evidentiary power as written/written evidence made on paper and the printout as a form of valid proof. (2) Legal protection that can be given to electronic land certificate ownership data consists of: a) Preventive legal protection in the form of guaranteed fulfillment of personal data protection by requiring Electronic System Operators in this case the National Land Agency (BPN) to maintain the confidentiality of public personal data and safeguard it so that there is no leakage.]]>
<![CDATA[Implementation of Copyright in Intellectual Property Law As A Credit Guarantee Object in Banks based on Government Regulation No. 24 of 2022 ]]>
<![CDATA[Abdillah, Rezha Zulfikar]]>
<![CDATA[ Jurnal Daulat Hukum Vol 7, No 2 (2024): June 2024 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v7i2.38531
<![CDATA[Copyright as part of intellectual property law has an important role in supporting innovation and creativity. This article discusses the implementation of copyright as an object of credit collateral at banks. This research aims to analyze the mechanism for using copyright in banking transactions, as well as identifying obstacles and solutions that may arise. The research method used is literature study and normative legal analysis. The research results show that although copyright can be used as credit collateral, its implementation still faces various challenges, such as assessing the economic value of copyright and a lack of understanding from banks. This research also provides recommendations for increasing the use of copyright as an object of credit collateral, including the need for clearer regulations and increased outreach to related parties. In this way, it is hoped that a more effective and efficient system can be created in the use of copyright as credit collateral in Indonesia.]]>
<![CDATA[The Age Limitation of Witness in Marriage Reviewing from Maqashid Al-Syariah ]]>
<![CDATA[Albani, Muhammad Syukri]]>;
<![CDATA[Kurniadi, Dedi]]>
<![CDATA[ Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v6i3.20542
<![CDATA[Additional information regarding the age limit of witnesses in marriage, which is mandatory to be 19 years old is a polemic and has consequences if a witness is carried out by a person who has not reached the age of 19 years, then the witness is invalid according to the Regulation of the Minister of Religion No. 11 of 2007. As for the formulation of the problem in The writing of this thesis is (1) How is Islamic law reviewing PMA No. 11 of 2007 regarding the age limit of witnesses in marriage (2 ) How is PMA No. 11 of 2007 concerning the age limit of witnesses in marriage in terms of Maqashid Al-Syariah. To get the answer to the problem formulation above, the library research method is used. The data collection method is document study and descriptive analysis is used. The results of the study show that first, in a review of Islamic law, the age limit for witnesses using the Baligh standard in Article 19 paragraph 2 PMA No. 11 of 2007, is not explicitly regulated in either the Qur'an or Hadith. So the rules applied in PMA No. 11 of 2007 regarding Baligh, aged at least 19 years, according to the author, is a result of ijtihad, namely by using several opinions from the Hambali and Safi'i scholars, by using the definitive age limit , which is the age requirement for marriage witnesses at least 19 years. The law of age has never been found in the classical fiqh literature. So the author concludes that this is the result of contemporary ijtihad, namely PMA No. 11 of 2007.]]>
