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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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Implementation of Traffic Accident Insurance for Violations of Traffic Regulations in the National Social Security System Cahyoko, Ranto; Hafidz, Jawade
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.v7i1.37127

Abstract

Analysis of the process of implementing traffic accident insurance by PT Jasa Raharja for violations of traffic regulations. The existence of PT Jasa Raharja is really needed by the public to get road traffic accident insurance protection. This research aims to study and analyze the implementation of traffic accident insurance for violations of traffic regulations. As well as reviewing and analyzing obstacles in implementing traffic accident insurance for violators of traffic regulations. The approach method used in this research is sociological juridical. The specifications of this research are analytical descriptive. The data sources used are primary data and secondary data. Traffic violations committed by the public will cause traffic accidents, because in principle traffic accidents must begin with a traffic violation. The implementation of providing compensation to drivers who do not have a driving license or who commit traffic violations has currently been provided with ex-gratia compensation for two or more vehicles. The provision of ex gratia compensation for two or more vehicles is based on the policy of the head of the representative which aims to provide guaranteed accident protection for the public as road users. PT Jasa Raharja Board of Directors Decision Number KEP/132/2023. The essence of this policy is to limit ex-gratia payments more selectively. The Board of Directors' decision Number KEP/132/2023 is contrary to Article 14 of Government Regulation Number 18 of 1965. Article 14 of Government Regulation Number 18 of 1965 requires changes to the government regulation.
The Implementation of International Law on Strengthening Cooperation in Combating Money Laundering Crimes of ASEAN Countries Wiranto, Agus Prasetia; Hafidz, Jawade
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.v7i1.36566

Abstract

The development of technology that is growing rapidly and continues to increase makes criminals smarter and more creative in conducting money laundering. It is one of the transnational crimes because it is a crime that allows the perpetrators to commit criminal acts outside the country's borders. In 2022-2023 Indonesia has eradicated money laundering, ranging from those originating from narcotics, gambling, investment fraud, environmental crimes, banking, and cybercrime. This effort succeeded in uncovering 242 money laundering cases with 161 suspects and recovering state losses of IDR 3.74 trillion. So, the research discussed how the implementation of international law in strengthening cooperation in combating money laundering in ASEAN countries is. This research method was normative research with legal research as a process in finding legal rules, legal principles, and legal doctrines. The results of the research that has been done can be concluded that in Strengthening cooperation in eradicating money laundering in ASEAN region by making agreements (treaties) and implementing treaties on Mutual Legal Assistance in Criminal Matters 2004 (MLAT 2004) among ASEAN countries with the concept of free movement of judgment in the field of criminal matters and Strengthening inter-state ties politically to eradicate transnational crimes, especially money laundering in ASEAN member countries for cross-country law enforcement and implementing the principle of aut punire aut dedere.
The Legal Politics Against Artificial Intelligence Crimes in Criminal Law Reform Hidayatuzzakia, Hana; Widyawati, Anis; Martitah, Martitah
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.v7i3.39889

Abstract

Technological sophistication in adulthood has had a significant imact on social life. Artificial Intelligence acts and behaves like humans in the same aspects of speed and accuracy. The interpretation of AI when a criminal act is present can only be seen as a legal object. The purpose of this research is to find out and analyze the rules of Artificial Intelligence crimes in Indonesian positive law and to find out and analyze Artificial Intelligence policies in several other countries. This research uses a normative legal research method, namely an approach carried out by examining literature studies, international news, and the approach of the Law. The legislation used is Law No. 1 of 2024, the second amendment to Law No. 11 of 2008 concerning Information and Electronic Transactions. The results of the research show that the rules of AI Crime are still regulated in the Law on Information and Electronic Transactions concerning electronic systems and electronic agents. There is no specific policy in response to the problem of Artificial Intelligence. Foreign countries such as China, America, Europe have special regulations regarding the concept of AI. The state's obligation to protect and follow the dynamics of technology needs to be supported by legal certainty. Special regulations need to be presented as a form of the government's seriousness in carrying out legal reform.
Personal Guarantee Responsibility for Debtors Who Default on Banking Credit Syahid, Annisa Fitri Nur; Yunanto, Yunanto
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.v6i4.34553

Abstract

The aim of this research is to understand the concept of personal guarantee and the process of resolving personal guarantees for debtors who are in default. This research uses normative methodsnamely doctrinal legal research or commonly referred to as library-based legal research which focuses on studying primary and secondary legal materials. The result obtained is that in the context of a credit agreement, personal guarantee responsibility is the obligation of a third party, called the guarantor, to guarantee credit payments if the main party borrowing the money (the debtor) experiences default, that is, fails to fulfill its obligations in accordance with the credit agreement. Personal guarantee responsibility is a form of protection given to banks or financial institutions that provide credit by securing credit payments through personal guarantees. In a situation of default by the debtor, the guarantor becomes the party responsible for paying off outstanding credit obligations.
The Phenomenon of Divorce Due to Social Media (Study of Decisions at the Lubuk Pakam Religious Court in 2021-2022) Usada, Widia; Akbar, Ali
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.v7i2.38761

Abstract

This research aims to explore the facts regarding the use of social media in the family as a trigger for divorce and analyse efforts to prevent divorce caused by social media. The focus of this research is the relevance between social media and divorce, where social media is often the trigger for ongoing disputes and arguments between married couples. Based on data, 60% of divorces in the Lubuk Pakam Religious Court in 2021-2022 were caused by the use of social media. The research method used is normative law with a qualitative approach, using primary data sources from decisions of the Lubuk Pakam Religious Court and in-depth interviews with judges and the head of the Religious Affairs Office. The results showed that the use of social media in the family must be regulated by certain norms to prevent disputes. Social media has been shown to be closely linked to divorce, being a major factor in triggering repeated disputes and arguments. Prevention efforts by the Religious Affairs Office and Religious Courts are expected to be an effective solution to reduce the divorce rate due to the use of social media.
Executorial Power of State Administrative Court Decisions Associated with General Principles of Good Government Setiawan, Deni; Dwi Istinah, Siti Rodhiyah
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.v6i3.32081

Abstract

The purpose of this research is to find out and analyze the executorial mechanism of the State Administrative Court's decisions, to know and analyze the executive power of the State Administrative Court's Decisions associated with the General Principles of Good Governance and to find out and analyze sanctions against Administrative Officials/Bodies. State Enterprises that do not implement the decisions of the State Administrative Court. This study uses a normative juridical method with the approach used is a statute approach and a conceptual approach based on descriptive analytical research specifications. In this context it is necessary to study the executorial power of court decisions and other reasons that may be the cause of the success and failure of the implementation of decisions so that it can be seen that apart from executorial power there are other conditions that are responsible for all the successes and failures in resolving disputes at the State Administrative Court. All of this boils down to the morality of the officials concerned and laws and regulations that do not explicitly regulate the implementation of punishments/sanctions from the state administrative court (PTUN). Officials who do not carry out the obligations ordered in the decision of the State Administrative Court which has permanent legal force (inkracht van gewijsde), will be subject to moderate administrative sanctions which include: a) payment of forced money and/or compensation; b) temporary dismissal by obtaining office rights; or c) temporary dismissal without obtaining office rights.
The Responsibilities of Influencer Doctors Promoting Skincare Products on Social Media Amandha, Rendytha Khansa; Sugiyono, 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.v7i2.38581

Abstract

 Influencer doctors are prohibited from promoting skincare products on social media as regulated in MKEK Decree 029/2021. This has pros and cons, where influencer doctors are considered to help people pay more attention to a skincare product before buying and it is feared that there will be excessive claims on a product because they have expertise in the field of beauty. This research aims to analyze the responsibilities of influencer doctors who promote skincare products on social media and legal protection for consumers who experience losses from the promotion of skincare products carried out by influencer doctors on social media through normative juridical research methods which are supported by primary, secondary, and tertiary data. The study shows that the responsibility of influencer doctors needs to be looked at further regarding the fulfillment of mistakes made, if they are not at fault, then full responsibility falls on the business actor. Meanwhile, if guilty, the influencer doctor can be subject to sanctions as regulated in the 2018 MKEK Guidelines and the Consumer Protection Law. The embodiment of consumer protection is to provide rights and obligations for consumers, business actors and advertising business actors. Consumers often think impulsively when buying skincare products because of other people's reviews. Therefore, to avoid losses, consumers need to be more careful when purchasing skin care products. If they experience losses, consumers can apply for compensation or peace efforts, in court and outside of court.Keywords: Responsibility, Consumer Protection, Influencer Doctors, Skincare
Responsibility of Panitikismo in the Management and Utilization of Sultanate Land in Gunungkidul Regency Ramadhanty, Diva Azmia; Yunanto, Yunanto
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.v7i1.35730

Abstract

Panitikismo is a customary institution of the Palace that is authorized to take care of the management and utilization of Sultanate Land. The purpose of this study is to analyze how Panitiksimo's legal and non-legal responsibilities in the management and utilization of Sultanate Land in Gunungkidul Regency and analyze what efforts Panitikismo has made in overcoming violations that occur against the use of Sultanate Land. This research uses qualitative research, using a sociological juridical approach. The data sources used are primary, secondary, and tertiary legal materials. Data collection methods using observation, interviews, documentation, and questionnaires to related communities. Data validity is carried out using triangulation techniques. The results of this study show that the legal and non-legal responsibilities that have been carried out by Panitikismo are carrying out responsibilities such as registering the Sultanate Land to the National Land Agency, providing compensation when things happen that are not in accordance with the agreed agreement, and providing education to the public regarding how to apply for a permit to use the Sultanate Land, this is strengthened by the theory of legal responsibility. Panitikismo's efforts in overcoming violations in the use of Sultanate Land are such as monitoring and controlling the use of Sultanate Land and conducting periodic monitoring according to the mandate it has received. The conclusion of this research is that Panitikismo has carried out its responsibilities well in accordance with the theory of legal responsibility, namely carrying out its obligations to register Sultanate Land and provide socialization to the public regarding the importance of applying for a serat kekancingan permit.
The Political Law of Simultaneous General Elections as Effort to Strengthen the Presidential System Kusriyah, Sri; Ma'ruf, Umar; Rhodiyah Dwi Istinah, Siti; Witasari, Ariyani
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.v7i3.40022

Abstract

This study aims to analyze the legal politics of simultaneous general elections as an effort to strengthen the presidential system both under national and Islamic law, which aims to discuss how the legal politics of general elections in Indonesia is the embodiment of popular sovereignty. The method used in this paper was a normative juridical method, namely by analyzing the norms related to the holding of simultaneous general elections, so that the data used in this paper is secondary data, problem analysis using qualitative analysis. The results of the discussion show that the legal politics of simultaneous general elections is intended to emphasize a strong and effective presidential government system, and basically, Islam cannot be separated from politics as a form of practicing shura, Amar Ma'ruf Nahi Munkar, as well as fighting for justice and preaching good deeds. The MPR as the institution authorized to stipulate and amend the Constitution can make stipulations on guidelines for the implementation of development that must be carried out by the President, which will later serve as suggestions for evaluating the performance of the President for five years.
Exploitation of Street Children as Beggars in Deli Serdang: Legal Review and Siyasah Dusturiyah Safinda, Qory; Syam, Syafruddin
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.v6i4.34685

Abstract

Exploitation of street children is a crime that often occurs recently, many street children lose their freedom and do not have adequate protection from their family, region or government. With the existence of laws regarding the protection of children and women and related organizations, it is believed that the number of exploitation cases will decrease, children will receive clear legal protection and can be implemented by state authorities to increase protection for children, especially street children. This research uses a juridically valid and experimental methodology. The aim of this research is to find out efforts to handle and protect street children as victims of exploitation from Deli Serdang Regency regional regulations No.5 of 2021 and how Islam views in handling cases of exploitation of street children which are studied from siyasah dusturiyah

Page 39 of 52 | Total Record : 514

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