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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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Legal Protection of Persons with Mental Disabilities in Managing Inheritance Case Study of Dalu Village 10A Ramadhani, Tasyah Ramadhani; Irwan, Irwan
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.v7i2.38772

Abstract

This research aims to analyze the legal protection for people with mental disabilities in managing inheritance, focusing on a case study in Dalu 10A Village. From the perspective of Islamic law and the Civil Code, this research explores how their civil rights are protected. The research method used is a type of empirical legal research in qualitative research. The results show that although Law No. 19/2011 states that people with disabilities should be treated equally with the rest of society, in practice, people with mental disabilities are often denied their rights in inheriting property and face a lack of legal protection. This research highlights a case example in Dalu 10A Village, where the distribution of inherited property was not in accordance with existing provisions, demonstrating the need for improved understanding and implementation of disability rights protected by law. The research found that people with mental disabilities are categorized as legally incapable and unable to act in their personal interests, making the appointment of a guardian essential to preserve their rights. The application to become a guardian is submitted to the district court or religious court, in accordance with the regulations contained in Article 1 of Law No. 8/2016 and the Civil Code. This research provides insight into the challenges faced by people with mental disabilities in the context of estate management and emphasizes the importance of adequate legal protection to ensure their rights are respected and maintained.
The Legal Conflict on Registration of Inter-Religious Marriages Before & After SEMA No. 2 of 2023 Jasmine, Adira Mutiara; Ramadhani, Dwi Aryanti
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41108

Abstract

Registration of interfaith marriages in Indonesia has become an interesting legal issue to study, especially after the publication of Supreme Court Circular Letter (SEMA) No. 2 of 2023. This SEMA provides confirmation that unregistered interfaith marriages will not be recognized by the state, causing the emergence of legal conflicts related to the legal status of previously executed marriages. This research aims to analyze the differences in the perception of marriage before and after SEM|A No . 2 YEAR 2023, as well as legal impacts arising from SEM provisions A. The research method used is a normative research method with a short form of quantitative action, a short form of legislation draft by analyzing various regulations related to research issues. The research results reveal that although SEMA No. 2 of 2023 does not apply retroactively, couples who were married before the issuance of SEMA will still have their marriage recognized as valid by the state. However, couples who marry after the SEMA has been issued and cannot register their marriage face legal uncertainty, which impacts inheritance rights, the legal status of the marriage, and the protection of children born from the marriage.
Civil Liability by the National Land Agency (BPN) in the Protection of Personal Data on Electronic Certificates Azzahra, Natasya Fhadyah; Rizkianti, Wardani
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.42345

Abstract

This research aims to examine, study and explore the legal position of electronic certificate services (e-certificate) and personal data protection within the scope of legal arrangements. In addition, the author wants to encourage the responsiveness and responsibility of the National Land Agency (BPN) in organizing regulations and policies that are fair, certain and beneficial to land rights holders who are legal subjects, as mandated by the 1945 Constitution Article 28D Paragraph 1, Article 28G Paragraph 1 and Article 28H Paragraph 4. The policy of electronic land registration and issuance of electronic certificates organized by BPN is a step to improve land services in Indonesia through digital transformation which aims to provide a sense of security, justice and legal certainty for holders of land rights. However, many of these policies have created pros and cons in the community because the electronic system in Indonesia as a whole is still very vulnerable to cyber threats. Therefore, the importance of BPN's responsibility in providing legal certainty to land rights holders is regulated by legislation because until now the regulation does not exist so the author suggests the establishment of new regulations that contain the form and mechanism of responsibilities that must be carried out by BPN. This research uses an approach that has been used by other researchers, namely normative juridical with a statute approach and conceptual approach through literature studies analyzed descriptively qualitative. The problems to be answered regarding the regulation or legal basis of the implementation of the electronic land certificate policy and the limits of the responsibility of the BPN in providing legal certainty and justice to land rights holders.
Acts Against the Law in the Buying and Selling of Football Tickets Indonesia VS. Australia Asyrafi, Muhammad Naufal; Iskandar, Hardian
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41639

Abstract

Ticket sales through calo often occur in football matches in Indonesia, such as the Indonesia vs Australia match at Gelora Bung Karno. This phenomenon takes advantage of the public's high enthusiasm for football, which often causes losses to consumers. Many buyers are trapped by brokers who sell tickets at a much higher price than the official price to earn personal or group profits. It is clearly an illegal act that violates rules, norms, and laws, especially in the perspective of civil law. The existence of ticket candidates creates unfairness in the ticket sales system that should be transparent, fair, and affordable to all walks of life. Their existence indicates a loophole in the supervision and enforcement of the law that must be repaired immediately. This is important to protect consumers' rights and maintain the integrity of sporting events that all parties should be able to enjoy fairly. Normative research methods are used to analyze the regulations and responsibilities related to the use of calo services in the transaction of buying and selling tickets for Indonesian vs. Australian football matches. From the research results, it was found that the regulation regarding ticket candidates in Indonesia is still insufficient and has not provided legal certainty for consumers. In this case, the act of ticket candidates can be considered as an act against the law that harms the community. Legal efforts that can be made include filing a civil suit and asking the perpetrator to compensate for the losses incurred by consumers.
Determination of the Best Principles for Children in Divorce Cases: A Legal Analysis of the Cibinong Religious Court Decision Number 1042/Pdt.G/2019 Halikha, Nazwa; Winanti, Atik
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41110

Abstract

The purpose of this study is to determine the best principles for children in determining child custody, as well as to determine the legal considerations decided by the judge in determining child custody. This study is motivated by the number of divorce cases in Indonesia and the many children who become victims of conflict or parents. This study focuses on examining the best interests of children and legal considerations for judges in determining child custody arrangements due to divorce. This study uses a normative legal method with a case approach (Case Approach) and a statutory approach (Statute Approach), as well as library research data collection techniques. Custody is in line with the basic principles in Indonesian state regulations, namely the principle of the best interests of children. The results of this study indicate the provisions of Article 105 and Article 156 of the Compilation of Islamic Law. Article 105 of the Compilation of Islamic Law, explains that the provisions of the law on child custody which automatically grant custody to the mother, must be interpreted contextually. The main parameter that must be used as a reference is the best interests of the child. If the best interests of the child are not realized, then Article 105 of the Compilation of Islamic Law must be set aside and the judge must be guided by the best interests of the child. Although Article 105 of the Compilation of Islamic Law grants custody to the mother, the panel of judges also considers the father's ability and readiness to care for the child. The panel of judges decided to divide custody proportionally. For younger children, who still need intensive attention, custody is given to the mother. However, for older children, who are more emotionally stable, custody is given to the father. The panel of judges considered that this was the best solution to ensure the welfare of both children.
Legal Analysis of Misyar Marriage According to the Views of Nashirudin Al Bani Chaidir, Muhammad; Suparmin, Sudirman
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.v7i3.40202

Abstract

This study aims to examine the views of Nashirudin Al-Bani regarding Misyar marriage. In the perspective of Islamic Law, marriage is a very strong contract (mitsaqan ghalizhan), aimed at carrying out the commands of Allah SWT and is considered a form of worship. This research is empirical with a legal sociology approach, which analyzes the practice of Misyar marriage in the community through the perspective of Nashirudin Al-Bani. Primary data is obtained through interviews and observations of the Helvetia community, while secondary data is collected from various Islamic legal literature, books, journals, articles, and online searches. The results show that Misyar marriage is increasingly prevalent in several Muslim-majority countries, thus requiring a clear legal view. Misyar marriage is a form of marriage where couples live separately based on mutual agreement. Although husbands are still obliged to provide for their wives, these marriages are conducted with often hidden motives, which have the potential for negative repercussions. Nashirudin Al-Bani firmly forbids Misyar marriage, because he believes that this practice is close to adultery, opens opportunities for abuse of dowry, divorce, and remarriage without responsibility, and focuses more on fulfilling personal desires rather than moral and religious responsibilities.
Civil Liability of Business Actors for Reverse Passing Off as an Unlawful Act Putri, Nur Zahra Magriba; Sulastri, Sulastri
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41736

Abstract

This research aims to determine the civil liability of business actors who commit Reverse Passing Off by analyzing the legal arrangements regarding Reverse Passing Off from the perspective of Indonesian positive law. This research uses a normative juridical method focusing on legal issues relating to Reverse Passing Off. This research uses a statutory and conceptual approach with data collection techniques, using literature study through normative qualitative analysis methods. The results show that the Trademark Law in Indonesia does not explicitly regulate legal arrangements related to Reverse Passing Off. Still, the principles of consumer protection and provisions on unlawful acts can be used as a basis for handling this practice. Business actors who commit this act must be legally responsible, and the original trademark owner has the right to claim both material and immaterial damages. Alternatively, the resolution of this problem can be done through mediation with the results of mediation in the form of a written agreement that contains legal responsibility and protection for the trademark owner. Therefore, there is a need for regulatory reform, especially in trademark law, by adding reverse passing off as a trademark infringement to protect the aggrieved party and ensure legal certainty, fairness, and transparency in trade.
Legal Protection for Homebuyers in Cases of Developer Default on Guarantees Issued Without Prior Notification (A Case Study of Bekasi District Court Decision Number: 239/Pdt.G/2020/PN Bks) Fikrie, Safina Nabila; Sulastri, Sulastri
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.40935

Abstract

With the progression of time, the demand for housing has significantly increased, motivating various parties to develop businesses in the property sector, particularly in housing. However, in pursuing this business, developers sometimes fail to fulfill their obligations, as illustrated in the Bekasi District Court Decision Number 239/Pdt.G/2020/PN Bks. The purpose of this scientific article is to examine the legal protection available to home buyers against breach of contract by developers and to identify possible courses of action buyers can take to secure ownership rights from non-compliant developers. This article utilizes a normative juridical research method through legislative and case-based approaches. The issues addressed are the legal protections available for home buyers in cases of developer breach of contract and the remedies available to buyers for securing their ownership rights when developers fail to meet contractual obligations. The findings indicate that legal protection for home buyers can be based on the Consumer Protection Law and the Indonesian Civil Code. Buyers have several possible actions, such as demanding that developers fulfill their obligations as per the court ruling, seeking compensation for damages incurred, and reporting the issue to the Ministry of Public Works and Public Housing (PUPR), which has the authority to impose administrative sanctions on developers.
Analysis of the Role of the Waqf Nazir in the Management of the Mosque in Review of the Minister of Religious Affairs Regulation Number 54 of 2006 Habib, Muhammad Khairi; Harahap, Abd. Rahman
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.v7i3.40323

Abstract

As-Syukriyah Mosque in Tanjungbalai City is one of the new mosques whose management has deviated from the relevant legal provisions. Based on Law Number 41 of 2004, the Waqf Nazir does not have the duties and authority of the Mosque Prosperity Board (BKM). However, in As-Syukriyah Mosque, the Waqf Nazir actually plays a full role in carrying out the duties and authority of the BKM. This situation is caused by the absence of an official certificate from the local Religious Affairs Office (KUA) that establishes the mosque's BKM management structure. This research uses a normative juridical approach to analyze the legal norms governing the duties of the Waqf Nazir as well as the role of the KUA in the establishment of BKM in accordance with the Minister of Religious Affairs Regulation No. 54 of 2006. The results show that the mosque is still managed independently by the Waqf Nazir without community involvement and without an official decree from the KUA, although according to existing regulations, As-Syukriyah Mosque is categorized as a District/City BKM. This condition shows the need to improve mosque governance in accordance with applicable laws and regulations.
Legal Consequences Regarding Buyers Who Do Not Complete the Land Sale and Purchase Deed Process (Case Study of Supreme Court Decision Number 120 K/Pdt/2016) Putri, Azzahra Aulia Kresna; Winanti, Atik
Jurnal Daulat Hukum Vol 7, No 4 (2024): December 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.v7i4.41738

Abstract

The "valid" requirement in making an agreement aims to have binding legal force and provide legal certainty for the parties. In accordance with Article 1457 of the Civil Code, a sale and purchase agreement is an agreement between a seller and a buyer. The seller is obliged to hand over the goods that are the object of the sale and purchase to the buyer, while the buyer is obliged to pay the price agreed upon by both parties. This agreement clearly regulates the rights and obligations of both parties. The purpose of this study is to determine the Legal Consequences Related to Buyers Who Do Not Complete the Land Sale and Purchase Deed Process (Case Study of Supreme Court Decision Number 120 K/Pdt/2016). The research method used is normative legal research. The conclusion of this study is that there are cases where buyers feel that they have transferred land rights in a sale and purchase transaction that is carried out only based on PPJB, as stated in the DecisionSupreme Court Number 120 K/Pdt/2016 in this case the buyer is not direct convert PPJB to AJB. This has been clearly regulated in Article 4 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration, which in essence explains: by registering land will provide legal certainty and legal protection to land rights holders. Furthermorein accordance with Article 19 paragraph 2 letter (c) of the Basic Agrarian Law, states that the certificate functions as a strong means of proof.

Page 40 of 52 | Total Record : 514

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