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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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Re-Explaining the Urgency of the Death Penalty in Realizing a Deterrent Effect in Cases of Premeditated Murder Ansari, Muhammad
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.v7i4.40617

Abstract

One of the extraordinary crimes in this country is premeditated murder, this is because premeditated murder is carried out with evil planning consciously and thinking in advance, where the result of this crime is the loss of a person's life. The death penalty in suppressing the number of premeditated murder cases through efforts to create a deterrent effect with fear of the death penalty needs to be re-examined legally, because the element of planning is difficult to interpret in premeditated murder, and there are fundamental changes in the imposition of the death penalty for perpetrators of premeditated murder has become an obstacle in itself in the implementation of the death penalty as a penal medium in creating a deterrent effect for perpetrators of premeditated murder. This article with a normative method tries to discuss the death penalty as a means of creating a deterrent effect for perpetrators of murder both in the aspect of normative studies and in comparative legal studies in the scope of the comparison between the death penalty according to the old Criminal Code and the new Criminal Code. So this article intends to describe the development of the death penalty system for perpetrators of premeditated murder according to the development of the National Criminal Code. Based on the existing study, it can be seen that the death penalty in preventing the increase in premeditated murder in society is currently not optimal, the cause is the difficulty in understanding the meaning of planning due to not being written down in the Criminal Code what is meant by planning in premeditated murder. The second problem is the change in the criminal threat for perpetrators of premeditated murder in Article 459 of the Republic of Indonesia Law No. 1 of 2023 concerning the Criminal Code, where the presence of this provision creates a loophole for perpetrators of premeditated murder to avoid the death penalty due to the minimum sentence of 20 years in prison. In addition, the change in the position of the death penalty to an alternative sentence with conditions also opens up a loophole for perpetrators of premeditated murder to be free from the death penalty.
An Examination of Attempted Murder in Islamic Criminal Law Bancin, Muhammad Al Amin; 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.v7i3.40635

Abstract

This research examines attempted murder (qatl al-amd) in Islamic criminal law, which is considered a serious offense with strict legal consequences. In Islamic law, the intention (niyyah) and concrete action to kill someone are seen as morally and legally equivalent to the successful act of murder, referring to the principles of protection of human life (hifz al-nafs) and justice (‘adl). Attempted murder can arise in a variety of situations, including physical attacks with weapons or other life-endangering devices. This research explores the main criteria in assessing attempted murder, namely the existence of an intention to kill as well as concrete actions to achieve that goal. Based on a normative juridical approach and analysis of primary legal texts, the study found that Islamic law provides for proportionate punishment while taking into account factors such as the intention of the perpetrator, the condition of the victim, and the social context of the event. In addition, the principle of reconciliation in Islamic law emphasizes the need
The Validity of Electronic Evidence and Its Relation to Personal Data Protection Manurung, Karina Hasiyanni; Harefa, Beniharmoni
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.v7i4.41815

Abstract

An examination of electronic evidence within the context of Indonesian criminal law focuses on the evolving role of electronic evidence in criminal proceedings, highlighting the challenges arising from the absence of clear regulation in the Indonesian Criminal Procedure Code (KUHAP) and the necessity of balancing this with privacy rights under the Personal Data Protection Law (UU PDP). Electronic evidence, such as digital data and electronic documents, is increasingly recognized under the applicable laws in Indonesia, yet its practical application remains complex within the criminal justice system.  This research employs a normative legal methodology, analyzing relevant legal provisions and their interplay, particularly concerning the validity of electronic evidence and data privacy. Both statutory and conceptual approaches are utilized, reviewing primary legal materials such as KUHAP, UU PDP, and related regulations. The study also examines key legal principles, including compliance, transparency, and proportionality, in the context of handling electronic evidence.  Secondary data is gathered through a comprehensive literature review, including legal texts, academic books, and journals. The findings indicate significant gaps in the current legal framework, particularly regarding the procedural norms for evidence collection and the tension between privacy rights and criminal justice needs. The research concludes with recommendations for legal reforms aimed at integrating electronic evidence more effectively into KUHAP, ensuring greater consistency, safeguarding privacy, and promoting procedural fairness in criminal proceedings.
The Land Acquisition Compensation Process for Public Interest based on Law No. 2 of 2012 Riduan, Amelia Marchela Putri; 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.v7i4.41595

Abstract

Law No. 2 of 2012 concerning Land Acquisition for Public Interest is carried out with the aim of providing land for development for the public interest by terminating the legal relationship between land rights holders and their land rights by providing appropriate compensation. And its implementing regulations are regulated in Presidential Regulation Number 71 of 2012. In the implementation of the Land Acquisition process, there are often obstacles in the process or become legal and social conflicts between land owners and institutions that need land. On this basis, the study aims to determine the process of providing land compensation that meets the principles of the Land Acquisition Law and this study is expected to be able to be used as a reference if similar problems occur. The method used in this study is Normative Jurisprudence, with a Statute Approach that is relevant to the Land Acquisition Law.The results of the study indicate that land acquisition for public interest as regulated in the Land Acquisition Law aims to create justice between the rights of land owners and the needs of national development. This process involves providing fair compensation, including physical and non-physical compensation, while taking into account the socio-economic balance of land owners. However, in its implementation, conflicts often arise related to the legitimacy of ownership and community resistance. This study emphasizes the importance of deliberation and dignified compensation mechanisms to maintain socio-economic stability. The conclusion of the research isCompensation is carried out transparently and through deliberation, taking into account the balance between landowner rights and development needs. The form of compensation includes physical and non-physical, aiming to maintain the socio-economic stability of landowners while supporting national development and protecting the rights of all parties in need.
International Response to Urge United States’ Carbon Reduction Commitment on Willow Project Sebayang, Her Dianta Mehaga; Azaria, Davilla Prawidya
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.v7i4.40812

Abstract

A large oil drilling project located in Alaska, United States, called Willow aims to explore significant oil reserves. Although the project is intended to increase fossil fuel production in the region, its impacts have raised concerns worldwide because of its potential to produce significant carbon emissions. These emissions could exacerbate climate change worldwide and threaten local Alaskan ecosystems, including flora and fauna that are vulnerable to noise and air pollution. These effects could also disrupt nearby communities that rely heavily on a clean and healthy environment. The Willow Project’s compliance with international environmental law—specifically the Paris Agreement—is evaluated through case study and normative juridical methods. One of the responsibilities of signatory countries to this agreement is to reduce carbon emissions that will limit global warming. The findings show that the Willow Project is in conflict with this commitment and shows that the United States is not on board with its efforts to combat climate change. In addition, the study examines how the Willow Project impacts human rights, particularly the right to a clean environment. Many issues relate to transparency and accountability because the public is not sufficiently involved in the decision-making process of the project. The results of this study confirm that stricter international regulations must be implemented and greater oversight is needed for high-risk energy projects. Therefore, the international community must push for decisive action to ensure environmental sustainability and human rights protection in the future.
The Criminal Responsibility or Sending Fictive Packages with Cash on Delivery Payment Method to Victims Putra, Daffa Virgianto; Wahyuningsih, Yuli Yuliana
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.v7i4.42104

Abstract

This study aims to analyze the Causal Factors and Legal Handling Mechanisms in cases of sending fictitious packages with the Cash on Delivery payment method, with reference to Law No. Article 378 of the Criminal Code concerning fraud, Law No. 19 of 2016 concerning Information and Electronic Transactions (UU ITE), and Law No. 27 of 2022 concerning Personal Data Protection (UU PDP).With the development of the era and technological advances, the phenomenon of fraud through sending fake packages with the Cash on Delivery payment method has become one form of crime that is increasingly rampant in various regions. This modus operandi is carried out by the perpetrator by sending goods that were never ordered by the victim. Although there are related regulations, the sending of fake packages continues to occur. This study uses a normative juridical method that analyzes theories, concepts, legal principles, and relevant regulations. The findings of this study conclude that criminals exploit weaknesses in the system, such as personal data leaks, minimal identity verification, and lack of digital literacy among consumers in purchasing goods online, therefore Handling this phenomenon requires collaboration between e-commerce parties, consumers, and law enforcement officers.
The Effect Money Politic on the Level of Voter Participation Elections in Indonesian Ikhzami, Albi; Wardana, Dodi Jaya
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.v7i4.41637

Abstract

The phenomenon of money politics often appears in the electoral process in Indonesia. This behavior can undoubtedly influence the selection of legislative candidates by voters. The influence of money is a significant issue in political affairs. The rise of money politics during elections has made people consider this behavior an integral aspect of Indonesia's political culture. The practice of money politics is fundamentally against the principles of democracy, as the people's vote is the ultimate sovereignty, leading to adverse political competition. This study aims to prevent and explain the practice of money politics that often occurs in elections. The research findings show that there are several variables that contribute to the rampant practice of money politics. This creates opportunities for legislative candidates in elections to secure votes. The findings of this study indicate that money politics behavior can endanger the democratic system in Indonesia if it becomes prevalent, making the public prioritize the financial resources of legislative candidates over their competence among legislative candidates in ensuring election votes. Despite regulations prohibiting money politics outlined in Article 515 of Law Number 7 Year 2017 on Elections, the prevalence of such practices in most Indonesian communities cannot be denied. This is of course influenced by a variety of causative factors, including
The Position of Creditors Holding Fiduciary Securities in Bankruptcy Triyanto, Toni; Widodo, Hendro; Osman, Ahmed Kheir
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.41642

Abstract

Fiduciary is a transfer of ownership of a certain object by juridical levering from the original owner (debtor) to complete a debt agreement to the new owner based on trust alone (creditor), which is essentially a guarantee for the debtor's debt. On the other hand, the object remains under the debtor's control. The problem that occurs in a bankruptcy case is that in the settlement of bankruptcy assets, creditors holding fiduciary guarantees have the authority to execute their rights, as if bankruptcy had not occurred. The aim of writing this article is to analyze the settlement of bankruptcy assets to avoid regulatory conflicts between the Curator and Separatist Creditors. This type of research is normative legal research, namely legal research carried out by solving legal issues and at the same time providing prescriptions. It is prescriptive in nature, where it is legal research. That the position of separatist creditors in the bankruptcy process will take priority even if a bankruptcy occurs. This is stated in Article 27 paragraph (3) of the Fiduciary Guarantee Law which clearly states that priority rights are not extinguished even if bankruptcy occurs and Article 21 of the Mortgage Rights Law which states that the rights of separatist creditors are not lost in the event of bankruptcy and one of the rights Separatist creditors have the right to precede other creditors as stated in Article 20 paragraph (1) of the Mortgage Rights Law.
Law Enforcement Against Bank Account Breach by Hackers in Perspective of Legal Law Ndruru, Donius; Esther, July; Debora, Debora
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.43827

Abstract

The development of information and communication technology has changed the landscape of the financial industry, particularly in digital banking. Despite offering convenience to customers through services such as internet banking and mobile banking, the risk of cybercrime, such as account breaches, is increasing. This research aims to analyse law enforcement against hackers in cases of bank account break-ins in Indonesia. The method used is a normative legal approach, which involves the study of library materials through a statutory and case approach. Data sources include primary, secondary, and tertiary legal materials, which are analysed descriptively to understand relevant legal norms and doctrines. This research found that despite the existence of various laws related to personal data protection and cybercrime, challenges in law enforcement remain, including a lack of public awareness and adequate human resources. In recent years, bank account breaches have become more prevalent, with various modes that are increasingly sophisticated and difficult to detect. Real-life cases, such as the arrest of 35-year-old Palembang-born porters and hacker syndicate member Gerri Harri Wijaya, serve as important examples in highlighting the need to improve customer protection and banking system security. To stop similar atrocities, more public education and awareness is needed. The results of this study are expected to provide insights for the government, law enforcement agencies, and the banking sector in creating a safe environment for digital financial transactions, as well as raising public awareness about the risks of cybercrime.
The Importance of Local Wisdom Values of Customary Law in The Management of National Land Law Saktiawan, Muhammad Dias; Wiranto, Agus Prasetia
Jurnal Daulat Hukum Vol 8, No 1 (2025): March 2025
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.v8i1.41607

Abstract

Agrarian conflicts between customary law communities and the government have recently begun to flare up, this is due to the government's lack of attention to communities that have been guaranteed in communal rights, conflicts that occur in the form of disputes and even criminalisation of communities whose rights are deprived without legal certainty. This research uses the juridical analysis method by making secondary data as the main data in the form of literature studies and laws related to agrarian issues. The importance of customary law local wisdom values in the management of national land law can be concluded that the integration of these values has a significant positive impact in maintaining the sustainability of natural resources, strengthening environmental protection, and preserving cultural wisdom in Indonesia. Through the recognition and implementation of local wisdom values, we can create harmony between customary law and national law, improve the welfare of local communities, and ensure that land management is carried out in a sustainable manner.

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