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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 Criminal Policy Analysis Against Perpetrators in The Crime of Murder Under The Alcohol Influence Bagaskoro, M. Rizal; Khumaeroh, Irda Nur
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.v8i1.41608

Abstract

Alcohol can cause intoxication (poisoning, numbing) of the brain. Drinks seem to cause psychoseacuut, with signs including euphorie (feeling great, happy), loss of moral control, lack of self-criticism, feeling great, trivialising danger, little concentration. This writing aims to know and understand the criminal policy towards the perpetrators of the crime of murder under the influence of alcohol and the form of criminal liability by the perpetrators of the crime of murder under the influence of alcohol. The research method used is normative juridical with statutory approach method. The results showed that the criminal policy against the perpetrators of the crime of murder influenced by liquor in force at this time, there is no provision that prohibits a person to drink liquor. Criminal responsibility by the perpetrator of the crime of murder influenced by alcohol can be held accountable for the perpetrator who deliberately brings himself into a state of intoxication (action libera in causa), with the intention of being more courageous in committing a crime. 
The Arrangement Unus Testis Nullus Testis in Sexual Violence Crime Cases: Crucial or Over-Regulation? Mardhiah, Ainal; Susilo, Erwin; Negara, Dharma Setiawan
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.v8i1.44613

Abstract

The principle unus testis nullus testis is a fundamental evidentiary rule in Indonesian criminal procedure, requiring at least two valid pieces of evidence to convict a defendant. This principle aligns with the negative legal system approach, emphasizing judicial certainty in criminal trials. However, its strict application in cases of sexual violence presents challenges, as these crimes often occur in closed settings where the victim is the sole witness. Recognizing this, Law No. 12 of 2022 on Sexual Violence Crimes introduces a provision that allows a victim's testimony, supported by at least one other piece of evidence, to be sufficient for conviction. This study examines the normative conflict between Article 25(1) of Law No. 12 of 2022 and Article 185(2) KUHAP, which traditionally enforces the unus testis nullus testis principle. By employing a normative juridical approach, this research analyzes the necessity and implications of this special provision, comparing its application with Dutch legal practice, where courts allow supporting evidence beyond direct witness testimony (steunbewijs). The findings suggest that while special considerations for sexual violence cases are justified, Article 25(1) of Law No. 12 of 2022 may constitute over-regulation, as its substance is already accommodated within the existing evidentiary framework of the KUHAP. This research highlights the need for harmonization between special provisions on sexual violence cases and general evidentiary rules to ensure legal certainty while upholding justice for victims. Future legislative reforms should focus on integrating these provisions systematically to prevent redundancy and inconsistencies within Indonesia’s criminal justice system.
The Criminal Responsibility in Cases of Child Abortion Darmawan, Agung Wibowo; Octarina, Nynda Fatmawati
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.v8i1.44616

Abstract

This study analyzes criminal liability in cases of abortion carried out by minors and considers whether the immature age can be a reason for the elimination of criminal liability. Given that children are in a vulnerable position and often do not understand the legal consequences, social and economic factors such as family pressure, partners, or community stigma also influence their decisions. Using qualitative methods, this study examines legal aspects based on court decisions and regulations in Indonesia and compares legal approaches in other countries. The results of the study show that although children have special legal protection, this does not automatically eliminate criminal liability, except in certain conditions such as coercion or unconsciousness. In many cases, children who have abortions are actually victims of exploitation or sexual violence, so they need protection more than punishment. Therefore, this study emphasizes the importance of legal policy reform that pays more attention to psychological and social aspects, so that the justice system is not only oriented towards punishment, but also towards the restoration and protection of children's rights.
The Limitations of the Non-Profit Concept in the Foundation Law Muntaha, Nur Rahmad; Octarina, Nynda Fatmawati
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.v8i1.44614

Abstract

This study examines the concept of non-profit in the Foundation Law and its implications for foundations' obligations to implement minimum wages for their employees. Although foundations are oriented towards social goals without seeking profit, they still employ workers who are entitled to employment protection. Dependence on unstable funding sources, such as donations and grants, often poses a challenge in fulfilling these obligations. Using a qualitative method based on normative analysis, this study examines regulations, court decisions, and legal doctrine to determine whether foundations are required to pay minimum wages. The results of the study show that despite their financial limitations, foundations are still required to comply with employment provisions because there are no exceptions in the regulations. Therefore, flexible policies, such as subsidies or incentives, are needed to maintain a balance between the sustainability of foundations and the fulfillment of workers' rights according to legal provisions.
Legal Analysis of Default in Oral Lease Agreement (Case Study of Supreme Court Decision No. 2368 K/Pdt/2019) Dantjie, Angel Heraria; Surahmad, Surahmad
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 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.v8i2.45526

Abstract

Agreements are one of the main sources of civil legal relations in Indonesia. In practice, agreements are not always stated in written form, but are often made orally. This raises legal issues when a breach of contract occurs and the injured party files a lawsuit in court. This journal discusses the Supreme Court Decision No. 2368 K/Pdt/2019 between Flavianus Fexa versus Cau Phen as a concrete example of the validity of oral agreements and their proof in civil procedural law. The analysis focuses on the application of Articles 1320, 1234, and 1238 of the Civil Code and the Supreme Court's considerations in declaring the defendant in breach of contract. Although the plaintiff's lawsuit was rejected at the District Court and High Court levels due to the absence of written evidence, the Supreme Court granted the cassation by emphasizing the importance of substantial justice and the validity of proof through other evidence such as witnesses and summons letters. This decision confirms that oral agreements remain valid as long as they meet the elements of an agreement, have a clear object, and can be proven. In addition, this decision can also be an important precedent in the practice of Indonesian civil law, considering that many people still make agreements verbally. The conclusion of this Journal emphasizes the importance of legal protection for oral agreements and the flexibility of judges in upholding substantive justice compared to mere procedural formalities.
Passive Constitutional Rights of Former Convictors in Regional Head Elections (Perspective of Constitutional Court Decision No. 42/PUU- XIII/2015) Kurniawan, Anfal; Yudhanti, Ristina
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 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.v8i2.44927

Abstract

This study discusses the political rights of former convicts to run as regional head candidates. This article is the result of an analysis of the Constitutional Court's decision No. 42/PUU-XIII/2015 which grants political rights to former convicts to run as regional head candidates. The basis for consideration (ratio decidendi) of the Constitutional Court's decision is; the right to vote and be elected can only be revoked based on a court decision, not based on statutory provisions; a person who has served a sentence and is released from prison is essentially a person who has repented and regrets his actions, so it is not appropriate to be given another punishment through statutory provisions that prohibit running in regional head elections. On that basis, the Constitutional Court grants the right to former convicts to run as regional heads. The Constitutional Court's decision has legal consequences for former convicts who were previously not allowed to run as regional head candidates. After the Constitutional Court's decision, convicts have the same rights to run in regional elections.
The Impact of Constitutional Court Decision No. 168/PUU-XXI/2023 on The Employment Cluster in The Job Creation Law: Implications for The Use of Foreign Workers in National Strategic Projects Estiwardani, Fitri
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 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.v8i2.44863

Abstract

The ratification of Law No. 11 of 2020 on Job Creation, using the omnibus law concept, marks a new beginning in the legislative process, including in the employment sectors. This law consists of 11 clusters, one of which is the Employment cluster. While the Job Creation Law has undergone changes due to judicial review, it has also faced significant debate and controversy. The omnibus concept aims to simplify, synchronize, and streamline regulations that hinder the goals of job creation and investment in the real sector. National strategic projects supported by the Job Creation Law have led to an influx of foreign workers. If the foreign worker licensing process is simplified, especially to support these national strategic projects, it must still consider that the positions filled by foreign workers cannot be filled by Indonesian workers. The debate and rejection of the Job Creation Law, culminating in the filing of a judicial review request to the Constitutional Court regarding the employment cluster (Decision 168/PUU-XXI/2023), suggests that the omnibus law concept may not be the appropriate approach for the formation of Employment Law, as there are norms that conflict with the 1945 Constitution of the Republic of Indonesia.
Legal Analysis of The Role of Diskominfo in Realizing Transparency & Public Participation in Gresik Regency Zulvikar, Muhammad Vicki; Wardana, Dodi Jaya
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 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.v8i2.45172

Abstract

The government is responsible for maintaining the transparency of public services and improving public understanding of the law.  Data shows an increase in internet access in Indonesia between 2018 and 2022, with 98.44% of people using smartphones to access the internet in 2022.  Nevertheless, the APJII 2022-2023 survey shows that there are still many people who do not know the existing applications to improve public service transparency, especially in Gresik.  To combat the spread of hoaxes and help governments combat fake websites, decisive action is needed. This research shows that understanding the public is an important part of the democratic process, and increasing public awareness can help them better engage in public service. The findings of this study focus on the relationship between government and society is critical to achieving transparency, which is part of good governance. The findings of this study emphasize that electronic governance systems are very important to increase transparency and public participation. Improved training, technological infrastructure and application development are still needed, although there are still obstacles such as a lack of skilled human resources in the field of Information Technology. With the improvement of regulation and digital education, Diskominfo of Gresik Regency is expected to improve these conditions. To ensure public services run properly, applications such as Gresik Media must be used correctly. To ensure that the public can access clear and open policies and information, all government entities must support transparency in accordance with applicable law. All this is essential to support a good democracy.
Land Control in The Beach Border Area According to Presidential Regulation No. 51 of 2016 Riti, Kristina Daido
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 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.v8i2.44843

Abstract

Presidential Decree No. 51 of 2016 concerning Coastal Boundaries stipulates regulations regarding land use in coastal areas to protect ecosystems and prevent environmental degradation. This research aims to analyze these regulations in the context of protecting community rights and environmental sustainability. This research analyzes regulations governing restrictions on land ownership in coastal border areas as well as protection mechanisms for traditional and local communities by applying normative juridical methods. The research results show that the coastal border is state land whose use is restricted, except for public interests or conservation with government permission. This regulation provides legal protection for communities through recognition of customary rights, public consultation, as well as compensation and relocation mechanisms. Apart from that, there are administrative sanctions for parties who violate the provisions, including written warnings, fines, and demolition of illegal buildings. Regional governments have the authority to supervise and enforce these regulations, while still considering humanitarian aspects and community rights. Implementation of this policy is expected to balance development and conservation interests, protect coastal ecosystems which are vital for environmental sustainability, and prevent the risk of natural disasters. Thus, this regulation plays an important role in realizing sustainable coastal management and supports the interests of future generations.
Legal Analysis of Notary's Obligations and Responsibilities in Providing Social Services in Medan City Adnan, Muhammad Ali; Tarigan, Erlangga P Suranta; Zendrato, Rizaldo; Sunarto, Atika
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 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.v8i2.45653

Abstract

Notaries have important duties and responsibilities in providing social services, in accordance with Law No. 2/2014 on the amendment of Law No. 30/2004 on the Office of Notary. These duties are mainly related to making legal deeds and ensuring that legal actions are carried out in accordance with applicable rules. This study aims to examine the duties and responsibilities of notaries in social services as well as the impact of negligence in performing duties, including the legal sanctions that can be imposed. The analysis shows that notary negligence can harm the parties involved and undermine trust in the notary profession. Therefore, supervision of notary performance needs to be improved, and sanctions should be strictly applied to those who are negligent. Continuous education and training, as well as transparency in decision making, are important to reduce errors and improve the quality of legal services.

Page 42 of 52 | Total Record : 514

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