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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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Misapplication of the Concept of Actual Losses in Pretrial Decision No.113/Pid.Pra/2024/PN.Jkt.Sel Dana, Robin; Alhadi, Muhammad Nurcholis; Surahman, Surahman; Elviandri, Elviandri
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.v8i2.45648

Abstract

Corruption is a special crime that is different from general crimes because it requires state financial losses as a basic element. Constitutional Court Decision No. 25/PUU-XIV/2016 emphasizes that corruption must be viewed as a material crime, so that the element of real and definite state losses (actual loss) must be proven investigatively. This concept requires an accurate and final calculation of state losses as part of at least two valid pieces of evidence as specified in Article 184 of the Criminal Procedure Code. This study aims to examine the judge's error in the Pretrial Decision No. 113/Pid.Pra/2024/PN Jkt.Sel, which does not make actual loss a valid piece of evidence in the application of coercive measures against corruption suspects. Using normative research methods through a legal approach and case studies, as well as qualitative analysis, it was found that pretrial judges still use a formal crime approach and accept evidence that does not meet the actual loss standard. This error has implications for legal uncertainty and has the potential to harm the suspect's rights in the criminal process.
Juridical Review of The Term Limitation of Political Party Chairman to Realize Constitutional Democracy in Indonesia Adhiba, Lingga Zalfa; Wedhatami, Bayangsari
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.v8i2.45595

Abstract

Political parties are crucial institutions in Indonesian democracy, but the absence of term limits for party chairpersons has the potential to create power domination, oligarchy, and weakening of internal party mechanisms. This study analyzes the urgency of limiting the term of office of political party chairmen and formulates ideal norms in the positive legal system in Indonesia. The results show that the absence of this regulation has triggered individual domination, such as prolonged leadership in PDIP and NasDem, barriers to regeneration, and misappropriation. Article 1 Paragraph (2) and Article 28E Paragraph (3) of the 1945 Constitution juridically become the constitutional basis, even though Law No. 2 Of 2011 on the Amendment to Law No. 2 Of 2008 on Political Parties does not explicitly regulate it. The author recommends: (1) revising the Article 23 Paragraph (1) of the Political Party Law to limit the term of office of the party chairman to a maximum of two terms and 5 years in office; (2) an independent supervision mechanism; (3) transparency of the succession process; and (4) the application of sanctions for violating parties. The implementation of this policy is expected to strengthen constitutional democracy, prevent oligarchy, and encourage the political participation of the younger generation. Cooperation between the government and civil society is needed to realize constitutional democracy in Indonesia.
Analysis of Legal Protection on Employment Contracts Between Owner and Ship Crew at One of PT. Pelayaran Samudra Kancana Hendriyanto, Saini; Handayani, Pristika; Hadiyanto, Alwan
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.v8i2.45084

Abstract

The problem of sailor protection in its implementation is still far from expectations. This is evident in the practice of employment in the maritime sector, there are still things that are not in accordance with what has been stipulated in the Employment Law. Where employers still make their own rules for the benefit of the company without considering the rights of their workers. This research used the qualitative approach which is a research approach that aims to understand phenomena about what is experienced by research subjects, such as behavior, perception, motivation, actions and so on holistically and by means of description in the form of words and language in a specific context. Based on the results of the study, it was concluded that state protection of maritime workers is still weak and slow from maritime security and safety threats. Other issues such as wages, maritime work contracts, Indonesian maritime professional certification, strikes, unilateral layoffs, severance pay, freedom of association of maritime workers, and foreign sailor workers are issues that have been problems for both shipping companies and Indonesian sailor workers. The state must be fair in the payroll system, the internal supervision function must still have external supervision, there needs to be a ministerial or presidential decision on the salary standards of Indonesian sailors.
Implementation of Cyber Notary as a Notary Transformation in the Digital Economy Era (Comparative Study of German Notary Law) Handayani, Umi; Sulistiyono, Adi; Tejomurti, Kukuh
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.v8i2.45649

Abstract

The process of implementing the Cyber Notary concept in Indonesia still faces various obstacles due to the provisions in Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary or abbreviated as UUJN which still applies the principle of " Tabellionis Officium Fideliter Exerbo" and several articles in the UUJN which are still traditional. This article analyzes the opportunities and obstacles to implementing Cyber Notary in the Indonesian legal system in facing the Digital Economy era, and elaborates on the best practices of German notary law which has previously implemented the Cyber Notary concept. This article is a legal research with a socio-legal approach, namely that which is related to law and technology and a comparison of notary law with Germany. The results of this study are that there are still several regulations that hinder the entry of the Cyber Notary concept in Indonesia so that changes are needed to the UUJN and the formation of other regulations that support this concept, but on the other hand there is an opportunity for the Cyber Notary concept to be implemented, as stated in the explanation of Article 15 number (3) of the UUJN which is the entry point for the Cyber Notary concept. In order to make changes to the UUJN, Indonesia can make Germany a rule model because it has previously implemented the Cyber Notary concept and has succeeded in integrating digital technology into Notary practices, such as the use of digital signatures, the use of video conferencing and the storage of electronic document archives.
The Analysis of the Role & Obligations of Notaries in Protecting Data Security Based on the Personal Data Protection Law Frisca, Frisca; Gunadi, Ariawan
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.v8i2.45098

Abstract

Notaries as public officials who are authorized to make authentic deeds carry out their duties and authorities inseparable from the processing of Personal Data, both physical and electronic. Notaries process Personal Data not only for Personal Data subjects, namely Clients, but also for workers or interns, or third parties whose information is provided by the Client. Since the enactment of the PDP Law, Notaries as officials who make authentic deeds in processing Personal Data are not only obliged to maintain the confidentiality of Personal Data, but there are also several other obligations regulated in the PDP Law as an effort to prevent and eradicate potential cybercrime. In this study, the author will dissect the role and obligations of Notaries in the security of Personal Data based on the PDP Law. The study used a normative legal method with a statutory approach and a conceptual approach. Through this study, it is concluded that a Notary as an official who makes authentic deeds has a crucial role, namely as a Personal Data Controller who can determine the purpose and method of processing personal data. Notaries have several obligations as regulated in the PDP Law, including having a basis for processing, ensuring the security of personal data, assessing the impact of Personal Data Protection, recording all personal data processing activities, appointing Personal Data Protection officials, fulfilling the rights of personal data subjects, and others. The ultimate goal of this study is expected to provide knowledge and legal certainty related to Personal Data Protection in notarial practice.
Strict Liability Principles Regulation on Corporate Crimes in Environmental Pollution & Strengthening Criminal Penalties in Indonesia Candrawati, Ni Komang Ayu; Kurniawan, I Gede Agus
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.v8i1.44878

Abstract

Corporations as legal subjects have great potential to cause environmental pollution, especially in the era of increasingly massive industrialization. Legal protection for the environment in Indonesia was initially strengthened through the application of the strict liability concept in Article 88 of the Environmental Protection and Management Law (UU PPLH). However, since the enactment of the Job Creation Law, the principle of absolute responsibility has experienced significant degradation, which has an impact on weak law enforcement against corporations that pollute the environment. This study aims to analyze in detail the legal regulations for corporate crimes in cases of environmental pollution in Indonesia, with a focus on significant changes after the enactment of the Job Creation Law and their impact on environmental protection efforts and justice for affected communities. This study used a normative juridical method with a statutory approach and a conceptual approach. Data are analyzed qualitatively by examining laws and regulations, court decisions, legal doctrines, and relevant literature. The results of the study show that the elimination of the phrase “… without the need for proof of guilt …” in Article 88 of the PPLH Law by the Job Creation Law has weakened the application of the strict liability principle, making it more difficult for business actors to be held legally accountable. This has the potential to increase environmental damage because the burden of proof is now shifted back to the victim. As a result, substantive justice for the community and the effectiveness of environmental protection are increasingly threatened. In addition, the presence of PP No. 22 of 2021 and Law No. 6 of 2023 emphasizes legal uncertainty and opens loopholes for corporate actors to avoid criminal responsibility.
Implementation of Electronic Land Service System on the Effectiveness of Land Deed Officials in South Jakarta Alifa, Alifa; Sudiro, Ahmad
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.v8i2.45645

Abstract

The development of information technology in the land sector has encouraged the birth of a digitalization policy for services by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) through the implementation of the Electronic Land Service System. This innovation is intended to increase transparency, speed, and accuracy in the land administration process, especially for Land Deed Officials (PPAT) who are at the forefront of land rights transfer services. This study aims to examine the influence of the Electronic Land Service System on the effectiveness of PPAT work in the South Jakarta Administrative City area. The study uses an empirical approach with quantitative and qualitative methods, where data is obtained through distributing questionnaires and interviews with active PPATs. The results of the analysis show that the implementation of the Electronic Land Service System has a positive impact on work time efficiency, document accuracy, and increased service satisfaction. However, a number of obstacles were still found, such as lack of technical training and limited system accessibility under certain conditions. Based on these findings, optimization of digital infrastructure and increased user capacity are needed so that the Electronic Land Service System can run more optimally and sustainably in supporting PPAT performance and quality public services.
Fulfillment of Rights to Recovery for Victims of Sexual Violence Which Settlement is Made Outside the Judicial Process in Ternate City Syafari, Tri; Fathurahim, Fathurrahim; Robo, Basto Daeng
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.v8i2.45282

Abstract

It was recorded that in 2022 the number of sexual violence in North Maluku Province reached 285 cases, where this number is considered very worrying because in 2021 there were 144 cases, an increase of 141 cases or almost 100% from the previous year. Research conducted in the city of Ternate as a barometer for North Maluku Province, provides an illustration that fulfilling the right to recovery for victims of sexual violence whose resolution is carried out outside the judicial process. However, the implications of peace can certainly not benefit the victim. This research is a type of juridical-normative research, namely research carried out by examining secondary materials and library materials. The type of approach used is a conceptual approach and a statutory regulatory approach. That the fulfillment of the right to recovery for victims of sexual violence whose resolution was carried out outside the judicial process in Ternate City in the form of handling the 3 cases was carried out peacefully by fulfilling the conditions agreed upon by both parties, namely fulfilling their right to recovery in the form of material rehabilitation in the form of compensation, in this case the perpetrator provided tuition fees. victim. That the implications of peace can certainly not benefit the victim, because in the end the perpetrator was free with a guarantee of compensation given to the victim's family so that the case was not continued. This situation shows that one form of sexual violence has the potential to give rise to other forms of sexual violence, for example rape results in forced marriage for survivors.
Fulfillment of Child Support Rights After Divorce by a Convicted Father Anggraeni, Dinda Restya; Sulastri, Sulastri
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.v8i2.45601

Abstract

Children are a mandate and gift from God who naturally have dignity and honor as human beings. On that basis, children have the right to receive full protection, especially regarding the protection of their basic rights. According to Government Regulation (PP) Article 1 No. 59 of 2019, "children's rights are part of human rights that must be guaranteed, protected, and fulfilled by parents, families, communities, the state, the government, and local governments." Child care includes their rights, such as to sustenance, health, clothing, education, and housing, as well as the right to receive love, attention, and protection from parents. This study uses a normative legal method through a statutory approach. The data in this study were collected through library research data collection techniques. In conclusion, the fulfillment of children's rights to sustenance after divorce is a legal obligation that remains attached to parents, especially fathers, even though the marriage bond has ended. Children still have the right to proper care and education until adulthood or are able to stand alone, as regulated in various laws and regulations, such as the Marriage Law, the Compilation of Islamic Law, and special regulations that apply to certain professions such as civil servants, police, and military. Negligence in fulfilling children's needs can be categorized as a form of neglect that has implications for criminal and civil sanctions.
When Favoritism Becomes a Crime: A Comparative Analysis of Nepotism in Anti-Corruption Enforcement Priyambodo, Muhammad Bagus; Wahyudi, Slamet Tri
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.v8i2.44941

Abstract

Nepotism, as a form of favoritism, continues to pose a significant threat to public sector integrity, particularly in Indonesia where familial ties often influence appointments and resource allocation. This study aims to critically analyze the legal treatment of nepotism in Indonesia under Act No. 28 of 1999 and compare it with Australia’s approach through the common law and statutory offence of Misconduct in Public Office (MIPO). Using a normative legal research method, the study examines statutory texts, judicial precedents, and institutional practices in both countries. It highlights significant legal and institutional shortcomings in Indonesia’s framework, including vague definitions of key terms, lack of enforcement mechanisms, and the exclusion of nepotism cases from the jurisdiction of the Corruption Eradication Commission (KPK). The novelty of this research lies in its comparative analysis, extending beyond domestic critique by systematically contrasting Indonesia’s narrow and fragmented legal approach with Australia’s broader, enforceable, and institutionally supported anti-nepotism framework. The findings reveal that while Indonesia limits nepotism to material harm in public appointments and procurement, Australia criminalizes a wider range of misconduct through clearly defined laws enforced by independent anti-corruption commissions. This contrast underscores the need for Indonesia to reform its legal definitions, expand enforcement authority, and integrate anti-nepotism measures with broader governance reforms. The study concludes that strengthening Indonesia’s legal and institutional capacity, informed by Australia’s model, is essential to addressing nepotism as both a legal and governance challenge.

Page 43 of 52 | Total Record : 514

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