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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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Juridical Review of the Food and Drug Administration Sales of Expired Food Stocks in Modern Markets Medan City Sunarto, Atika; Sitompul, Aryo; Aruan, Anri Penataran; Kaur, Pawiter Dinsha; Adnan, Muhammad Ali
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.v8i2.45582

Abstract

Food is a basic human need, and food safety is a consumer right protected by law. The circulation of expired food, including in Medan's modern markets, is a serious concern due to its impact on health. This research uses a descriptive-contextual qualitative method and highlights three important points.  This research aims to analyze the legal efforts of the Food and Drug Supervisory Agency (BPOM) in handling the sale of expired food in Medan's modern markets. BPOM has the authority to regulate, supervise, and take action against violations related to food safety. Relevant legal arrangements include the Consumer Protection Law and the Food Law. Businesses that sell expired food may be subject to administrative and criminal sanctions. BPOM conducts preventive efforts such as education and routine supervision, as well as repressive efforts in the form of confiscation, administrative sanctions, and criminal prosecution through cooperation with the police. This study concludes that the role of BPOM is very important in protecting consumers from the dangers of expired food, but synergy between law enforcement, business coaching, and increasing consumer awareness is needed to make consumer protection efforts more effective.
Legal Protection for Consumers Against Online Sales of Frozen Food That Do Not Have A Distribution Permit from The Food & Drug Supervisory Agency Manurung, Rosa Desi Natalisma; Sidauruk, Jinner; Gultom, Meli Hertati
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.v8i2.47253

Abstract

With so many frozen foods sold online, they must meet various requirements and procedures before they can be marketed and disseminated to the public, one of which is by including a distribution permit number. The provisions of a distribution permit are intended to protect the public from unsafe, low-quality and non-nutritious food products. However, some consumers still do not pay attention to the distribution permit. The problem that arises in this research is how legal efforts are made by consumers for processed frozen food that does not have a distribution permit that is traded online in terms of Legal Protection for Consumers in the Distribution of Unlicensed Frozen Food by BPOM in terms of Law Number 8 of 1999 concerning Consumer Protection, Law Number 18 of 2012 concerning Food, Food and Drug Monitoring Agency Regulation Number 8 of 2020 concerning the Supervision of Drugs and Food Circulated Online, Law Number 36 of 2009 concerning Health and how the responsibility of the Center for Food and Drug Control (BBPOM) for the circulation of frozen food products that do not have a distribution permit. To answer the problem, it is handled through the application of a normative legal research approach, which is a method that refers to legal norms carried out by literature study. The results of this study show that consumers are protected under several laws. Basically, consumers know about the importance of the distribution permit for cold processed food products, but they do not fully understand consumer protection. And shows that the Food and Drug Supervisory Agency Regulation Number 8 of 2020 concerning the Supervision of Drugs and Foods circulated online requires processed food products sold online to have a distribution permit and ensure the safety and quality of processed food products. To supervise the circulation of processed food, BPOM builds and assists businesses and cooperates with the Health Office. And the attitude of responsibility of business actors is in accordance with Article 19 of the UUPK.
The Legal Arrangements of Intellectual Property Rights in Indonesia on Addressing Priority Watch List Status Manurung, Oktavia Pitta Marito; Sidauruk, Jinner; Situmorang, Samuel FB
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.v8i2.47251

Abstract

Intellectual property law enforcement in Indonesia is not a new issue. Indonesia is still included in the Priority Watch List issued by the United States Trade Representative (USTR), which has an impact on the dynamics of international trade, particularly in influencing the decisions of foreign business actors to conduct trade activities in Indonesia. The issues examined in this research include: (1) How intellectual property law, specifically the provisions in Law No. 20 of 2016 concerning Trademarks and Geographical Indications, relate to trademark infringement as stated in the 2024 Special 301 Report by the USTR; and (2) what is the role and responsibility of the Indonesian Government in handling the Priority Watch List status in the 2024 Special 301 Report by the USTR. This research used a prescriptive normative (doctrinal) legal research method, with the aim of providing a comprehensive understanding of legal issues related to trademarks and government responsibilities in the context of international trade. The result show that the role and responsibility of the Indonesian government in addressing priority watchlist status, including raids and raids, conducting international cooperation with INTERPOL, USPTO. Indonesia is also active in implementing socialization and education on the importance of complying with intellectual property laws, to the point of forming an intellectual property task force such as an operational task force (Satgas OPS) to handle complaints of intellectual property violations.
The Juridical Analysis of Narcotics Abuse Settlement through Restorative Justice in Bekasi Septiana Agri, Siska; Kanthika, I Made; Markoni, Markoni; Sembiring, Malemna Sura Anabertha
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.47626

Abstract

This study aims to analyze the implementation of restorative justice in drug abuse cases at the District Attorney’s Office of Bekasi Regency. The approach is grounded in the values of substantive justice, humanity, and criminal justice system effectiveness, particularly in response to the inefficiencies of conventional penal models for drug users. This research adopts a normative juridical method and a case study approach of the suspect Muhamad Yunus. The resolution of narcotics abuse cases through rehabilitation is a mechanism inseparable from the implementation of restorative justice, with the spirit of restoring the original condition by rehabilitating the perpetrator of narcotics abuse, which constitutes a victimless crime. The Prosecution Service may terminate prosecution if the perpetrator meets certain criteria and can undergo rehabilitation, thereby providing a solution to narcotics abuse cases involving offenders better suited for rehabilitative measures. The findings reveal that while restorative justice is not explicitly regulated in Law No. 35 of 2009 on Narcotics, its implementation can be legally justified through prosecutorial discretion based on the Attorney General’s Regulation and integrated assessment results. The study also emphasizes the importance of amending legislation to strengthen the legal legitimacy of restorative justice in drug-related cases as a corrective and humanistic approach within Indonesia’s criminal justice system
The Innovation of Criminal Law Interpretation Model in Indonesia through Rule of Lenity Approach Susilo, Erwin; Negara, Dharma Setiawan; Lufsiana, Lufsiana
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.47103

Abstract

This research aims to explore and develop an innovative concept of criminal law interpretation in Indonesia through the Rule of Lenity (RoL) approach. The RoL principle, originating from the common law system, emphasizes that ambiguous criminal provisions must be interpreted narrowly and always in favor of the defendant. Within Indonesia’s civil law system, adopting RoL has the potential to strengthen legal certainty, safeguard defendants’ human rights, and reduce the risk of arbitrariness in law enforcement practices. The study employs normative legal research methods, focusing on theoretical foundations of the principle of legality, established doctrines of statutory interpretation, and comparative analysis of RoL application in common law jurisdictions, particularly the United States. The findings suggest that RoL in Indonesia should only serve as a last resort, applied strictly when all existing interpretative methods still leave unresolved ambiguity. This ensures that RoL does not undermine legal predictability while simultaneously upholding fairness in criminal adjudication. The conclusion highlights the necessity of explicitly regulating RoL within Indonesian positive law. Such regulation would provide judges with clearer guidance, reinforce protections for defendants, and contribute to achieving a balanced criminal justice system. Ultimately, the integration of RoL offers a pathway for Indonesia to harmonize its civil law tradition with a principle that enhances justice and prevents potential abuse of prosecutorial and judicial discretion.
Electoral Law Innovation to Strengthen Women's Representation in Parliament Virdaus, Saivol; Musofiana, Ida
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.44885

Abstract

In a healthy democratic system, it is important to involve women and men in policy-making and decision-making processes to achieve balance and justice. In Indonesia, despite the requirement for 30% female candidates for parliamentary positions, the representation of women elected remains below this target. This study uses a juridical-normative method with conceptual, legislative, and comparative approaches to answer how to ensure at least 30% female representation in parliament. The findings show that the current electoral system affects the low level of female election success, especially with the plurality voting system that presents significant challenges for women. Currently, Indonesia implements a gender quota as a candidate quota, which only mandates the nomination of 30% of women. However, its implementation has been ineffective as women still struggle to be elected, particularly under the open proportional system. To ensure at least 30% female representation, Indonesia needs to consider adopting a gender quota system like the reserved seat model, as applied in Rwanda, which allocates 30% of parliamentary seats for women, or in Uganda, where seats are specifically allocated for women in each district, thus increasing the chances for women to be elected.
The Role of the Regional Supervisory Board in Supervising the Notary Code of Ethics in Central Java Province Hartono, Vania Cahya; Sudarwanto, Albertus Sentot; Mulyanto, Mulyanto
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.48202

Abstract

This study aims to analyze the implementation of supervision by the Notary Supervisory Board (MPW) of Central Java Province regarding the implementation of the notary professional code of ethics, as well as the obstacles and solutions encountered. The research method used is normative legal research with a statute approach and a case approach. Legal sources include laws and regulations, notary codes of ethics, ministerial regulations, and secondary literature in the form of books, journals, and scientific articles. The results of the study indicate that normatively, the regulations regarding notary supervision are adequate as stipulated in Law No. 30 of 2004 in conjunction with Law No. 2 of 2014 concerning the Position of Notary, the Regulation of the Minister of Law and Human Rights, and the Notary Code of Ethics. However, in practice, obstacles are still found, such as budget limitations, low notary compliance with summons, weak deterrent effects of sanctions, and overlapping authority with the Notary Honorary Council. Nevertheless, the MPW continues to strive to carry out supervision through coaching, routine inspections, and recommendations for sanctions. For more effective oversight, data synchronization, improved coordination between levels of the assembly, stricter enforcement of sanctions, and strengthening of preventive functions through professional ethics education and outreach are required. Thus, the MPW is expected to maintain notary integrity while providing better legal protection for the public.
Plus Ultra: Juridical Analysis of Space Resources Utilization Mechanisms for Indonesia’s Future Regulation Hiawananta, Ozha Tiwa; Masyithoh, Novita Dewi; Ardila, Arina Hukmu
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.46274

Abstract

The current development of outer space has reached a new beginning, marked by many space company leveraging the opportunities of the space economy. Outer space itself is governed by a set of international treaties known as the Corpus Juris Spatialis. However, with the rapid advancement of space commercialization, the provisions of the Corpus Juris Spatialis are deemed unable to accommodate all existing phenomena. Therefore, many regulatory frameworks are currently being established to fill the gaps in the Corpus Juris Spatialis, one of which is domestic law. Along with advancements in space technology in spacefaring nations such as the United States and Japan alongs with non space firing nations such as Luxembourg, and the United Arab Emirates, domestic regulations have been enacted to permit private ownership of extracted space resources. On the other hand, Indonesia, as a non-spacefaring nation, currently lacks a legal framework for space commercialization related to the utilization of outer space resources in space mining activities. The objectives of this research are, first, to examine the international legal framework, national laws, and those created by international organizations related to the utilization of outer space governance. Second, this research will attempt to provide a new perspective on a comprehensive and responsible national regulatory framework for commercialization. This study used a normative juridical method with a comparative and conceptual approach to evaluate regulatory mechanisms, particularly the application of the "systematic and organized" model. By analyzing international space conventions, as well as domestic instruments. The research findings indicate that there are several conceptual differences regarding space resources among countries with space licensing regulations, each regulating space resources slightly different. Ultimately, this research proposes the establishment of a comprehensive national legal framework in the future to regulate licensing, ownership rights, liability, sanctions, and taxation mechanisms for the utilization of outer space resources. This framework aims to ensure legal certainty and align Indonesia's interests with the norms of international space law.
Criminal Legal Analysis on Conversion of Forest Areas Into Oil Palm Plantations: A Case Study in Belitung Regency Yuda, Darma; Sukrisno, Wijayono Hadi
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.47072

Abstract

This study aims to analyze the crime of converting forest areas into oil palm plantations in Belitung Regency. The focus of the study is directed at the identification of elements of criminal acts in the misuse of forest areas as well as the application of criminal law and forestry administration in the settlement of these cases. The research method used is normative juridical with a legislative approach and case studies. The results of the study show that the conversion of forest areas without permits violates the provisions of Law Number 41 of 1999 concerning Forestry and Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction. Elements of criminal acts include unlawful acts, environmental damage, and intentional elements. The application of criminal law has not been maximized due to weak supervision, lack of coordination between agencies, and lack of deterrent effect for perpetrators. Meanwhile, from the aspect of forestry administration, the control of permits and the restoration of forest areas are important steps in the effort to solve it. A more stringent legal approach and improved forest governance are needed to prevent the recurrence of similar violations in the future.
The Legal Effectiveness of Government’s Role in Managing Parking Revenue in Batam and Its Impact on Local Government Revenue Mahardihka, Delvin Shakira; Alhakim, Abdurrakhman; Situmeang, Ampuan
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 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.v8i3.46960

Abstract

Parking is an activity regulated by the government as a source of local revenue to support infrastructure development. The management of parking revenue in Batam City refers to Law Number 28 of 2009 on Local Taxes and Levies and Local Regulation of Batam City Number 1 of 2024. The problem of this research is the effectiveness of the government's role in managing parking revenue in Batam City, especially in the aspects of facilities, community participation, and culture of legal compliance. This research aims to analyze the role of government in managing parking revenue in Batam City. The method used is empirical juridical research involving in-depth interviews with the Local Revenue Agency, Transportation Agency, as well as parking attendants in Batam City with statutory approach, conceptual approach and sociological approach. The results show that the government has a strategic role in ensuring that parking revenue is optimally distributed, both for the welfare of parking attendants and the development of city infrastructure. In addition to effective regulations, the main challenges in optimizing the parking system in Batam City lie in improving facilities, public participation, and strengthening the culture of compliance with parking regulations. Therefore, synergy between government policies, especially related to technology and public education, is needed to create a parking system that is more transparent, efficient, and contributes maximally to local revenue.

Page 44 of 52 | Total Record : 514

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