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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 448 Documents
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Legal Proof of Capital Market Manipulation in Indonesia: Case 34/Pid.Sus-TPK/2020/PN.Jkt.Pst Analysis Abilah, Rahma Christabel; Rasji, Rasji
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.v8i3.48431

Abstract

The legal framework contained in Articles 90 to 93 of the Law Number 8 of 1995 on Capital Market affirms the prohibition of market manipulation practices. Nevertheless, the effectiveness of law enforcement is often hindered due to the complexities involved in proving market manipulation, which include the perpetrators' sophisticated modus operandi, limitations of legal instruments, and weaknesses in investigative mechanisms. The PT Asuransi Jiwasraya case, as adjudicated in Judgment in the Criminal Corruption Case No. 34/Pid.Sus-TPK/2020/PN.Jkt.Pst dated October 12 th, 2020, illustrates the evidentiary complexities of market manipulation, given that such offenses were committed by white-collar criminals in a structured manner, employing nominees so that transactions appeared administratively legitimate. This research adopts a normative juridical method, using a statutory approach and case study analysis to examine regulatory weaknesses and propose an applicable evidentiary model. The findings reveal that the absence of specific evidentiary rules, the weakness of tracing mechanisms for market manipulation, and the limited capacity of law enforcement authorities constitute major obstacles in addressing such cases in Indonesia. The study proposes an ideal evidentiary model grounded in judicial decision analysis and the strengthening of the role of law enforcement authorities. These findings underscore the urgency of reforming capital market regulations to ensure more effective enforcement against market manipulation and to restore public confidence.
Monopolistic Practices by Google LLC through the Implementation of the Google Play Billing System (Case Study of KPPU Decision Number 03/KPPU-I/2024) Azzahra, Dinda; Hutabarat, Sylvana Murni Deborah
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.v8i3.48478

Abstract

Digital businesses are growing along with technological advancements. As one of the largest technology companies in the world, Google controls more than 90% of the digital application distribution market share. Google has implemented a coercive Google Play Billing System, thus triggering monopolistic practices in the digital market. This study aims to analyze the form of monopolistic practices of Google LLC through the Google Play Billing System and examine its impact on business competition, technological innovation, application developers, and consumers in the Indonesian digital ecosystem. The research method uses normative juridical with a case study approach of Case Decision No. 03/KPPU-I/2024 through an analysis of statutory regulations. The results show that the implementation of the Google Play Billing System fulfills the elements of monopolistic practices as stipulated in Article 17 of Law No. 5 of 1999 through dominant market control, control of payment system access, and restrictions on consumer and developer choices. The impacts of the Google Play Billing System policy include increased developer operational costs, obstacles to innovation in alternative payment technologies, dependence on the Google ecosystem, and reduced consumer choices.
The State Responsibility for Identity Errors in the Issuance of Land Ownership Certificates in Judicial Proceedings Kurniawan, Stanley; Rahayu, Mella Ismelina Farma
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.v8i3.48551

Abstract

This study examines the state’s responsibility for identity errors in the issuance of land ownership certificates and their implications in judicial proof. The ideal framework of Indonesian land law, as stipulated in the 1960 Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997, promises legal certainty through land certificates as strong evidence of ownership. In practice, however, administrative identity errors such as incorrect names, boundaries, or measurement data often weaken the evidentiary value of certificates in court. Using a normative juridical method based on doctrinal analysis, regulations, and court decisions, this study finds that defective certificates may be annulled even when held by good-faith owners. This highlights a research gap: the lack of systematic analysis on the state’s responsibility for administrative errors in certificates. The study concludes that the state must be accountable through preventive responsibility (error prevention), curative responsibility (administrative correction and compensation), and repressive responsibility (provision of damages). The study recommends integrating land registration with civil registry data, improving identity verification mechanisms, and strengthening legal protection to ensure land certificates effectively function as instruments of legal certainty.
The Validity of Property Ownership by Indonesian Citizens in Mixed Marriages: A Review of the Constitutional Court Decision No. 69/PUU-XIII/2015 Nurjayanti, Florencia Devi; Sudiro, Amad
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.v8i3.48572

Abstract

The issue of property ownership by Indonesian citizens (WNI) in mixed marriages with foreign nationals (WNA) has long created legal uncertainty, particularly regarding land and building ownership. The main legal obstacle lies in Article 21 paragraph (1) of the Basic Agrarian Law (UUPA), which restricts ownership rights over land exclusively to Indonesian citizens. Consequently, an Indonesian citizen married to a foreign national without a prenuptial agreement is deemed to have community property, thereby making land or building ownership contradictory to national agrarian regulations. This study aims to analyze the validity of property ownership by Indonesian citizens in mixed marriages based on Constitutional Court Decision No. 69/PUU-XIII/2015. The research employs a normative juridical method, using statutory, conceptual, and case study approaches—particularly focusing on the reinterpretation of Article 29 of Law No. 1 of 1974 concerning Marriage. Through its decision, the Constitutional Court ruled that a marital agreement may be made not only before or at the time of marriage but also during the course of marriage. This ruling provides a new legal avenue for Indonesian citizens to retain ownership rights over land and buildings by creating a post-nuptial agreement that separates assets from their foreign spouse. The findings indicate that although the decision grants stronger constitutional protection for Indonesian citizens, its implementation still faces administrative challenges and disharmony among implementing regulations. The novelty of this research lies in identifying the Constitutional Court’s ruling as a form of substantive legal reform that harmonizes marriage law and national agrarian law, while simultaneously reinforcing the constitutional principles of legal certainty and equality for all citizens.
The Implications of a Ruling that is Insufficiently Motivated in Assesing Land Ownership by Communities on HGU Land Sutjiadi, Andreas; Rahayu, Mella Ismelina Farma
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.v8i3.48588

Abstract

This study is motivated by the gap between the judicial ideal, which obliges judges to provide adequate legal reasoning (motiveringsplicht), and the reality in appellate courts that often produce onvoldoende gemotiveerd (insufficiently reasoned) decisions. Weak judicial reasoning not only increases the risk of annulment by the Supreme Court but also worsens the legal standing of local communities in land disputes over Hak Guna Usaha (HGU). The research gap lies in the lack of studies linking appellate court decisions to the legal status of community landholders on HGU plots. This research employs a normative juridical approach with doctrinal analysis supported by secondary data from court rulings and agrarian law literature. The findings reveal that onvoldoende gemotiveerd decisions undermine the legitimacy of district courts, prolong agrarian disputes, and intensify the dualism between formal law and social reality. This study highlights the urgency of reforming judicial reasoning so that the layered court system can deliver substantive justice while ensuring legal certainty for affected communities.
Legal Aspects of Governance Regarding Single Candidates Against Empty Boxes in Regional Elections and Their Implications for Indonesian Democracy Janah, Eka Nur; Jaya Wardana, Dodi
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.v8i3.48646

Abstract

Regional elections with a single candidate against an empty ticket raise fundamental questions regarding their compliance with democratic principles and constitutionality, as well as their impact on political stability. This study aims to analyze the legal aspects of governance related to this mechanism and its impact on Indonesia's democratic system. The method used is normative juridical with a statutory and conceptual approach. Data were obtained through a literature review of relevant laws and doctrines. Legitimately legitimized by Constitutional Court Decision No. 100/PUU-XIII/2015, this mechanism formally addresses questions of constitutionality by guaranteeing citizens' voting rights and the continuity of government. While providing space for voter participation, this mechanism has the potential to limit the public's right to choose from a variety of options, which is the essence of democracy. Constitutionally, its existence is questionable because it limits fair play in elections. However, substantively, this practice sparks debate about democratic principles because it drastically limits voter choice and reduces the quality of the contestation of ideas. Its impact on political stability is twofold: in the short term, it can maintain stability by preventing a power vacuum. However, in the long term, the victory of a single candidate with potentially low public legitimacy could erode trust, weaken checks and balances, and ultimately threaten healthy political stability. The Regional Election Law must be thoroughly revised to ensure a healthy and fair contestation.
Tender Rigging in the Procurement of Cryo-Electron Microscopes (Cryo-EM) and Transmission Electron Microscopes (TEM) at BRIN (Case Study Decision: 02/KPPU-L/2024) Ardiana, Oktavia Dwi; Hutabarat, Sylvana Murni Deborah
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.v8i3.48477

Abstract

This study discusses the practice of tender rigging in the procurement of Cryo-Electron Microscope (Cryo-EM) and Transmission Electron Microscope (TEM) at BRIN based on Case Decision Number 02/KPPU-L/2024. The purpose of this study is to analyze the form of tender rigging violations that violate the provisions of Article 22 of Law No. 5 of 1999 and examine its impact on business competition, business actors, the state, and research development in Indonesia. The research method used is normative juridical with a statute approach and a case approach with qualitative data analysis methods. The results of the study indicate the existence of vertical collusion between the tender committee, namely the Working Group and the PPK with business actors, namely PT Buana Prima Raya as the tender winner and PT Multi Teknindo Infotronika as the sole agent for the product. The tender rigging was characterized by the arrangement of technical specifications that favored certain brands, discrimination by unilaterally withdrawing support from PT Transformasi Sejahtera Indonesia as the lowest bidder, and the increase in procurement and contract prices without going through a transparent competition mechanism. The resulting impacts included the creation of artificial competition, state financial losses, hampered innovation in the research sector, and a decline in national competitiveness in mastering high technology. This research emphasizes the need for strict oversight and a fair resolution mechanism so that the tender system in Indonesia can operate transparently and accountably.
The Responsibility of Land Deed Making Officials and Notaries in Illegal Land Rights Transfer (Case Study of Nirina Zubir Land Mafia) Anami, Mulan Kasisty; Hadi, Syamsul
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.v8i3.48687

Abstract

The involvement of rogue Land Deed Officials (PPAT) and Notaries in illegal land title transfers, exemplified by the case of Nirina Zubir, constitutes a severe breach of their Profession Code of Ethics and professional oath. This highlights their failure to perform the principle of due diligence, as it is exploited by involving themselves in land mafias practice. The professional duty to act with honesty, integrity, diligence, independence, and impartiality, mandated by the Code of Ethics, the Notary Public Law (UUJN), and Regulation on the Office of the PPAT is violated when an authentic deed is issued based on forged documents or false identities. Such actions directly cause significant material losses and trigger a Tort (Perbuatan Melawan Hukum/PMH) under Article 1365 of the Civil Code. The consequences of these ethical violations are layered, encompassing professional disciplinary sanctions (ranging up to dishonorable discharge by the Notary Honorary Council or the PPAT Honorary Assembly), along with potential civil and criminal liability. This makes it a crucial issue demanding rigorous legal and ethical enforcement to restore the profession's integrity and ensure legal certainty in land affairs.

Page 45 of 45 | Total Record : 448

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