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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 Protection for The Owner of Warung Makan Ibu Gambreng Trademark: A Study of Supreme Court Decision No. 988 K/Pdt.Sus-HKI/2024 Baransano, Jeremia; Tarina, Dwi Desi Yayi
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49161

Abstract

This study meticulously analyzes the legal protection afforded to the owner of the prior registered trademark “Warung Makan Ibu Gambreng,” focusing on the landmark Supreme Court Decision Number 988 K/Pdt.Sus-HKI/2024. The research holds two primary objectives: first, to thoroughly examine the consistency and efficacy of legal protection under the Indonesian Law No. 20 of 2016 concerning Marks and Geographical Indications, and second, to dissect the detailed legal considerations and judicial reasoning that led the Supreme Court, as the Judex Juris, to decisively cancel the competing mark, “Nasi Gambreng Bu Esti.” The research utilizes a Normative Legal Research methodology, primarily employing the Case Approach focused on the specific decision, the Statute Approach analyzing the relevant trademark law, and the Conceptual Approach to interpret key legal principles. Data collection relies exclusively on secondary sources, including primary legal materials (the Supreme Court Decision) and secondary legal materials (academic journals, books, and articles), all subjected to Qualitative Content Analysis for critical interpretation. The findings reveal a significant and correctable discrepancy between the Commercial Court, which initially rejected the lawsuit based on formalistic visual differences, and the Supreme Court. The MA decisively established the defendant to have acted in bad faith, thereby overriding the Judex Facti’s restrictive formal approach, as the foundation for cancellation was the Defendant's proven misappropriation of the Plaintiff's goodwill established through the prior franchise agreement. The novelty of this research lies in its specific analysis of this Supreme Court judgment, which sets a crucial precedent: the abuse of an established contractual business relationship, such as a franchise, is confirmed as compelling and decisive evidence of bad faith under Article 21 paragraph (3), thereby significantly reinforcing the prioritization of substantive justice and ethical business conduct in Indonesian trademark law.
Legal Protection for Informal Workers in Indonesia Syamila, Najma; Sitabuana, Tundjung Herning
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.48969

Abstract

The Indonesian Constitution, as well as the highest legal basis, the 1945 Constitution, contains the rights of every citizen. These include the right to obtain decent work and legal protection, as stated in Article 27 paragraph (2) and Article 28D paragraph (1) and paragraph (2). The current Employment Law, as the legal basis for employment in Indonesia, still limits worker qualifications only based on work agreements as regulated by the Employment Law. In fact, the workforce population in Indonesia is currently dominated by informal workers, which has an impact on informal workers who are still far from access to legal protection due to the current legal instruments that limit worker categories. This study examines legal protection for informal workers in Indonesia. This study is a normative legal study, examining legal norms using theories including the legal protection theory put forward by Satipdjo Rahardjo. The results of the analysis indicate a legal vacuum in the protection of informal workers, so that changes are needed in the legal system and policies to create special regulations that can explain the rights and obligations of informal workers, as well as provide a clear legal status
The Efforts in Law Enforcement for Personal Data Protection Lumban Raja, Muhammad Dewo; Lie, Gunardi
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.48856

Abstract

The concept of the rule of law is crucial for the proper functioning of any state, ensuring that governance operates within the framework of legal regulations. This principle, outlined in Hans Nawiasky’s Theory of Legal Norm Hierarchy, prevents the abuse of power and guarantees that authority is exercised under legal oversight. Key features of the rule of law, such as legal certainty, equality before the law, and human rights protection, contribute to the creation of a just society. In the context of Indonesia, which is a constitutional state as per Article 1(3) of the 1945 Constitution, legal provisions such as the Personal Data Protection Law (UU PDP) are introduced to protect citizens' personal data, particularly within the rapidly growing digital financial services sector. Indonesia’s advancement into Industry 4.0 and the rise of financial technology (FinTech) have made data protection more urgent, especially in a digital economy where data sharing occurs across borders. The government’s legal response includes laws and regulatory frameworks that aim to safeguard users’ personal data while addressing challenges like low digital literacy, weak compliance, and cross-border data flows. This paper explores the implementation of these laws, examines the challenges in enforcing them, and proposes improvements for ensuring effective protection of personal data in Indonesia’s digital financial services.
Legal Standing of Employees as Individual Creditors in Filing for Bankruptcy of State-Owned Enterprises Muttaqin, Sumayya; Erar Joesoef, Iwan
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.48972

Abstract

This study aims to analyze the legal standing of employees as individual creditors in filing for bankruptcy against State-Owned Enterprises (SOEs), with a focus on the case study of PT Merpati Nusantara Airlines (Persero) as stated in Cassation Decision Number 447 K/Pdt.Sus-Pailit/2016. This study was motivated by legal uncertainty regarding the rights of employees to file for bankruptcy against SOEs, even though they normatively meet the bankruptcy requirements as stipulated in Law Number 37 of 2004 concerning Bankruptcy and PKPU. The research method used was normative juridical with a legislative approach, case approach, and conceptual approach. Data was obtained through literature study and analyzed qualitatively deductively to examine the conformity of the judge's considerations with the provisions of Law Number 19 of 2003 concerning SOEs, Law Number 6 of 2023 concerning Job Creation, as well as the principles of justice and legal certainty. The results of the study show that the judge's considerations in rejecting the bankruptcy petition by employees are not fully in line with the provisions of the legislation, because PT Merpati has the status of a state-owned enterprise that is subject to private law and should be able to be declared bankrupt by creditors, including employees. However, the judge interpreted that Merpati's status as a state-owned enterprise with a public function prevented the bankruptcy process, which ultimately weakened the protection of workers' rights. The novelty of this research lies in emphasizing the importance of separating the public and commercial functions of SOEs and the need for consistent interpretation guidelines for judges in order to create substantive justice and legal certainty in future SOE bankruptcy cases.
Legal Responsibility For Residents Affected By Relocation In Development National Projects (Case Study of Kayan Hydropower Development) Cathelia Erianto, Fanny; Hadi, Syamsul
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49028

Abstract

The construction of the Kayan Hydroelectric Power Plant (PLTA) in North Kalimantan as part of the National Strategic Project (PSN) brings great benefits to the provision of clean energy and the acceleration of development, but raises socio-legal issues related to the relocation of the Dayak Kayan and Kenyah indigenous peoples in two villages upstream of the Kayan River. Relocation has led to the loss of customary land, livelihoods, and cultural heritage, raising questions about the government's form of legal responsibility. This research uses a juridical-normative method with a statutory and conceptual approach. The results of the study show that the government's responsibility is not only in the form of financial compensation or the provision of housing, but also includes socio-economic recovery, the provision of basic access, and the guarantee of livelihood sustainability. The state's obligations are divided into three aspects: respecting, protecting, and fulfilling the rights of citizens. Without the fulfillment of these responsibilities, relocation risks causing social conflicts, structural injustice, and a decline in the legitimacy of the PSN. Therefore, it is necessary to have a governance of relocation that is based on human rights, transparent, participatory, and in accordance with the General Principles of Good Governance (AUPB), so that the construction of the Kayan hydropower plant can run fairly, sustainably, and with social justiceThe abstract needs to summarize the contents of the paper and the research objectives.
Binding Force of Non-Disclosure Agreement as Means of Trade Secret Protection in Decision No. 832/Pdt.G/2023/PN.Jkt.Brt Dori, Evan; Sakti, Muthia
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.48966

Abstract

This research is entitled “Binding Force of Non-Disclosure Agreement as Means of Trade Secret Protection in Decision No. 832/Pdt.G/2023/PN.Jkt.Brt” The object of this study is the regulation and implementation of NDAs within the framework of Indonesia’s positive legal system. The purpose of this research is to explain the form of overlap between civil law and intellectual property law, which results in weak legal certainty in the protection of trade secrets. The research method applied is normative juridical research with a statutory and case study approach, focusing on Decision No. 832/Pdt.G/2023/PN.Jkt.Brt. The results show that NDAs are legally recognized as innominate agreements under Article 1338 of the Indonesian Civil Code. However, their application in the context of trade secret protection remains ineffective due to differences in legal regimes and institutional arrangements under Law No. 30 of 2000. The case analysis demonstrates that the court still interprets NDA violations narrowly as contractual breaches rather than as infringements of intellectual property rights. This condition reflects that the function of NDAs as instruments for trade secret protection has not yet been fully optimized. The findings of this research illustrate the need to strengthen the synergy between civil law and intellectual property law in the practice of trade secret protection in Indonesia.
The Legal Implications of Acquittal for Criminal Acts of Abuse Based on the Principle of Justice Wulandari, Hania; Kholiq, Abdul
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.48887

Abstract

In the modern era, criminal cases have become more complex and abuse remains one of the most frequently encountered offenses in court proceedings. The enforcement of criminal law rests on the presumption of innocence, meaning that prosecutors must prove the defendant’s guilt beyond reasonable doubt. If the evidence is insufficient, the judge must acquit the defendant. However, such acquittals often create a dilemma of justice, especially when victims have clearly suffered harm but the legal elements of the offense cannot be proven. The Lubuklinggau District Court Decision No. 186/Pid.B/2023/PN Llg serves as a significant example. In this case, the panel of judges acquitted the defendants even though witness statements and a Visum et Repertum (medical report) were presented. The judges reasoned that the connection between the pieces of evidence was not strong enough to establish the defendants’ direct involvement in the abuse. This study analyzes the judges’ considerations in issuing the acquittal and examines its implications for victims’ rights from the perspective of justice. The findings show that the acquittal was based on the failure to prove the element of “jointly committing abuse.” Although Yoyon Utoyo was found to have committed violence against the victim, Hengki Ternando, there was no concrete evidence linking Bobot Sudoyo to the act, so the element of deelneming (participation) was not fulfilled. Legally, the verdict is valid since the elements of the crime were not proven beyond reasonable doubt. Yet from the victim’s viewpoint, the decision is unjust, as it denies protection and recovery rights guaranteed under Law No. 31 of 2014 on Witness and Victim Protection. This case reflects the tension between legal certainty and justice, where formal procedures often overshadow fairness, weakening public trust in the judiciary.
Accountability of Shell Company's Practices in Tax Law Perspective by Limited Liability Companies: A Review of Good Corporate Governance Hutagaol, Jessica Ariana; Prawira, M. Rizki Yudha
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49041

Abstract

The use of shell companies by limited liability companies as a means of tax avoidance demonstrates a legal abuse that impacts the dilemma of legal compliance and business ethics. This action raises questions regarding the implementation of good corporate governance, which should be the basic ethics of every company. This study used a normative juridical method through a statutory approach and a conceptual approach. This study utilizes primary, secondary, and tertiary legal materials and then examines them descriptively. The results of the study indicate that the use of shell companies for tax avoidance purposes is contrary to the principles of good corporate governance. This scheme in practice can be subject to tax and criminal sanctions in its accountability.
Legal Protection of Consumer in the Circulation of Food Products Containing Hazardous Ingredients Puspita, Salsabillah Ayu; Kurnia, Ida
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49024

Abstract

This research aims to analyze the form of legal protection for consumer rights in the circulation of hazardous food products, using the case study of sodium dehydroacetate preservative use in Roti Okko products manufactured by PT Abadi Rasa Food. The entry of food products containing prohibited chemical substances has become a serious concern because it poses potential threats to public health and directly violates consumers’ rights to safety and security as stipulated in Article 4 of Law No. 8 of 1999 concerning Consumer Protection. This study employs a normative juridical method by examining relevant legislation, legal doctrines, literature, and official BPOM (Indonesian Food and Drug Authority) documents as primary data sources. The findings reveal that national regulations such as Law No. 18 of 2012 on Food, Law No. 36 of 2009 on Health, BPOM Regulation No. 22 of 2013, and Government Regulation No. 28 of 2004 provide a solid legal foundation for ensuring food safety, including the prohibition of hazardous food additives. However, recurring violations indicate weak enforcement and low compliance among business actors. The study also finds that BPOM holds the authority to withdraw products, revoke distribution licenses, and impose administrative sanctions. Therefore, the research concludes that the implementation of legal protection for consumers has not yet been optimal due to gaps in supervision mechanisms and the low awareness of business actors regarding food safety standards. The study recommends strengthening regulatory oversight, enhancing inter-agency coordination, and promoting continuous education for both business actors and consumers to achieve effective legal protection against the circulation of hazardous food products in Indonesia.
The Constitutional Court Law Reconstruction of Indonesia: The Rights & Obligations of Lawmakers in Judicial Review Rahman, Hafizh Aulia; Setiadi, Wicipto
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 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.v8i4.49170

Abstract

This study discusses the reconstruction of the Constitutional Court Law of the Republic of Indonesia, particularly regarding the rights and obligations of the law-making institutions in the judicial review process. The main focus of this study is on the need to reformulate the norms in Article 54 of Law Number 24 of 2003, which is currently optional, to be imperative, so that the law-making institutions (the House of Representatives and the President) have a legal obligation to be present and provide information in the process of reviewing laws at the Constitutional Court. This research uses a normative juridical method with a legislative, conceptual, historical, and philosophical approach. The results of the study show that the absence of explicit regulations has weakened the principle of legislative accountability in the Indonesian constitutional law system. The proposed reformulation, in the form of the addition of Article 54A to the Constitutional Court Law, aims to strengthen the principles of checks and balances, audi et alteram partem, and due process of law in constitutional adjudication. Thus, this study provides theoretical and practical contributions to strengthening the accountability of law-making institutions and the effectiveness of judicial review in Indonesia.

Page 47 of 52 | Total Record : 514

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