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INDONESIA
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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The Inclusion of Third Parties (Joinder) in Multi-Party International Arbitration Cases: The Perspective of Indonesian Arbitration William, King; Soemartono, Gatot P.
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.v8i4.49133

Abstract

Indonesia also officially recognizes international arbitration, which is articulated in Article 1 paragraph (9) of the Arbitration Law, as amended following Constitutional Court Decision No. 100/PUU-XXII/2024. This provision states: "International Arbitral Award is an award rendered by an arbitral institution or a sole arbitrator outside the legal jurisdiction of the Republic of Indonesia, or an award by an arbitral institution or a sole arbitrator which, pursuant to the provisions of the law of the Republic of Indonesia, is deemed to be an International Arbitral Award” (Putusan MK No. 100/PUU-XXII/2024, 2024). The joinder of third parties presents a key challenge in international arbitration due to its conflict with the fundamental principle of party consent. This article examines joinder's application in Indonesian arbitration, specifically analyzing the principles of consent and public order. This research used a normative legal research method, the study analyzes relevant regulations to determine joinder's legality. The findings conclude that the joinder principle is implicitly acknowledged and enforceable in Indonesian arbitration. The article offers an understanding of its implementation and provides recommendations for regulators to ensure legal certainty in Indonesia.
Legal Analysis of Intellectual Property Rights Protection in Musical Works Produced Through Artificial Intelligence: A Case Study of Suno AI Platform Implementation Raharjo, Angga Sandhika; Adhi Nugroho, Andriyanto
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.v8i4.48973

Abstract

The rapid development of Artificial Intelligence (AI) technology has significantly transformed the fields of art and creative industries, particularly in musical creation. One of the most notable AI platforms capable of automatically generating music is Suno AI, which raises legal debates regarding its legal status and copyright protection for AI-generated works. This study aims to analyze the legal standing of Suno AI as a creator and examine the legal responsibilities related to musical works produced through artificial intelligence within the framework of Intellectual Property Rights (IPR). The research employs a normative juridical method with a statutory and conceptual approach, using data derived from legislation, legal literature, and relevant national and international case studies. The findings indicate that Suno AI cannot be recognized as a legal subject or creator, as it lacks consciousness and legal personality as required by Article 1 paragraph (2) jo. Article 31 of Law No. 28 of 2014 concerning Copyright. Therefore, AI functions merely as a technological tool, while legal rights and responsibilities rest entirely on humans, namely developers or users who control the system. In cases of copyright infringement, as stipulated in Articles 34 and 112 of the Copyright Law, human operators of the AI system bear legal responsibility, not the AI itself. Cases such as the lawsuit against Suno AI and Udio AI in the United States, as well as instances of AI-based music fraud in Indonesia, highlight the urgent need for adaptive and comprehensive legal regulations. This study concludes that Indonesia must establish a comprehensive legal framework on AI-generated creations to ensure legal certainty, protect the moral and economic rights of human creators, and promote the ethical and responsible use of AI technology in the music industry.
The Analysis of Criminal Liability of Military Members as Perpetrators of Premeditated Murder (Moord) against a Car Rental Owner Az-Zahra, Fatimah; 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.v8i4.48886

Abstract

Premeditated murder is a grave criminal offense and is classified as a grave crime because it directly violates the constitutional right to life as one of the most fundamental and non-derogable human rights. This study aims to provide an in-depth analysis of the criminal liability of military personnel involved as perpetrators of premeditated murder, using a normative juridical method through a case approach and an examination of the court’s decision. The discussion focuses on the application of general criminal law provisions to active soldiers tried within the military court system, which has its own distinctive characteristics. The findings show that although the two defendants played different roles one carried out the shooting directly while the other issued the instruction both were considered to share a common will and awareness in committing the criminal act. The court determined that the elements of intent and premeditation were fulfilled, rendering both defendants equally responsible. The author argues that when viewed through the lens of criminal law doctrine, which emphasizes a calm and deliberate mental state as an indicator of premeditation, the defendants’ psychological condition, which was influenced by situational pressure, may give rise to different interpretations of this element. Nevertheless, the court’s decision affirms that military status does not exempt an offender from criminal liability and may even serve as an aggravating factor, as the conduct is deemed to undermine the discipline, honor, and integrity of the armed forces.
Legal Review of Marriages based on Religious Beliefs Not Recognized by The State in Indonesia Quratuainniza, Happy Sturaya; Ramadhani, Dwi Aryanti
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.v8i4.48785

Abstract

This study examines the implementation of marriage recognition for followers of indigenous religions, including those formally recognised by the State and those not recognised, and the legal consequences in certain situations. In Indonesia, interfaith marriages are often considered valid under their respective traditions and beliefs. Still, they are not officially recognised by the State, as Marriage Law Number 1 of 1974 recognised only six religions. This difference has led to various legal issues, including uncertainty about the couple’s marital status and their children, loss of inheritance rights, and obstacles to using public facilities and administrative processes. This study employs a normative legal approach, with a specific focus on the Constitutional Court’s decisions. The results of marriages show that legal recognition of marriages between members of indigenous religions remains limited and does not guarantee legal equality. According to the analysis, amending the Marriage Law and Population Administration Law to promote greater inclusivity regarding customary belief systems is a viable solution. The novelty of this research lies in the conflict between Article 2 paragraph (1) of the Marriage Law and Constitutional Court Decision Number: 146/PUU-XXII/2024, which states that believers are entitled to administrative recognition if their teachings and worship practices are deemed similar or closest to one of the religions recognised by the State. Thus, legal equality cannot be achieved through court decisions in a civil law system.
Legal Protection for Franchisors and Franchisees in Cases of Breach of Franchise Agreement Daniel, Daniel; Gunadi, Ariawan
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.v8i4.48994

Abstract

This study aims to analyze the effectiveness of Indonesia’s positive law in providing legal certainty and justice for the parties in resolving franchise disputes arising from breach of contract. The research uses a normative juridical method with a statutory and conceptual approach. The findings indicate that Indonesia’s legal framework on franchising has been comprehensively regulated under Government Regulation No. 42 of 2007, Minister of Trade Regulation No. 71 of 2019, and the Civil Code provisions. Normatively, these regulations have provided a foundation of legal certainty and protection for both franchisors and franchisees. However, the effectiveness of implementation remains limited due to the lack of administrative compliance among business actors, weak government supervision, and the inequality of bargaining power in standard contracts. Therefore, it is necessary to strengthen state supervision, enhance legal awareness among business actors, and enforce principles of justice and good faith in the execution of franchise agreements, so that the law not only ensures formal certainty but also achieves substantive justice for both parties.
Review of the Minister of Manpower's Circular Letter Number M/5/HK.04.00/V/2025 in Providing Legal Justice for Workers Siswanto, Vivienne Olivia; Syailendra, Moody Rizqy
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.v8i4.49096

Abstract

The practice of withholding diplomas often leads to injustice and inequality in workers' positions because diplomas are personal documents that serve as symbols of academic achievement as well as tools for obtaining employment. Therefore, the government issued Circular Letter of the Minister of Manpower Number M/5/HK.04.00/V/2025 as a form of protection for workers from abuse of authority by employers. This study aims to examine the extent to which this circular letter is able to provide legal justice and certainty in the implementation of industrial relations. The method used is normative legal research with a qualitative approach, through a review of laws and regulations, doctrines, and related legal literature. The results of the analysis indicate that this circular serves as an ethical and administrative guideline that strengthens the position of workers, but does not yet have binding legal force because it is not included in the hierarchy of laws and regulations. Therefore, the establishment of stricter regulations at the statutory level is needed to ensure balanced protection between workers and employers. This research is expected to contribute to the reform of labor law so that the principle of substantive justice between workers and employers can be realized
Legal Status of Joint Property that Remains Subject to Security Interests After Divorce Dewanti, Tyur Reggina; Taupiqqurrahman, Taupiqqurrahman
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.v8i4.49036

Abstract

Marriage not only creates legal bonds between husband and wife, but also has legal consequences for property, in this case joint property. In practice, joint property is often used as collateral to obtain credit from financial institutions. When a divorce occurs while the property is still pledged to a third party, legal issues arise regarding the status of joint property and responsibility for debt repayment after divorce. This study aims to determine the legal status of joint property that is still used as collateral after divorce and the responsibility for debt repayment on the collateral. The researcher applied and utilized a normative juridical method with an approach that focused on legislation and was supported by interviews with the Junior Clerk of the East Jakarta Religious Court as supporting data in the study. The results of the study show that the legal status of joint property that is still collateralized remains as joint property after divorce, but the distribution cannot be carried out before the obligations to third parties are settled because it is still bound by collateral rights. This is because collateral has the characteristics of droit de suite and the provisions of SEMA 2018. The responsibility for paying off debts is a joint obligation of the former husband and wife. If there is a refusal or even inability to pay, the settlement is carried out through an auction by the creditor, while the remaining proceeds from the auction after the debt has been paid off become part of the joint property, which will then be distributed in accordance with applicable legal provisions.
Legal Protection of Netflix’s Digital Content Copyright Against Illegal Account Sharing Practices in Indonesia Fajarrani Devi, Murtanti; Suherman, Suherman
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.v8i4.49047

Abstract

The expansion of digital streaming services has reshaped how Indonesian audiences obtain entertainment, with platforms operating through Over-The-Top (OTT) distribution such as Netflix becoming central to daily media use. Alongside the economic opportunities created for the digital creative sector, this shift has also produced legal complications, especially regarding the protection of works that are made available exclusively in digital formats. A recurring concern involves the circulation of Netflix accounts that are exchanged, sold, or jointly used in ways that exceed the scope of legitimate subscription rights. Such practices allow individuals to enjoy paid content without holding their own access authorization, thereby interfering with the economic rights legally reserved for Netflix as the copyright owner. Although a number of scholars explore copyright enforcement in online environments, discussions focused on the legal treatment of account-sharing within Indonesia remain scarce. To address this issue, the present study examines how the protection of Netflix’s digital content is framed under Indonesia’s Copyright Law (Law No. 28 of 2014) and identifies doctrinal uncertainties as well as sociological factors that complicate enforcement efforts. The research is conducted through a normative methodology supported by statutory and conceptual approaches, utilizing legislation, academic commentary, and other relevant legal materials. The analysis shows that unauthorized sharing of subscription accounts contradicts the rights to distribute and communicate a work to the public, as provided in Article 9 of the Copyright Law. However, because the law does not explicitly regulate the sharing of paid digital accounts and public understanding of digital copyright obligations remains limited, a regulatory gap persists. The study therefore argues that improving the protection of copyrighted digital works requires clearer legislative direction, cooperation among state institutions, and broader public education on digital copyright norms to ensure that creators’ economic interests are adequately safeguarded and that Indonesia’s creative economy can continue to grow in a sustainable manner.
Judicial Reasoning in Appellate Sentencing for Major Corruption Cases Haryani, Diah Septi; Mulyadi, Mulyadi
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.v8i4.49042

Abstract

This study aimed to examine the judicial reasoning behind the enhancement of an appellate sentence in a major corruption case in Indonesia and to assess whether the judges’ considerations aligned with the principles of due process of law, proportionality, and legal certainty. The research method used was a normative juridical approach employing statutory, case, and comparative analyses. Data were obtained through library research involving primary legal materials, secondary literature, and tertiary references, and were analyzed qualitatively through a descriptive-analytical technique. The novelty in this research lies in its focused examination of appellate judges’ authority to impose heavier sentences in corruption cases, particularly by identifying the juridical foundation used to justify sentence enhancement and by evaluating its coherence with fundamental principles of criminal procedure. Unlike previous studies that primarily discuss corruption sentencing disparities or political influences on judicial decisions, this research provides a detailed analysis of how appellate judicial reasoning functions as a mechanism to uphold substantive justice. Based on the research, it was concluded that the appellate judges grounded their decision on legally valid evidence and carefully weighed both aggravating and mitigating factors, including the scale of state losses, societal impact, and the defendant’s cooperative conduct. The enhanced sentence was consistent with proportionality, due process, and legal certainty, and represents an important precedent for strengthening judicial integrity and advancing reform within Indonesia’s criminal justice system.
Land Ownership by Foreign Nationals Through Nominee Agreements: A Comparative Study of Thailand and the Philippines Nandita, Lufna; Fahrozi, Muhammad Helmi
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.v8i4.48962

Abstract

The development of the tourism sector in various tourist cities in Indonesia and the surge in investment in the property sector after the COVID-19 pandemic may trigger an increase in interest among foreign nationals to acquire land in Indonesia through nominee agreements. This practice can trigger land ownership disputes between nominees and beneficiary owners, as well as threaten the state's sovereignty over land. This study will examine the legal provisions of nominee agreements and formulate prevention strategies based on comparative studies with Thai and Philippine regulations. This study uses a normative juridical method with a comparative, legislative, and case analysis approach. Data was collected through literature study with qualitative descriptive analysis techniques, using deductive reasoning. This was followed by prescriptive analysis to produce recommendations or practical suggestions as preventive measures against nominee agreement practices in Indonesia. The results of the study show that nominee agreements contradict the objective requirements of agreements, the principle of good faith, and the provisions of the UUPA. This can cause such agreements to be null and void. However, the disharmony between the UUPA and SEMA No. 10 of 2020 causes uncertainty in law enforcement. The weaknesses of the national legal system demonstrate the urgency of imperative regulatory reform. Based on a comparative analysis with Thai and Philippine regulations, it can be seen that both regulations demonstrate the active role of the state in maintaining state sovereignty over land through different mechanisms. By integrating these two regulations into the Indonesian agrarian legal system, it is possible to close loopholes in the law and ensure that land ownership remains under state control. 

Page 48 of 52 | Total Record : 514

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