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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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The Legal Protection for Digital Consumers in Game Diamond Purchase Transactions Online Mobile Legends Delyananda, Zahrah Rani'ah; Winanti, Atik
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.v8i4.48819

Abstract

The development of digital technology is changing patterns of human interaction and transactions, including when purchasing virtual items like diamonds in the online game Mobile Legends. Digital agreements in these transactions require legal certainty in accordance with Article 1320 of the Civil Code and the Electronic Information and Transactions Law, especially if carried out by minors and/or through unofficial sellers. This study aims to examine the regulation of digital agreements between users and Mobile Legends game service providers in diamond purchase transactions, as well as to review legal protection for consumers (users), especially minors, who make diamond purchase transactions in Mobile Legends based on the Government to Business (G2B) Theory. The author uses a normative juridical research method with a statutory approach and a case approach related to illegal transactions in Langkat Regency. The research results show that transactions conducted outside official platforms do not meet the requirements of a valid electronic agreement and remove consumer protection rights as regulated in the UUPK and Government Regulation No. 80 of 2019. In conclusion, legal protection for digital consumers in purchasing game diamonds is still relatively weak. The government has not fully carried out its supervisory functions according to the G2B concept. To make the digital transaction ecosystem safer, fairer, and more accountable, stronger regulations, strict age verification systems, and firm sanctions for illegal business actors are needed.
The Protection of Secured Creditors in the Execution of Collateral in Bankruptcy Sari, Ayu Puspita; 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.v8i4.49005

Abstract

The objective of this journal study is to examine and analyze the safeguards for Secured Creditors regarding the enforcement of property guarantees following a bankruptcy ruling against the debtor. This research employs a normative legal approach, utilizing legislation, a conceptual perspective, and case studies. The findings indicate that the position of Secured Creditors in case number 527 K/Pdt. Sus-Pailit/2020 emphasizes that the right to execute on property guarantees remains intact, even with a 90-day suspension period post-bankruptcy decision. This suspension does not eliminate the preferential status concerning debt repayment. During this time, the curator is prohibited from selling or taking control of the collateral without the Secured Creditor's consent. Specific regulations are needed to protect Secured Creditors, ensuring that the execution of their property guarantees under suspension remains under their oversight, to promote fairness, legal certainty, and proportional protection of their rights during the bankruptcy process.
Protection of Musical Work Copyright on Digital Platforms: A Comparative Study of Indonesian and United States Law Manurung, Citra Bintang Maranatha; Wahyuni, Ridha
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.v8i4.49088

Abstract

The development of digital technology has changed the way people produce, distribute, and use musical works. However, this progress has also increased the potential for copyright infringement, especially on User-Generated Content (UGC) platforms such as YouTube, TikTok, and Instagram. In this context, Law No. 28 of 2014 on Copyright protects the moral and economic rights of creators, but it lacks the technical rules required to address violations in the digital environment. The absence of a notice-and-takedown mechanism, safe harbor provisions, and an obligation to use automated detection technology indicates that Indonesia’s legal framework remains inadequate to address large-scale infringements. In contrast, the United States, through the DMCA 1998, provides detailed regulation of notice-and-takedown procedures, safe harbor requirements, and platform obligations in dealing with repeat infringers. Through a normative, juridical, and comparative legal approach, this study analyzed differences between the Indonesian and U.S. systems and identified gaps that weakened copyright enforcement in Indonesia. The findings show that Indonesia requires more specific technical regulations to support adequate protection on digital platforms. Therefore, this research proposes an ideal protection model comprising four integrated components: clear, binding technical regulations, automated detection technology, a centralized copyright database, and a fair monetization mechanism. The integration of these elements is expected to strengthen copyright enforcement, enhance legal certainty, and support a more accountable and sustainable digital ecosystem.
Analysis of Formal Errors in Visum et Repertum and Their Legal Consequences on the Evidential Value in Criminal Cases of Assault (Study of Decision No. 309/Pid.B/2024/PN. BJM) Sabrina, Najwa Maulida; Firmansyah, Hery
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.v8i4.48947

Abstract

The criminal act of assault is a prevalent offense in society and is regulated under Articles 351 to 354 of the Criminal Code (KUHP). In the evidentiary process of assault cases, the Visum et Repertum (VER) serves a critical role as both documentary evidence and expert testimony, as specified in Articles 133 and 184 of the Indonesian Criminal Procedure Code (KUHAP). However, the admissibility of VER requires compliance with both formal and substantive standards in accordance with medical and legal norms. This study examines formal defects in VER and their legal implications for evidentiary value, using Case Decision No. 309/Pid.B/2024/PN BJM as a case study. The findings reveal that the VER was issued based on a Visum Request Letter (SPV) signed by an unauthorized investigator, and its contents failed to meet the requirements of the Indonesian Medical Competency Standards (SKDI). Despite these deficiencies, the court relied on the VER as the basis for conviction, even though the case lacked two valid pieces of evidence and no witness directly observed the alleged crime. This research concludes that formal defects in VER can undermine the principles of legality and legal certainty, and may violate the defendant's fundamental rights.
Legal Issues of Company Access Blocking Through Beneficial Ownership in Realizing Corporate Transparency in Indonesia Ardyanti, Widyarini; Dirkareshza, Rianda
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.v8i4.49050

Abstract

This study examines the effectiveness of administrative sanctions in the form of blocking company access through the AHU Online system in increasing compliance with Beneficial Ownership (BO) reporting in order to realize corporate transparency in Indonesia, which is motivated by the still low compliance of companies in reporting BO data, which has only reached 50.27% of the total entities registered with the Directorate General of AHU. This study uses a normative juridical method with a statutory, conceptual, and case approach, as well as secondary data in the form of regulations and related legal literature. The results of the study indicate that the access blocking policy has provided a preventive effect on non-compliance with BO reporting, but its effectiveness is still hampered by weak data integration between agencies, technical system constraints, low awareness of business actors and even government officials. Therefore, it is necessary to strengthen digital verification, improve coordination between agencies, professionalism of public officials, and the establishment of a special authority for the AHU system to ensure data integrity and openness, so that public transparency and trust in the legal system and the business world can be increased.
Use of AI Risk Assessment for Conditional Release based on Principles of Justice and Protection of Human Rights Sabila, Silvina Viola; Widiyawati, Anis
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.v8i4.49971

Abstract

The use of Artificial Intelligence (AI) in parole risk assessments in Indonesia is beginning to be considered as a policy alternative to address the problem of correctional overcrowding and the limitations of conventional assessment mechanisms. However, to date, there is no specific and comprehensive legal regulation governing the use of AI in the parole decision-making process. This situation creates a normative gap that could potentially raise issues concerning the principles of legal certainty, justice, and the protection of human rights for prisoners. This study employs normative legal research methods with a statutory and comparative legal approach. The analysis is conducted on the positive legal framework in Indonesia and compared with practices and regulations in several other jurisdictions, including the implementation of the COMPAS system in the United States and risk-based regulations in the EU AI Act in the European Union. The results show that the use of AI in parole assessments, if not accompanied by adequate legal regulations, has the potential to cause problems in the form of algorithmic bias, limited transparency due to black box mechanisms and challenges to the principle of accountability in administrative decision-making in the correctional sector. Based on these findings, this study emphasizes the importance of formulating a clear and measurable legal framework to regulate the use of AI as a supporting instrument for parole assessments. Such regulations should clarify the limitations of AI's function as a decision-making tool, along with human oversight mechanisms, principles of transparency, and accountability, so that its implementation remains aligned with the goals of the correctional system and the principles of human rights protection.
A Study of Legal Protection for Victims of Gender-Based Violence in Digital Spaces from a Human Rights Perspective Rahadian, Dian; Indriasari, Evy; Kurniawan, Lely Setyawati
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.v8i4.49390

Abstract

This study examines the inadequacy of legal protection for victims of gender-based violence in digital spaces, emphasizing its implications from a human rights perspective. Using a library-based legal research method, data were collected from scholarly literature, legal documents, and international human rights instruments such as the UDHR and CEDAW. The findings reveal that online gender-based violence reflects structural gender inequality embedded within both digital systems and national legal frameworks. Existing laws, including Indonesia’s cyber and sexual violence statutes, remain fragmented and lack a human rights–based foundation. The study concludes that integrating feminist legal theory and human rights principles into digital governance is essential to ensure dignity, equality, and justice for all users in the evolving digital environment.
The Law No. 20 of 2023: Reform or Retreat? A Critical Analysis of Its Impact on The State Civil Apparatus (ASN) Personnel System in Indonesia Hafidz, Jawade; Prasetia Wiranto, Agus; Ayuning Maharanti, Resa
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.v8i4.50770

Abstract

The enactment of Law No. 20 of 2023 concerning the State Civil Apparatus (ASN Law) marks a significant normative reconstruction in the governance of state civil servants in Indonesia. This law explicitly affirms the principles of meritocracy, professionalism, and bureaucratic modernization through digitalization and the structuring of the status of Civil Servants (PNS) and Government Employees with Work Agreements (PPPK). However, behind the rhetoric of reform, the ASN Law also contains problematic constitutional and administrative implications, particularly regarding central-regional relations, the legal status of PPPK, and the effectiveness of the merit system in stemming the politicization of the bureaucracy. This study uses a normative legal research method with a statutory and conceptual approach to analyze the consistency of the ASN Law with the principles of regional autonomy, equality before the law, and neutrality of state apparatus. The study results show that the ASN Law tends to reinforce the centralization of ASN management authority, creating formal but not substantive equality between PNS and PPPK, and placing the merit system in a vulnerable position to political co-optation due to the weak design of independent oversight. Thus, the ASN Law has the potential to give rise to what can be called functional unconstitutionality, namely a condition where legal norms appear to be textually aligned with the 1945 Constitution, but functionally weaken the constitutional principles they are intended to protect.
The Strengthening Institutional Capacity in Implementing Corruption Asset Return based on International Standards in Indonesia Prasetia Wiranto, Agus; Mul Erowati, Eti
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.v8i4.50771

Abstract

This research is motivated by the urgency of recovering assets derived from corruption as a crucial element in effectively eradicating corruption in Indonesia. Increasingly sophisticated corruption and money laundering, often involving cross-border transactions, pose significant challenges to recovering state financial losses. Although Indonesia has ratified the 2003 United Nations Convention Against Corruption (UNCAC) and has a national legal framework, the effectiveness of asset recovery remains hampered by a lack of regulatory harmonization, overlapping institutional authority, weak coordination between law enforcement agencies, limited civil law instruments, and a lack of a specific legal framework related to asset forfeiture. The research method used is normative law with a statute approach and a case approach. Secondary data were collected from various international legal literature (such as the UNCAC), Indonesian national laws and regulations related to the eradication of corruption and money laundering, legal doctrine, scientific journals, and court decisions. This approach aims to understand in-depth the harmonization of international standards with national law and identify factors that influence the effectiveness of the implementation of corruption asset recovery policies in Indonesia. Based on the results and discussion, it is concluded that harmonization of the UNCAC international standards with Indonesian national law in the recovery of corruption assets still requires significant strengthening. Institutional obstacles such as a lack of regulatory harmonization, overlapping authority, weak coordination, limited human resource capacity, and the inadequacy of specific legal instruments for asset confiscation are the main challenges. Solutions to strengthen institutional capacity through the drafting of the Asset Forfeiture Law, harmonization of the Corruption Eradication and Money Laundering Laws, increased inter-agency coordination, strengthened international cooperation, and enhanced officer competence are crucial recommendations for optimizing asset recovery to achieve effective corruption eradication and recovery of state losses.
Misuse of Artificial Intelligence in Cybercrime: Criminal Liability and Electoral Integrity Jumhadi, Hadi; Dewi Heniarti, Dini
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.v8i4.50286

Abstract

This study examines the misuse of artificial intelligence (AI) from the perspective of cybercrime and its implications for electoral integrity. The rapid development of AI has transformed cybercrime from conventional, human-centered acts into autonomous, large-scale, and structurally complex operations capable of manipulating public perception and democratic processes. This research aims to analyze the characteristics of AI-enabled cybercrime in elections, assess the applicability of the classical concept of mens rea in crimes involving autonomous systems, and formulate adaptive models of criminal liability in response to these challenges. The study employs a qualitative legal research method with a normative and conceptual approach. Data are collected through library research using primary legal materials in the form of statutory regulations and secondary legal materials consisting of scholarly articles, legal doctrines, and relevant academic publications. The analysis is conducted through descriptive-analytical techniques, legal interpretation, and conceptual analysis. The findings demonstrate that AI-driven cybercrime creates ontological and epistemological challenges for criminal law, particularly in attributing intent and responsibility. As AI cannot be recognized as a legal subject, criminal liability must be reconstructed and directed toward human and institutional actors through layered and contextual liability models. The novelty of this research lies in its integration of mens rea theory with the structural characteristics of AI-enabled cybercrime, offering a proactive and anticipatory criminal law framework to safeguard electoral integrity in the digital era.

Page 49 of 52 | Total Record : 514

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