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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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Land Bank Governance and Agrarian Justice: The Risk of Land Grabbing and State Responsibility in Contemporary Agrarian Reform Saktiawan, Muhammad Dias
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.v8i4.50773

Abstract

This article critically analyzes the existence of Land Banks in contemporary agrarian reform, placing them within the perspective of agrarian justice and state responsibility. Based on the assumption that land is not merely an economic asset, but rather the basis of life and social justice, this research examines the philosophical foundations, legal construction, and governance and authority of Land Banks, which have the potential to facilitate legally legitimized land grabbing practices. This research uses a normative-critical approach by combining legislative, conceptual, critical-theoretical, and limited comparative approaches. The research findings indicate that the institutional design and authority of the Land Bank reflect a shift in the rationality of agrarian law from a redistribution paradigm to asset management and development interests, which risks obscuring the corrective function of agrarian law. This article emphasizes that state responsibilities under agrarian law must be interpreted substantively, encompassing normative, preventive, protective, and remedial obligations to prevent land grabbing and protect community agrarian rights. These findings contribute to strengthening critical agrarian law discourse by offering a conceptual framework for reassessing the role of the Land Bank to ensure it remains aligned with the principles of agrarian justice and rights protection.
Legal Review of Peace Agreements on the Division of Joint Property in Marriage (Civil Law and Islamic Law Perspectives) Dwitatama, Gunabila Bin'Arya; Hasanah Nuriyyatiningrum, Mahdaniyal
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.v8i4.50264

Abstract

This study analyzes the legality of amicable settlement (dading) in the division of joint marital property in natura after execution seizure, viewed from civil law and Islamic law. The objective is to determine its legal validity, implications, and conformity with the principle of substantive justice. Using a normative juridical method with statutory, conceptual, and case approaches, the study examines the Civil Code, HIR, KHI, and court decisions such as Supreme Court Decision No. 732 K/Ag/2021. Findings show that post-seizure settlements are valid and binding, fulfilling contract elements under Article 1320 of the Civil Code and consistent with the ṣulḥ principle in Islamic law, emphasizing tarāḍī (consent) and al-‘adl (justice). The integration of both systems demonstrates a balance between legal certainty and public welfare, reinforcing restorative justice in family law disputes.
Legal Politics of Intellectual Property Rights Enforcement in Encouraging Investment and Innovation: Implementation Study in Indonesia Aryanda, Avilla Deva; Masyhar, Ali
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.v8i4.50726

Abstract

Intellectual property rights play an essential role in advancing and improving investment activities in Indonesia. Investment activities can develop rapidly with the existence of intellectual property rights that have the aim of providing legal protection and legal certainty for these investment activities. In this scientific article, two legal problems will be explained, namely, among others, regarding the enforcement of intellectual property rights in encouraging investment and innovation activities in Indonesia and regarding the legal political strategy in balancing the interests of holders or owners of intellectual property rights in investment activities and public interests. In writing this scientific article, the author uses a type of research in the form of normative research using various legal materials to produce various arguments, concepts, and new theories that can later resolve existing legal problems. Then, in this scientific article, two research results will also be explained regarding two existing legal problems, namely, among others, trademark enforcement which has a function as a differentiator for various investment products, and copyright, and patent enforcement which has a function as a potential asset of intangible objects and regarding the protection of intellectual property rights by providing exclusive rights to holders or owners of intellectual property rights but still paying attention to the public interest in encouraging investment and innovation activities in Indonesia.
Legal Protection for Victims in The Resolution of Criminal Cases Through Restorative Justice Mechanisms Dewi, Widya Ari; Arinanto, Satya; Hermawan, Muhammad Ilham
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.v8i4.50835

Abstract

The application of restorative justice within Indonesia’s criminal justice system has developed significantly alongside the enactment of various regulations governing restorative-based case resolution. However, in practice, this mechanism continues to face fundamental challenges concerning the legal protection of victims. This study aims to analyze the legal protection afforded to victims in criminal case resolution through restorative justice, identify normative gaps and regulatory disharmony, and formulate an ideal model of victim protection oriented toward victim-centered justice. The research employs a normative juridical method with statutory and conceptual approaches through library research. The findings indicate that although a normative framework for restorative justice exists, victim protection has not been comprehensively integrated. Differences in standards of victim voluntariness, the absence of proportional compensation guidelines, and weak post-agreement monitoring mechanisms potentially place victims in vulnerable positions and open space for revictimization. From a human rights perspective, these conditions demonstrate that restorative justice has not yet been fully implemented as an instrument for fulfilling victims’ rights. This study proposes an ideal model of victim protection in restorative justice that emphasizes layered protection at the pre-process, process, and post-agreement stages as an effort to strengthen substantive justice.
Procedural Deviations in Small-Scale Land Acquisition as Unlawful Acts in Corruption Offences Abdulajid, Syawal; Anshar, Anshar; Pelupessy, Ainurrafiqa
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.50951

Abstract

Small-scale land acquisition constitutes a legal mechanism designed to ensure flexibility and efficiency in the implementation of development projects serving the public interest. The procedural simplification inherent in this regime is intended to respond to urgent development needs that directly affect local communities. In practice, however, such simplification is frequently misconstrued as the elimination of normative legal requirements, thereby creating opportunities for procedural deviations that may result in state financial losses. This condition raises complex legal issues when administrative irregularities shift into the domain of corruption offences. This article examines how procedural deviations in small-scale land acquisition may be legally constructed as unlawful acts within the framework of corruption crimes. The research adopts a normative legal method, employing statutory and case approaches, grounded in findings from the analysis of small-scale land acquisition practices in public-interest development projects. The analysis focuses on the normative limits of procedural simplification, the concept of unlawfulness in both formal and material senses, and the construction of criminal liability based on mens rea and abuse of authority. The findings demonstrate that procedural deviations in small-scale land acquisition cannot automatically be classified as criminal acts. Nevertheless, where such deviations violate fundamental land acquisition norms, are accompanied by an abuse of authority, and result in state financial losses, they may fulfil the elements of unlawfulness in corruption offences, particularly as regulated under Articles 2 and 3 of the Indonesian Anti-Corruption Law. This article underscores the necessity of positioning criminal law as ultimum remedium to prevent the criminalisation of public policy, while simultaneously reinforcing its preventive function in safeguarding the integrity and accountability of the land acquisition system for public development.
Legal Protection for Workers Experiencing Inter-Legal Entity Transfers within Corporate Groups in Indonesia Wedhasari, Ratih; Budiartha, I Nyoman Putu; Styawati, Ni Komang Arini
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.50248

Abstract

The development of corporate groups in Indonesia has led to increasingly complex employment relations, particularly regarding the practice of transferring workers between legally distinct entities within the same corporate group. Although such transfers are economically justified by integrated business operations and centralized management, Indonesian labor law has not explicitly regulated inter–legal entity transfers. Existing regulations under the Manpower Law and the Job Creation Law primarily recognize transfers within a single legal entity as a managerial prerogative, leaving a normative gap that creates legal uncertainty and potential violations of workers’ rights. This condition is reflected in judicial practice, notably in Industrial Relations Court Decision No. 10/Pdt.Sus-PHI/2021/PN Tjk, which emphasizes formal legality while offering limited substantive protection to workers. This research employs a normative juridical method with a statutory, conceptual, and case approach. Primary legal materials include labor and corporate legislation, judicial decisions, and collective labor agreements, while secondary materials consist of legal doctrines and scholarly works. Legal materials are analyzed qualitatively through systematic interpretation to assess the adequacy of existing regulations and judicial reasoning. The findings reveal that the absence of explicit legal norms governing inter–legal entity transfers within corporate groups has resulted in inconsistent practices and weakened worker protection. Transfers are often treated as managerial policies without sufficient assessment of good faith, proportionality, or the continuity of workers’ rights. The study argues that legal protection for transferred workers should be constructed on a balanced integration of justice, legal certainty, and utility. It further proposes a dual protection model: preventive protection through explicit statutory regulation and strengthened cross-entity collective labor agreements, and repressive protection through progressive judicial interpretation and effective dispute resolution mechanisms. This study concludes that recognizing corporate groups as single economic units with labor law relevance is essential to ensure substantive justice, protect workers’ rights, and promote sustainable industrial relations in Indonesia.
Convergence and Divergence: Strategies for Proving Digital Evidence in Common Law and Indonesian Law Systems Hardyansah, Rommy; Saputra, Rio
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51432

Abstract

This literature study conducts a normative comparative analysis of digital evidence adduction strategies in Indonesian civil law and United States common law systems. The research examines the legal construction of authentication, integrity assessment, and the strategic challenges and opportunities in utilizing various digital evidence types, such as chats, emails, CCTV footage, blockchain data, and metadata. Using a qualitative library research method with content and comparative analysis, the study finds that Indonesia's approach is codification-based, placing the judge as an active seeker of material truth who evaluates digital evidence against formal and material requirements stipulated in the Electronic Information and Transactions Law and its implementing regulations. In contrast, the U.S. common law system employs a rigorous adversarial strategy, where digital evidence is tested through extensive discovery and cross-examination, with the judge acting as a procedural gatekeeper under the Federal Rules of Evidence. The core difference lies in the locus of substantive evaluation: Indonesian judges assess probative value directly, while common law juries do so after judicial admissibility screening. The study concludes that both systems are converging on the necessity of technical expertise but recommends that Indonesia enhance judicial digital literacy and consider limited e-discovery mechanisms to strengthen its evidentiary framework.
Criminal Accountability of Love Scamming Perpetrators in Fictitious Investment Schemes Through Online Dating Applications Novita, Zahra Ersyah; Yuli Wahyuningsih, Yuliana
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51334

Abstract

Information technology has made social activities easier, such as finding a partner through online dating apps. However, this convenience has also allowed new types of crimes to emerge, one of which is fraud using fake investments. The purpose of this study is to examine various forms of criminal liability for love scam perpetrators and the legal protections provided to victims in Indonesia. Normative legal research using regulatory methodology and case studies of relevant court decisions was used. The results indicate that individuals who commit love scams can be held criminally liable because their actions are characterized by fraud and electronic transmission. Furthermore, law enforcement for this crime faces challenges, particularly in terms of providing evidence and identifying perpetrators. To raise public awareness of similar crimes in the future, this study finds that law enforcement must be more effective by improving regulations and digital literacy.
The Implementation of Restitution for Victims of Sexual Assault Against Children in Palangka Raya City Sitholabi, Sitholabi; Heriamariaty, Heriamariaty; Setyobowo Sangalang, Rizki; Theresia, Louise
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51483

Abstract

The case of sexual intercourse against children is a serious crime that causes physical, psychological, and social impacts on the victim, so that the fulfillment of the right to restitution is a crucial element in legal protection for children, because it plays a role in the victim's recovery effort to return their condition as close as possible to the state before the crime occurred. This study aims to analyze the implementation of restitution for child victims of sexual intercourse in the jurisdiction of the Palangka Raya District Attorney's Office and examine the role and efforts of prosecutors in optimizing the implementation of restitution, including the factors that hinder it. The research method used is empirical legal research with a sociological juridical approach, which is carried out through a literature study of laws and court decisions, as well as interviews with relevant law enforcement officials, then analyzed qualitatively. The results of the study indicate that although restitution has been regulated normatively in various laws and regulations, its implementation has not been optimal due to the limited economic capacity of the perpetrator, the low understanding of victims and their families regarding the right to restitution, and the less than optimal coordination between prosecutors, law enforcement officials, and the Witness and Victim Protection Agency. This study concludes that optimizing restitution requires strengthening regulations, institutional readiness, and strong synergy between prosecutors, investigators, judges, and the LPSK so that protection can be realized effectively.
Environmental Legal Politics in Determining State Policies on Environmental Protection Instruments Asriani, Asriani; Laitupa, Salma; Amalia, Rezki; Kartika, Eka Dewi
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
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.v9i1.51289

Abstract

This study aims to analyze the influence of legal politics on the effectiveness of environmental protection instruments in Indonesia. The research focuses on how the orientation of legal politics determines the formulation, implementation, and enforcement of environmental regulations, particularly in the context of environmental licensing, supervision, and environmental economic instruments. This study employs a normative legal research method using statutory, conceptual, and policy approaches. Legal materials were obtained through library research, including legislation, scientific literature, and research findings related to environmental law and legal politics. The results of the study indicate that, normatively, Indonesia has established a relatively comprehensive regulatory framework for environmental protection. However, the effectiveness of the implementation of environmental protection instruments is still influenced by the orientation of legal politics, which tends to prioritize economic development and investment interests. This condition has led to the weakening of environmental protection instruments, which in practice are often reduced to mere administrative formalities. The novelty of this study lies in its systematic and integrative analysis of the relationship between the direction of legal politics and the effectiveness of environmental protection instruments. This study concludes that the effectiveness of environmental protection does not solely depend on the completeness of regulations but also on the consistency of legal politics in positioning sustainability principles as a priority in state policy.

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