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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 493 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.

Page 50 of 50 | Total Record : 493

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