cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Sumain
Contact Email
jdh@unissula.ac.id
Phone
+6282137137002
Journal Mail Official
jdh@unissula.ac.id
Editorial Address
http://jurnal.unissula.ac.id/index.php/RH/about/editorialTeam
Location
Kota semarang,
Jawa tengah
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
 48   49   50   51   52 
Comparative Analysis of Backdoor Listing Regulations in Indonesia and Singapore: Implications for Investor Protection Sagita, Nabila; Satino, Satino
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.v9i1.51686

Abstract

The development of backdoor listing practices as an alternative to share listings has created new dynamics in capital market law, particularly regarding investor protection. In Indonesia, transactions that substantially resemble backdoor listings are not regulated by a special regime but are instead subject to general takeover and information disclosure provisions. In contrast, Singapore classifies similar transactions as reverse takeovers (RTOs) or very substantial acquisitions (VSAs), with approval and disclosure mechanisms equivalent to initial public offerings (IPOs). The research problem is to examine the differences in backdoor listing regulations and how these differences impact investor protection, particularly minority investors. This study aims to analyze the comparative regulations between Indonesia and Singapore and assess their legal implications for the effectiveness of investor protection. The method used is normative legal research with a comparative approach, aiming to compare backdoor listing regulations in Indonesia and Singapore. The results show that the Indonesian model is reactive and administrative, resulting in repressive investor protection. In contrast, Singapore's approach is preventative through pre-transaction approval and comprehensive disclosure, which strengthens ex ante protection. It concludes that strengthening the disclosure regime and preventive approval is necessary to enhance investor protection in backdoor listing practices in Indonesia.
Reformulation of Political Party Support Requirements for Presidential Candidacy in Realizing an Aristocratic State in Indonesia Supriana, Nana; Heniarti, Dini 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.v9i1.50523

Abstract

This research aims to analyze the urgency of reformulating political party support requirements for presidential candidacy to mitigate oligarchic dominance in Indonesia while realizing a modern aristocratic state. The study employs a normative juridical approach integrated with a socio-legal approach, utilizing a descriptive-analytical research specification. Secondary data, including the 1945 Constitution, Law No. 7 of 2017, and recent Constitutional Court decisions, were analyzed qualitatively through document studies and international institutional comparisons. The findings indicate that the current quantitative presidential threshold has fostered political cartelization and restricted the emergence of competent alternative leaders by prioritizing financial capital over statesmanship. As a primary conclusion, this study offers novelty by proposing the Merit-Based Party Endorsement System (MBPES) as an alternative institutional design. This model reinterprets the concept of modern aristocracy not as hereditary rule, but as governance by individuals possessing superior moral and intellectual virtues. The research's novelty lies in shifting the nomination criteria from mere parliamentary seat counts to qualitative indicators, including internal party meritocracy, deliberative public scrutiny, and an independent epistemic filter. This reformulation is vital to fill the normative vacuum following Constitutional Court Decision No. 62/PUU-XXII/2024, ensuring that presidential candidates are selected based on objective ethical integrity and leadership capacity. Ultimately, this approach is expected to restore constitutional dignity and align the electoral process with the principles of substantive Pancasila democracy in Indonesia.
Double Certificates as Land Administration Defects: Parameters for Cancellation According to Government Regulation 18/2021 and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21/2020 and Their Legal Consequences Atikasari, Sarah; Suhadi, Suhadi
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.v9i1.51337

Abstract

This article discusses double/overlapping certificates as land administration defects and examines the parameters for their cancellation according to Government Regulation 18/2021 and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21/2020, while also testing how these parameters actually work in practice and court decisions. The objectives of this study are (1) to systematize the normative parameters for the cancellation of duplicate certificates as a "gateway, requirements, and safeguards" for administrative authority, (2) to formulate applicable parameters in the form of indicators of proof used in ATR/BPN practice and litigation forums (PTUN/civil) to determine which certificates should be canceled, and (3) to analyze the legal consequences of cancellation on the status of rights, the control of registration data, and the protection of third parties. This study uses a normative (doctrinal) legal method with a legislative, case, and conceptual approach; primary legal materials include Government Regulation 18/2021, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21/2020, as well as chamber/SEMA formulations and relevant decisions; secondary materials are in the form of books and journal articles. The analysis was conducted qualitatively and normatively through the classification of legal materials, interpretation and construction of norms to develop normative parameters, reading of decisions/formulations to develop a checklist of applicable indicators (physical control, good faith, history of rights, procedural compliance, and forum selection), and drawing deductive conclusions. The results of the study show that normative parameters provide a framework for administrative correction, but in their application they shift to become operational parameters that determine the evidence and direction of the settlement forum, especially when there is a transfer of rights, a third party acting in good faith, or a burden of encumbrance. The novelty of this research lies in the systematic mapping and linking of two layers of parameters (normative-applicative) as operational measures for the cancellation of double certificates and their legal consequences in order to be more consistent and predictive.
Protection of Consumer Rights of Pertamax Users Against Fuel Adulting Practices (2018 – 2023) Pradiani, Canisya; Satino, Satino
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.v9i1.51451

Abstract

Consumer protection under Indonesian law aims to guarantee the right to security, safety, comfort, and accurate information, as specified in Law Number 8 of 1999 concerning Consumer Protection. Allegations of adulteration of Pertamax by PT Pertamina Patra Niaga and related parties have resulted in losses for consumers and have reduced public confidence in the quality of national fuel. This research uses a qualitative normative legal approach by analyzing legislation, legal doctrine, and expert opinions regarding consumer rights and business actors' obligations. Supporting data from consumer complaint reports compiled by LBH Jakarta and CELIOS is used to a limited extent to strengthen the context of the problem. The results indicate that although the legal framework normatively regulates consumer rights protection, in practice there are still weaknesses in the supervision and fulfillment of business actors' responsibilities, particularly in the energy sector.
The Convergence of Legal Frameworks for Domestic & Sexual Violence: Towards Holistic Victim Protection in Indonesia Widodo, Hendro; Imtiyaz Iqbal, Dzaka; Catur Saefudin, Doni
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.v9i1.51282

Abstract

The protection of victims of domestic and sexual violence in Indonesia still faces serious problems due to the fragmentation of norms and procedures between the Domestic Violence Law and the Women's and Children's Protection Law, which reflect the dominance of a perpetrator-oriented criminal law paradigm and legalistic formalism. This leaves victims unpositioned as subjects who must be fully restored. The purpose of this study is to analyze a convergence model for holistic protection of victims of sexual violence. This research utilizes normative legal research with legislative, conceptual, analytical, and comparative approaches. The novelty of this research lies in the formulation of a convergence model for victim protection that conceptually integrates victim-centered justice, strengthens procedural convergence through the SPPT-PKKTP (Regional Criminal Procedure Code), adopts the principle of trauma-informed justice in criminal procedure law, and affirms the principle of non-regression in the harmonization of the National Criminal Code. victim protection stops at the substance (victim's rights) or institutional (service units), but does not lock the procedural points that make victims safe and not repeatedly injured.
Defamation on Social Media: A Review of Article 1365 of the Indonesian Civil Code Sunarto, Atika; Taris Arrofi, Ahmad; Ali Adnan, Muhammad
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.v9i1.51640

Abstract

The development of social media as a digital public space brings both benefits and legal risks, particularly concerning defamation. Under Indonesian civil law, such acts can be classified as unlawful acts based on Article 1365 of the Indonesian Civil Code, which obliges the perpetrator to compensate for damages. This study aims to analyze legal policies regarding defamation on social media and the implementation of Article 1365 of the Civil Code in practice. The method used is normative juridical, examining legislation, legal doctrines, and judicial practice. The results indicate that Article 1365 plays a crucial role in providing legal protection, both for material and immaterial losses. However, its application faces challenges, including evidence collection, identification of anonymous perpetrators, and the limited capacity of law enforcement authorities. Strengthening digital literacy and supporting cyber-legal infrastructure are necessary to ensure the effectiveness of legal protection for victims.
Legal Review of The Number of Divorce Cases in The Religious Court of Serang City, Banten, in 2025 Based on Law Number 1 of 1974 Concerning Marriage Nugraha, Akbar; Handayani, Dini; Hanif, Hamdan Arief
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.v9i1.51426

Abstract

This study aims to analyze the factors that cause an increase in divorce filings by wives in the Serang Religious Court in 2025 and to examine legal protection for wives based on law No. 16 of 2019, an amandment to Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law. The background of this study stems from the high number of divorces filins in the last five years, which indicates domestic disharmony and changes in women’s legal awareness. The urgency of this study lies in the need to evaluate the implementation of the rights and obligations of husbands and wives and the guarantee of legal protection for wives amid increasing social dynamics. This study uses a normative juridical method combined with an empirical approach through observation and interviews with court officials and parties involved in cases at the Serang Religious Court. The results of the study show that constant disputes and arguments as well as economic problems are the dominant factors causing divorce. In addition, the study found that although legal regulations guarantee the rights of wives, implementation inthe field has not been fully effective, especially regarding the fulfillment of iddah maintenance, madhiyah maintenance, mut’ah, and the division of joint property. This study recommends strengthening access to legal aid, increasing awareness about women’s rights, and optimizing the enforcement of court decisions so that legal protection for wives can be realized in a more fair and comprehensive manner 
Guarantee of Legal Protection for Conventional and Electronic Land Rights Certificates Holders within The Land Registration Legal System in Indonesia Andayani, Lily; Firmansyah, Arif
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.v9i1.50623

Abstract

Land rights certificates constitute strong and highly significant evidence of land ownership. This study aims to examine legal certainty and legal protection for holders of land rights certificates in both conventional and electronic forms. The transition from a conventional system to a digital one gives rise to significant legal consequences for land rights holders. Legal protection is intended to safeguard land rights that may be harmed by other individuals or parties. This research employs a normative juridical approach, conducted through the examination and analysis of legal provisions, legal principles, and statutory regulations relevant to the subject of the study. With the enactment of Government Regulation Number 18 of 2021, a new form of land rights certificate has been introduced, namely the electronic certificate. However, this regulation does not revoke Government Regulation Number 24 of 1997. Consequently, conventional land certificates remain valid as long as no application for a change in certificate form is submitted or no transfer of land rights occurs. The simultaneous application of these two Government Regulations has the potential to create regulatory overlap, which may undermine legal certainty and legal protection for holders of land rights certificates. Therefore, the establishment of regulations of equal or higher hierarchical status is necessary to strengthen legal certainty and legal protection.
Legal Analysis of the Application of the Principle of Balance in Marriage Agreements (Study of Supreme Court Decision Number 1362 K/Pdt/2024) Fransseda Naibaho, Patrick; Simamora, Janpatar; Nababan, Roida
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.v9i1.51841

Abstract

This study aims to analyze the regulation and implementation of marital agreements under the Indonesian Marriage Law and to examine the legal considerations of the Supreme Court in Decision Number 1362 K/Pdt/2024. This research employs a normative juridical method. The findings indicate that in Decision Number 1362 K/Pdt/2024, the Supreme Court affirmed that a prenuptial agreement containing an imbalanced clause where all marital assets become the wife’s property while all obligations are imposed upon the husband contradicts the principle of balance (the principle of equality). This decision emphasizes that freedom of contract in marital agreements is not absolute, but must be limited by the principles of substantive justice and the protection of the weaker party.
Extraterritoriality of Hate Speech in Cyberspace from The Perspective of Jurisdictional Limits of The Electronic Information and Transaction Law Rivana, Rivana; Mulyawan, Agus; Sangalang, Rizki Setyobowo; Heriamariaty, Heriamariaty
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.v9i1.51870

Abstract

The advancement of information and communication technology has created a new sphere of interaction known as cyberspace, where information can be disseminated without geographical boundaries. This condition not only facilitates the exchange of information but also gives rise to complex legal challenges, particularly concerning hate speech offenses. In Indonesia, the regulation of online hate speech is stipulated in Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) as amended by Law Number 19 of 2016. The problem arises when perpetrators of hate speech reside outside Indonesia, yet their actions have legal impacts within the country. This situation relates to the application of the principle of extraterritoriality as regulated in Article 2 of the ITE Law, which extends Indonesia’s jurisdiction to acts committed abroad that have legal consequences domestically. However, the application of this principle raises debate due to its potential conflict with the principle of territoriality in Indonesian criminal law as regulated in the Criminal Code (KUHP). This study aims to analyze the criminal law regulation of extraterritoriality within the ITE Law regarding hate speech in cyberspace and to examine the limits of Indonesia’s jurisdiction in enforcing the law against cross-border cyber offenses. The research employs a normative legal method with statutory and conceptual approaches. The findings are expected to provide insight into the extent to which the principle of extraterritoriality in the ITE Law can be effectively applied in harmony with the general principles of Indonesian criminal law.

Page 51 of 52 | Total Record : 514

 48   49   50   51   52 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol 9, No 1 (2026): March 2026 Vol 8, No 4 (2025): December 2025 Vol 8, No 3 (2025): September 2025 Vol 8, No 2 (2025): June 2025 Vol 8, No 1 (2025): March 2025 Vol 7, No 4 (2024): December 2024 Vol 7, No 3 (2024): September 2024 Vol 7, No 2 (2024): June 2024 Vol 7, No 1 (2024): March 2024 Vol 6, No 4 (2023): December 2023 Vol 6, No 3 (2023): September 2023 Vol 6, No 2 (2023): June 2023 Vol 6, No 1 (2023): March 2023 Vol 5, No 4 (2022): December 2022 Vol 5, No 3 (2022): September 2022 Vol 5, No 2 (2022): June 2022 Vol 5, No 1 (2022): March 2022 Vol 4, No 4 (2021): December 2021 Vol 4, No 2 (2021): June 2021 Vol 4, No 1 (2021): March 2021 Vol 4, No 3 (2021): September Vol 3, No 4 (2020): December 2020 Vol 3, No 3 (2020): September 2020 Vol 3, No 2 (2020): June 2020 Vol 3, No 1 (2020): March 2020 Vol 2, No 4 (2019): December 2019 Vol 2, No 3 (2019): September 2019 Vol 2, No 2 (2019): June 2019 Vol 2, No 1 (2019): March 2019 Vol 1, No 4 (2018): December 2018 Vol 1, No 3 (2018): September 2018 Vol 1, No 2 (2018): June 2018 Vol 1, No 1 (2018) More Issue