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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 545 Documents
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Optimizing AI as an Instrument for Personal Data Protection within the National Legal Framework Naavi’u Emal Maaliki
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.v8i4.51868

Abstract

Massive data breaches on electronic platforms indicate a legal enforcement gap caused by technological asymmetry. This study aims to analyze the urgency of optimizing Artificial Intelligence (AI) as an instrument for personal data protection within the national legal framework to overcome the limitations of manual supervision. This study employs normative legal research with a statute approach and a comparative approach toward regulations in the United Kingdom and Malaysia. The results indicate that AI can be positioned as a manifestation of the corporate due diligence principle, capable of transforming data protection from a reactive to a proactive-mitigative paradigm through Privacy by Design mechanisms. Furthermore, the legal comparison emphasizes the need for Indonesia's independent supervisory authority to adopt accountable security algorithm standards. The optimization of AI is not merely a technological adoption but a juridical necessity to fill the technical norm vacuum in the PDP Law, ensuring the fundamental right to privacy and information sovereignty of citizens in the era of digital disruption.
Regulations on Valuation of Intellectual Property Rights as Credit Collateral to Ensure Legal Certainty for Financing Institutions Izza, Noor Lailatul
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.v8i4.51873

Abstract

The development of a knowledge-based and innovation-based economy places Intellectual Property Rights (IPR) as a strategic asset with economic value and financing potential. In the Indonesian legal system, the recognition of IPR as an object of credit collateral has been normatively accommodated through Law Number 42 of 1999 concerning Fiduciary Guarantees and various IPR sectoral laws. However, this recognition has not been followed by standardized and integrated valuation regulations, thus creating problems of legal certainty for financing institutions. This research is a normative legal research with a limited legislative, conceptual, and comparative approach. The results show that the lack of technical norms regarding valuation standards, regulatory fragmentation between the legal regimes of guarantees, banking, and IPR, and limited appraisal institutions cause IPR to not function optimally as credit collateral. This condition has an impact on increasing the risk of disputes, weakening the function of guarantees as a risk mitigation instrument, and limited access to financing for creative MSMEs. Therefore, regulatory strengthening is needed through codification of national standards for IPR valuation, harmonization of cross-sectoral regulations, certification of specialized appraisers, establishment of a national IPR value database, reformulation of execution mechanisms, and affirmative action policies for innovation-based financing. This strengthening is a prerequisite for ensuring legal certainty for financing institutions and encouraging the optimization of IPR as an instrument of national economic development.
State Loss as the Basis for Criminalizing Corruption by State-Owned Enterprise Employees Harry Harmono; Ade Adhari
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.v9i1.51847

Abstract

This study aimed to examine the legal certainty of the sentencing basis in the cassation ruling of Supreme Court Decision Number 283 K/Pid.Sus/2021, and to formulate the ideal sentencing model for determining the legal basis for imposing sanctions on corruption committed by State-Owned Enterprise (BUMN) employees. The research method used was normative legal research with a statutory approach and case approach, analyzing court decisions through library research and qualitative-prescriptive analysis. The novelty in this research lies in the identification of a structural normative weakness in the Supreme Court's reasoning, where the choice of article was based on the magnitude of state losses rather than systematic proof of the elements of the offense a practice that creates legal uncertainty and potential double standards in law enforcement. Based on the research, it was concluded that the cassation decision contained argumentation weaknesses from the standpoint of Gustav Radbruch's theory of legal certainty, and the ideal sentencing model must build juridical qualification in a structured manner, concretely prove formal unlawfulness, and integrate the principle of proportionality combining retributive, preventive, and restorative dimensions in a balanced manner.
The Urgency of Reformulating The Narcotics Law in Response to The Digital Modus Operandi of Drug Trafficking Syndicates Using The Zangi App Abdurrafi Hibatullah; Kayus Kayowuan Lewoleba
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.v9i1.51964

Abstract

The development of information technology has driven a transformation in the modus operandi of illicit drug trafficking from conventional methods to digital methods through encrypted communication applications, such as Zangi, which complicates the tracking and evidence gathering processes for law enforcement agencies. This study aims to analyze the modus operandi of narcotics trafficking syndicates through digital media and to examine the urgency of reformulating Law No. 35 of 2009 on Narcotics. This study is a normative legal research employing legislative, conceptual, and case based approaches. The findings indicate that current regulations do not explicitly address drug trafficking based on electronic systems, rendering them ill suited to the evolution of digital technology. Although electronic evidence is recognized under criminal procedure law, its implementation still faces technical challenges and limitations in law enforcement capacity. Therefore, a reformulation of the Narcotics Law is necessary, encompassing the expansion of the legal definition of digital based criminal offenses, the strengthening of cyber oversight authorities, and the regulation of electronic platform liability to achieve an adaptive and effective criminal law policy in the digital era.
Study of Public Legal Awareness Regarding the Phenomenon of Infidelity (Case Study of Sawahan District, Nganjuk Regency) Dewi Irawati; Moh Asror Yusuf; Ilham Tohari
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.v9i1.52092

Abstract

The phenomenon of infidelity in the background is due to a shift in social values, where once disgraceful behavior is now characterized by family breakdown and psychological disorder. Infidelity is clearly contrary to the purposes of marriage, banned by Islamic law, tribal law, and positive law, but lack of compliance and law enforcement causes a weakening of public consciousness in various walks of life. The study aims to explore public legal awareness, identifying the practice of infidelity in shaping public legal awareness of the effects of infidelity in the incom-lined district district. The study is an empirical legal study with a naturalistic and interpretive qualitative approach (verstehen) in a sociological and legal perspective, which is aimed at understanding legal awareness and behavior of society through a descriptive data of field observations, social interaction, and interpretation of the meaning of action without prejudice. The study learned that public legal awareness of indiscretion on the part of infidelity was low because it was better understood as a moral and social matter than as breaking the law, and it tended to be adopted as a family. It is influenced by economic, psychological, communication, social media, and a lack of legal understanding and has a serious impact on individuals, families, and social beliefs. Therefore, strengthening the integration of social and legal norms of Islamic law is necessary to increase awareness of the law and preserve the moral order of society.
The Legal Strength of SK KINAG in Contemporary Landreform Land Ownership Nurfadilah Cintiarossati; Amad Sudiro
Jurnal Daulat Hukum Vol 9, No 2 (2026): June 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.v9i2.52314

Abstract

This study examines the legal force of land ownership derived from the land reform program through the Decree of the Head of the Agrarian Inspection Office (SK KINAG) within the context of contemporary land law. Land reform in Indonesia represents a form of state intervention aimed at restructuring land tenure in a fair manner through redistribution mechanisms. SK KINAG functions as an administrative instrument that legitimizes the determination of land subjects and objects in the implementation of such policies. However, the development of the modern land law system, which emphasizes land registration and certification, has affected the position of SK KINAG within the system of proof of land rights. This research employs a qualitative method with conceptual and statutory approaches, supported by secondary data in the form of legislation, books, and scholarly journals. The analysis is conducted descriptively to assess the current legal validity of SK KINAG. The results indicate that SK KINAG holds administrative and historical value as an initial basis for land control; however, it does not provide strong legal certainty comparable to land title certificates. Therefore, conversion through land registration mechanisms is necessary to obtain more definite legal recognition and effective protection within the modern land law system.
The Responsibility of Subsidiaries for The Bankruptcy of Parent Companies: A Comparative Study in Indonesian & Singaporean Laws Putri Mufidah; Suherman Suherman
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.v9i1.52284

Abstract

This study is motivated by the ambiguity of regulations regarding the legal status of corporate groups in Indonesia in the event of parent company bankruptcy. Although the principle of separate legal entity is universally recognized, business practices often reveal strong financial interdependence between parent and subsidiary companies. The main issues examined are the legal position of subsidiaries vis-à-vis parent companies that have been declared bankrupt and how this compares in the legal systems of Indonesia and Singapore. This research positions itself as a comparative law study that examines the consistency of the application of principles and doctrines in complex corporate structures. Using a normative juridical method through a legislative approach and comparative study, this article analyzes the regulatory framework of the Limited Liability Company Law and the Bankruptcy Law in Indonesia compared to the Companies Act and the Insolvency, Restructuring, and Dissolution Act (IRDA) 2018 in Singapore. The results of the study show that Indonesia still relies on casuistic judicial interpretations, as seen in the cases of PT Sritex and PT Hanson International Tbk, which create legal uncertainty for subsidiaries. In contrast, Singapore offers greater normative clarity through strict control parameters and mechanisms that protect insolvent subsidiaries. This study concludes that Indonesia needs legal reforms that explicitly regulate corporate group regimes to minimize risks and provide legal certainty.
The Criminalization of Marital Rape as a Criminal Offense of Sexual Violence: A Comparative Analysis of Criminal Law in Indonesia, Malaysia, and Brunei Darussalam Siti Maymanatun Nisa; Siti Umi Zuhliah Muhraeni R; Aryo Salasa
Jurnal Daulat Hukum Vol 9, No 2 (2026): June 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.v9i2.52897

Abstract

Marital rape constitutes a form of sexual violence within marriage that continues to remain concealed behind patriarchal cultural norms, which position sexual obligations as the absolute right of the husband. Although globally recognized as a violation of human rights, the legal recognition of sexual coercion committed by a husband varies significantly across jurisdictions. This research is grounded in the increasing incidence of gender-based violence in Indonesia, Malaysia, and Brunei Darussalam, as well as the absence of an in-depth comparative study concerning the legal framework governing marital rape in these three countries, which share closely related historical, cultural, and family law traditions. This study employs a normative-juridical approach combined with comparative legal analysis. It integrates Feminist Legal Theory as an analytical framework to examine unequal power relations within marriage and Comparative Law Theory to assess differences in legal regulations and the effectiveness of legal protection mechanisms. The data were obtained from statutory regulations, court decisions, academic literature, and official national and international reports. The findings of this study demonstrate, among others, that: (1) the urgency of regulating marital rape lies not merely in recognizing it as a criminal offense, but also in the necessity for the law to rectify unequal power relations within marriage. In the absence of clear legal regulation, sexual coercion within the household will continue to remain hidden, underreported, and inadequately prosecuted. (2) Indonesia has adopted the most progressive approach by recognizing sexual coercion within marriage as a criminal offense through the Law on Sexual Violence Crimes and the 2023 Criminal Code. Malaysia continues to maintain the marital rape exemption, thereby allowing criminal liability only in cases involving physical violence. Brunei Darussalam remains the most restricted.
Legal Protection for Local Animators in Animation Production in the Digital Era Aldo Sariski
Jurnal Daulat Hukum Vol 9, No 2 (2026): June 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.v9i2.52808

Abstract

Digital transformation has opened up great opportunities for the creative industry, but at the same time presents complex challenges for the legal protection of local animators. This research aims to analyze the forms of legal protection for local animators in the digital era and identify obstacles in its implementation. The research method used is normative juridical with a statutory approach. The research results show that legal protection for animators has been accommodated through Law Number 28 of 2014 concerning Copyright as cinematographic works which include moral rights and economic rights, implemented through license agreements. However, implementation is still hampered by high rates of digital piracy, the weak bargaining position of animators in work contracts (work for hire), and the uncertainty of freelance work status. Synchronization between copyright regulations and labor law is needed to ensure the welfare of local animators in Indonesia.
Analysis of the Ratio Decidendi in the Distribution of Marital Property Felicia Felicia; Mella Ismelina Farma Rahayu
Jurnal Daulat Hukum Vol 9, No 2 (2026): June 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.v9i2.52331

Abstract

This study aims to analyze the legal status of joint property that has not been divided after divorce when one of the parties passes away, as well as to examine the judge’s ratio decidendi in Decision No. 520/Pdt.G/2022/PN.DPS concerning the distribution of joint property and inheritance. The research method used is normative juridical research with statutory, conceptual, and case approaches. Legal materials were obtained through library research and analyzed qualitatively using legal interpretation methods. The novelty of this study lies in the analysis of the relationship between the distribution of joint property after divorce and the distribution of inheritance in childless marriages, particularly when the joint property has not been separated before one party dies. Based on the results of the study, it is concluded that joint property must first be separated before the inheritance distribution is carried out. The analysis of Decision No. 520/Pdt.G/2022/PN.DPS shows that the judges recognized the existence of joint property and the rights of the second ex-wife; however, the direct division into two portions was not fully in accordance with the legal construction of the Civil Code because the joint property should first have been separated, after which the deceased’s share should have been proportionally distributed among the heirs in order to ensure legal certainty and justice for the parties.

Page 52 of 55 | Total Record : 545

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