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

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