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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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Ideal Supervisory Framework for The Disclosure of Health Information on Ready-To-Eat Processed Foods for Consumer Protection: A Comparative Legal Study of Indonesia and Chile Daffi Allegra Asmara; Ridha Wahyuni
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.v9i2.53578

Abstract

The high consumption of sugar, salt, and fat (GGL) in Indonesia contributes to the increasing prevalence of non-communicable diseases or degenerative diseases, so that the fulfillment of consumers' rights to clear information as guaranteed by Article 4 letter c of Law No. 8 of 1999 concerning Consumer Protection has become an urgent issue in the context of labeling of processed ready-to-eat foods. This study examines two problems, namely the implementation of supervision of the obligation to include health risk information based on the Decree of the Minister of Health Number HK.01.07/MENKES/301/2026 and the ideal form of implementation of such supervision through a comparison with the Chilean warning label system. The method used is normative juridical with a statutory and comparative legal approach. The results of the study indicate that the implementation of supervision in Indonesia is not optimal because the KMK does not appoint a specific supervisory agency and does not contain strict sanctions for violations of the inclusion of Nutri-Level. Based on a comparison with the Chilean warning label system regulated in Ley No. 20.606, the ideal form of supervision in Indonesia includes several elements, namely clarity of supervisory institutions, specific tiered administrative sanctions, expansion of coverage to all business actors without differentiating business scale, expansion of coverage to all business actors without differentiating business scale, and protection of vulnerable groups through a ban on the sale and promotion of high GGL products in educational environments.
Rehabilitation As a Penal Policy for Online Gambling Offenders in Indonesia: A Normative Legal Analysis Sri Setiawati; Rizki Adi Pinandito
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.v9i2.51392

Abstract

Rapid technological advancement has transformed social and economic life by expanding global connectivity and access to information, yet it has also enabled cyber-enabled offending, including online gambling, which operates with heightened anonymity and scalability. In Indonesia, these characteristics generate persistent enforcement challenges and significant social harms that require responses beyond conventional punitive paradigms. This study aims (i) to examine and analyse the implementation of criminal sanctions for online gambling offenders in Indonesia, and (ii) to assess whether rehabilitation can be applied as a penal measure for such offenders. The research employs a normative juridical method grounded in positive law, using a descriptive–analytical approach to systematise relevant legal instruments and derive policy-oriented implications. The study finds that, although online gambling has been prosecuted through the KUHP and supplemented by sectoral instruments, enforcement has historically been constrained by doctrinal fragmentation and limited deterrent effect, resulting in relatively nominal sanctions and short custodial outcomes in practice. It further concludes that the synchronisation of the New KUHP (Law No. 1 of 2023) and the Second Amendment to the UU ITE (Law No. 1 of 2024) strengthens the sanctioning architecture through technology-specific criminalisation and economically meaningful penalties, while rehabilitation remains a necessary complementary measure to address the underlying psychological and social vulnerabilities that sustain demand and recidivism.
Legal Position and Implications of Land Lease Agreements Subject to Mortgage Rights Himma Hasanah; 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.v9i2.52350

Abstract

This study aims to analyze the legal position of land lease agreements and the legal implications of leasing land encumbered with mortgage rights. The research method used is normative legal research with statutory and conceptual approaches. Legal materials were obtained through library research consisting of primary, secondary, and tertiary legal materials, which were then analyzed qualitatively using a descriptive-analytical method. The novelty of this study lies in the analysis of the relationship between lease rights as personal rights and mortgage rights as material rights, particularly regarding legal protection for tenants when the leased object is executed by creditors. Based on the results of the study, it is concluded that land lease agreements provide tenants with the right to utilize the land; however, their position is weaker than mortgage rights, which possess preferential characteristics and the principle of droit de suite. Consequently, if the debtor defaults and execution is carried out on the collateral object, the tenant may lose the right to use the leased object before the lease period expires. Legal protection for tenants remains limited and largely depends on the contents of the agreement and the creditor’s approval in the Deed of Granting Mortgage Rights, therefore caution is required when entering into land lease agreements in order to minimize potential legal risks.
Optimization of Online Dispute Resolution (ODR) for Legal Certainty in E-Commerce Consumer Protection in Indonesia Devy Fitri Syahrani; Ema Nurkhaerani
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.v9i2.53577

Abstract

The development of e-commerce in Indonesia has driven the need for an effective, straightforward, and affordable dispute resolution model. Online Dispute Resolution (ODR) has a clear legal basis through Law No. 30 of 1999 and Government Regulation No. 80 of 2019, but its regulations are still scattered, not yet harmonized, and not supported by adequate institutional design. This study aims to analyze the harmonization of ODR regulations in e-commerce dispute resolution and formulate a model for optimizing its implementation through the Consumer Dispute Resolution Agency (BPSK). This study applies normative legal methods based on legislative, conceptual, and case study approaches. The analysis is based on the ideas of Law in Books vs. Law in Action and Law as a Tool of Social Engineering formulated by Roscoe Pound, as well as the concept of Access to Justice developed by Mauro Cappelletti and Bryant G. Garth. The results of the study indicate that ODR regulations in Indonesia still experience disharmony in procedural, institutional, and systemic aspects, mainly due to the lack of integration between marketplace platforms, the Directorate General of PKTN, and BPSK. Platforms' internal mechanisms also tend to be closed and do not fully guarantee procedural fairness for consumers. Optimizing ODR needs to be directed towards a hybrid model that positions platforms as providers of digital evidence, while the BPSK remains an independent dispute resolution authority. This model is expected to strengthen consumer protection, increase legal certainty, and achieve effective and equitable e-commerce dispute resolution.
Consumer Legal Protection Against Misleading Advertisements In Electronic Transactions Of Beauty Products (A Comparative Study Between Indonesia And South Korea) Tsabitah Rahmah Adfari; Citraresmi Widoretno Putri
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.v9i2.52993

Abstract

This study aims to analyze legal regulations and compare consumer protection mechanisms against misleading advertising in electronic transactions of beauty products in Indonesia and South Korea. The method used is normative juridical research with a comparative legal approach, through a literature review of primary, secondary, and tertiary legal materials, which are then analyzed qualitatively. The results of the study indicate that both countries have a relatively comprehensive legal framework for regulating misleading advertising, but with different characteristics. Indonesia relies on scattered regulations such as the Consumer Protection Law, the Electronic Information and Transactions Law, and supervision by the Food and Drug Supervisory Agency. Meanwhile, South Korea implements a more integrated and proactive system through the Cosmetics Act, the Act on Fair Labeling and Advertising, and the Ministry of Food and Drug Safety, supported by regulations responsive to technological developments such as the regulation of dark patterns, collective dispute resolution mechanisms, and stricter sanctions including reverse burden of proof and potential punitive damages. These findings indicate that although Indonesia has an adequate legal basis, institutional strengthening, regulatory harmonization, and technological adaptation are needed to improve the effectiveness of consumer protection in the digital era.
Reconstruction of Legal Protection for The Notary in Criminal Proceedings: An Analysis of the Harmonization of the UUJN and the National Criminal Code Daddy Ramdhan; Gunawan Djajaputra
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.v9i2.52576

Abstract

The criminalization of the Notary profession in Indonesia shows a worrying trend, where civil disputes are often forcibly dragged into the criminal realm. This study aims to analyze the limits of notary liability and its legal protection when designated as a suspect within the framework of legal harmonization between the Notary Position Act (UUJN) and the National Criminal Code (KUHP). The research method used is normative legal research with a statutory and case approach. The results indicate that the determination of suspect status for Notaries often ignores the nature of formal job responsibility. A reconstruction of norms is needed to synchronize the authority of the Notary Honorary Council with criminal procedural law to ensure legal certainty for public officials.
Bad Faith as the Basis for the Cancellation of Registered Trademarks in the 100% Trademark Dispute (Case Study No. 797 K/Pdt.Sus-HKI/2022) Hilyah Az Zahra; Andriyanto Adhi Nugroho
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.v9i2.53576

Abstract

Trademarks play a strategic role in commerce as both a product identity and a reflection of a business operator’s economic value and reputation. In Indonesia’s trademark legal system, which adheres to the “first to file” principle, trademark registration serves as the basis for the creation of exclusive rights. However, the application of this principle must be balanced with the principle of good faith to prevent abuse by parties who register trademarks in bad faith. This study aims to analyze the application of the principle of bad faith as the basis for the cancellation of registered trademarks, as well as the position of the "first to file" principle in the "100%" trademark dispute under Law No. 20 of 2016 on Trademarks and Geographical Indications. The method used is normative legal analysis employing a statutory approach and a case-based approach, referencing Supreme Court Decision No. 797 K/Pdt.Sus-HKI/2022. The research findings indicate that bad faith is evidenced by the overall similarity of the trademarks, the similarity of the goods classes, as well as the prior use and registration of the trademark by SAULE, LLC in several countries. The “first to file” principle remains recognized, but it is not absolute and may be set aside if the registration is proven to lack good faith. The legal framework governing the criteria for good faith needs to be strengthened to ensure more consistent legal certainty.
Legal Analysis of The Legal Regulations for The Return of Confiscated Items Based on Article 133 of the Kuhap Urip Tri Gunawan; Muhammad Taufiq
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.v9i2.53452

Abstract

This study aims to analyze the legal provisions regarding the return of confiscated objects after a pretrial decision based on Article 133 of Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP), and to examine the legal status and force of pretrial decisions in the criminal justice system in Indonesia. The type of research used in this study is Normative Juridical legal research. The results of the study indicate that Article 133 of Law Number 20 of 2025 concerning the Criminal Procedure Code has basically provided a clear normative basis regarding the obligation to return confiscated objects to the entitled party if the objects are no longer needed in the evidentiary process. This provision reflects the principle of property rights protection and the principle of legal certainty in the criminal justice system. In addition, a pretrial decision declaring a confiscation invalid has binding legal force and must be implemented as a form of restoration of the original state (restitutio in integrum). However, the Criminal Procedure Code has not yet expressly regulated the mechanism for executing pretrial decisions, thus creating obstacles in their implementation.
A Victimological Review of Fraud Committed by Online Motorcycle Taxi Drivers Against Consumers Muhammad Gading Bintang Hadhani; Kayus Kayowuan Lewoleba
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.v9i2.52690

Abstract

The advancement of information technology during the fourth Industrial Revolution has led to the emergence of an app-based transportation services that offer efficiency and convenience for the society. However, alongside these advancements, new forms of crime have also emerged, including online motorcycle taxi drivers' fraud against customers. In addition to examining legal protection and the restoration of victims' rights from a victimological perspective, this study attempts to understand the forms and methods of such deception. The study uses statute and case techniques as part of a normative legal method, and the research using primary and secondary legal sources. The findings indicate that fraudulent practices have evolved into complex patterns, ranging from system manipulation such as fake GPS and fictitious orders to deceptive conduct in direct interactions with consumers. Although legal protection is regulated under the Consumer Protection Law, the Electronic Information and Transactions Law, and the Criminal Code, its implementation remains ineffective, particularly regarding evidence and authorities. Furthermore, the recovery of victims’ rights is still limited to material compensation and does not yet reflect a comprehensive victimological approach. Therefore, stronger regulations, greater platform accountability, and more comprehensive victim recovery mechanisms are necessary.
Searches in the Indonesian Criminal Procedure System Based on Human Rights Perspective Daffa Ihsan Ghifari; Rakhmat Bowo Suharto
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.v9i2.53454

Abstract

This study examines the practice of searches in criminal procedure from a human rights perspective. Searches are a coercive measure that can affect individual privacy and freedom, and therefore must be implemented in accordance with human rights principles. This study highlights the importance of balancing the interests of law enforcement and the protection of individual rights in the search process. The research method used is a normative method with a legislative approach and case analysis to evaluate the conformity of search practices with applicable human rights standards. The research findings show that although Indonesian criminal procedure law regulates search procedures, there are a number of challenges in its implementation that could potentially violate human rights, such as violations of the right to privacy and substandard procedures. Several cases have shown searches conducted without authorization or exceeding authority, which has implications for individual rights violations. Therefore, updates and increased oversight of search procedures are needed to ensure that human rights are respected. This research suggests the need for clearer regulatory enforcement and stricter oversight of search practices in criminal procedure. Furthermore, training and awareness of law enforcement officials regarding the importance of human rights in all law enforcement actions need to be improved. These measures are expected to ensure that searches can be conducted effectively and fairly, without compromising the protection of individual rights.

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