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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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The Implementation of Government Regulation No. 49 of 2025 in Establishing the 2026 Regency/City Sectoral Minimum Wage by the Governor of West Java Mimin Ida Nurjanah; Muhammad Abas; Yuniar Rahmatiar
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.v9i2.52626

Abstract

The enactment of Government Regulation Number 49 of 2025, which re-established the authority to determine Regency/Municipal Sectoral Minimum Wages (UMSK), has sparked considerable legal and policy debate concerning its implementation in West Java Province. This study aims to examine the implementation of the governor’s authority in determining the 2026 UMSK and to assess its conformity with administrative law principles and applicable laws and regulations. This study adopts a normative juridical approach, employing statutory and conceptual analyses, complemented by empirical evidence obtained through semi-structured interviews. The legal materials consist of primary legal sources in the form of legislation and secondary legal. The findings indicate that the implementation of UMSK determination in West Java has not fully complied with normative provisions, particularly regarding the phrase “based on recommendations,” which in practice is not consistently used as the primary reference by the governor. Furthermore, non-juridical factors such as economic interests and political dynamics also influence the policy, resulting in potential industrial conflicts and legal uncertainty. Therefore, it can be concluded that the implementation of the governor’s authority in determining the 2026 UMSK has not fully reflected the principle of legality and the general principles of good governance.
The Role of Local Authorities in Protecting Hajj Pilgrims in Indonesia: A Legal Protection Perspective Muchammad Shidqon Prabowo
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.v9i2.54179

Abstract

Indonesia, as the country with the world’s largest Hajj contingent, requires effective governance to ensure comprehensive legal protection for pilgrims. This study aims to analyze the roles of local authorities in Hajj protection, identify governance challenges, and formulate policy recommendations. This research employed a qualitative doctrinal legal approach combined with policy-oriented legal analysis and literature review. The analysis was based on Law Number 8 of 2019 concerning the Organization of Hajj and Umrah Pilgrimage, Law Number 23 of 2014 concerning Regional Government, Law Number 17 of 2023 concerning Health, Law Number 34 of 2014 concerning Hajj Financial Management, and Minister of Health Regulation Number 15 of 2016 concerning Health Istitha’ah for Hajj Pilgrims. The findings show that local authorities play important roles in health protection, financial facilitation, regulatory compliance, and institutional coordination. However, regulatory fragmentation, uneven regional capacity, and weak coordination reduce implementation effectiveness. Strengthening regional governance and institutional coordination is therefore essential to improve legal protection for Indonesian Hajj pilgrims.
Digital Transformation of Police Supervision and Its Implications for the Principle of Checks and Balances in the Indonesian Constitutional System Paulus Wisnu Yudoprakoso
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.v9i2.52439

Abstract

Within Indonesia’s post-reform constitutional order, the Indonesian National Police (Polri) functions as a civilian institution within the executive branch while exercising broad powers that have a direct impact on the protection of citizens’ rights and fundamental freedoms. In practice, conventional oversight mechanisms over Polri often face structural and institutional constraints, particularly in ensuring transparency and accountability. The development of digital technology has introduced new forms of public-based oversight, enabling broader civic participation through digital reporting platforms and online monitoring. This study examines the digital transformation of Polri oversight as a constitutional phenomenon and analyzes its implications for the checks and balances principle. Using a normative juridical method with statutory and conceptual approaches, this research finds that digital oversight may strengthen constitutional accountability by expanding public scrutiny and access to information. Nevertheless, without a clear normative and institutional framework, digital oversight risks producing fragmented control mechanisms that operate outside formal accountability structures and potentially undermine due process of law. Therefore, the integration of digital oversight must be constitutionally designed to reinforce, rather than replace, established mechanisms of power limitation in a democratic constitutional state.
Juridical Analysis of Criminal Sanctions Against Perpetrators of Money Games Using a Ponzi Scheme Model Frizzy Rivaldy Anugrah; Rollys Suriani; Rizki Setyobowo Sangalang; Kristian Kristian
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.v9i1.52146

Abstract

The rapid development of financial technology has contributed to the emergence of various digital investment platforms, some of which are misused to conduct illegal activities such as Ponzi schemes. A Ponzi scheme is a fraudulent investment model that promises unusually high returns within a short period by using funds from new participants to pay earlier investors rather than generating legitimate profits. This study aims to analyze law enforcement against perpetrators of Ponzi schemes, particularly the legal implications for upline actors and the legal protection available for victims. The research employs a normative juridical method using statutory and case study approaches, with legal materials derived from legislation, legal literature, and related references. The findings indicate that Indonesia does not yet have specific regulations governing Ponzi scheme practices. Nevertheless, perpetrators may be prosecuted under Article 378 of the Criminal Code concerning fraud, Article 103 of Law Number 8 of 1995 on Capital Markets, and Article 28 paragraph (1) of Law Number 11 of 2008 on Electronic Information and Transactions as amended by Law Number 19 of 2016. Therefore, stronger and more specific regulations are needed to provide legal certainty and better protection for victims.
Legal Protection for Victims of Theft Crimes Who Take Independent Action: A Study of Justice for 'Victim-Offenders' Rizky Septian; Fathurrahim Fathurrahim; Basto Daeng Robo; Sophian Y. Selajar; Arisa Murni Rada
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.v9i1.51937

Abstract

The purpose of this study is to analyze the legal provisions regarding the rights of victims of theft to defend themselves and their property, as well as to examine the legal protection mechanisms that can prevent secondary victimization of victims in the law enforcement process. This issue is important because in the practice of criminal justice in Indonesia, there are often situations where victims of theft who resist the perpetrator are potentially prosecuted if their actions cause harm to the perpetrator. This condition shows a paradox in the criminal justice system, where victims who should receive protection instead face the risk of criminalization as a result of their acts of self-defense. This raises issues of justice and has the potential to create secondary victimization of victims through a law enforcement process that is insensitive to the position of victims. Therefore, this research is urgent to examine in more depth how Indonesian criminal law regulates self-defense and how legal protection mechanisms can be developed so that victims are not further harmed in the criminal justice process. This study uses a normative-juridical research method with a legislative approach and a conceptual approach analyzed through systematic interpretation and legal content analysis of various relevant legal sources. The results of the study show that, normatively, Indonesian criminal law recognizes the concept of self-defense as a justification, but the existing regulations still leave room for broad interpretation, which has the potential to cause legal uncertainty for victims who resist perpetrators of theft. In addition, victim protection mechanisms in the law enforcement process have not been fully able to prevent secondary victimization. This study concludes that there is a need to strengthen the regulatory framework, develop law enforcement guidelines that are more sensitive to victims, and adopt an approach that is more oriented towards victim protection in the criminal justice system. The novelty of this study lies in its analysis, which places victims who engage in independent resistance as the main subject of study from the perspective of legal protection and the prevention of secondary victimization in Indonesian criminal law.
Legal Analysis of the Policy on Appointing Foreign Nationals as Directors of State-Owned Enterprises Raisha Tiara Hasnakusumah
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.v9i2.53729

Abstract

The amendment to Law Number 19 of 2003 on State-Owned Enterprises through Law Number 16 of 2025 has opened the possibility for foreign nationals to serve as directors of State-Owned Enterprise Limited Liability Companies (Persero BUMN). This policy has generated debate as it is considered a means of enhancing professionalism, corporate governance quality, and the competitiveness of SOEs. This study aims to examine the rationale behind the appointment of foreign nationals as directors of Persero BUMN and to assess its compatibility with the principle of state control as stipulated in Article 33 of the 1945 Constitution. Employing a normative juridical method with statutory and conceptual approaches, the study finds that the policy emerged as a response to structural challenges faced by SOEs, including limited competitiveness, corporate governance issues, and the need for professional leadership in an increasingly competitive global environment. Furthermore, the appointment of foreign directors is not inconsistent with the principle of state control, provided that the state retains effective authority over their recruitment, appointment, and supervision. To safeguard national interests, a specific vetting mechanism should be established, particularly for SOEs operating in strategic and sensitive sectors.
Implementation of the Non-Discrimination for Employees Principle under Manpower Law Ongnot Hersiani; Ariani Yestati; Elin Sudiarti; Syamhudian Noor
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.v9i1.52152

Abstract

This study examines the implementation of the principle of non-discrimination under Law Number 13 of 2003 on Manpower at PT. Trio Motor in Kuala Kurun, Gunung Mas Regency. The research is motivated by the existence of company policies prohibiting married couples from working in the same unit and the dismissal of female employees after marriage, which potentially contradict the principle of equal treatment in employment relations. The purpose of this study is to analyze the implementation of the principle of non-discrimination in company practices and to assess its conformity with Indonesian labor law and ILO Convention Number 111 of 1958. This research employs an empirical juridical method by combining statutory analysis with field research through interviews, observations, and literature studies. The data obtained are analyzed using a descriptive qualitative approach to evaluate the implementation of Articles 5, 6, and 153 paragraph (1) of Law Number 13 of 2003 on Manpower. The findings show that the implementation of the non-discrimination principle at PT. Trio Motor is still not optimal, as company policies prioritize professionalism and conflict prevention over equal treatment for workers. Consequently, a gap remains between normative legal provisions and employment practices.
Criminology of Corruption in Indonesia: Analysis of Perpetrator Behavior Patterns and Social Determinants Josmangasi Simbolon; Parningotan Malau; Alwan Hadiyanto
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.v9i1.51683

Abstract

This article examines the criminological dimensions of corruption in Indonesia through an analysis of perpetrator behavior patterns and the social factors that influence them. Using a qualitative-empirical approach, this study combines public data from legal institutions such as the Corruption Eradication Commission (KPK), the Supreme Court (MA), the Attorney General's Office, the Police, and the Supreme Audit Agency (BPK) with the results of simulated interviews designed to understand the moral rationalization of perpetrators of corruption. The results show that corruption is not merely a violation of the law, but rather a systemic social behavior that is learned within bureaucratic structures and permissive organizational cultures. This study also finds disparities in sentencing between perpetrators of corruption and perpetrators of general crimes, indicating the persistence of class bias and the weak deterrent effect of Indonesia's legal system. This article concludes that corruption eradication reforms must be directed at structural and moral reconstruction, by enforcing proportionality in punishment, strengthening institutional control, and fostering a culture of integrity and justice. 
Juridical Analysis of Urgent Termination of Employment at PT BFI Finance Indonesia Tbk Based on Decision Number 5/Pdt.Sus-PHI/2025/PN Plk Ika Julina; Fransisco Fransisco; Vicka Prama Wulandari; Joanita Jalianery
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.v9i1.52324

Abstract

Termination of Employment on urgent grounds has generated debate in judicial practice because the conceptual boundaries of what constitutes “urgent” are not yet fully clear. Previous studies have analyzed the regulation of urgent termination normatively; however, they have not examined how judges apply the criteria of urgency in judicial practice and its relationship with trust as the foundation of the employment relationship. This study analyzes Decision Number 5/Pdt.Sus-PHI/2025/PN Plk to identify the judges’ considerations in assessing urgent termination, using a normative juridical method with a case approach. The results show that the Panel of Judges applied a cumulative four-pillar approach: violation of the legality principle under the Fiduciary Security Law, ultra vires actions, a concrete loss of Rp120,000,000.00, and a breach of fiduciary duty due to a conflict of interest. Urgent termination does not require a warning letter because such conduct fundamentally damages trust, in accordance with the provisions of Law Number 6 of 2023 and Government Regulation Number 35 of 2021. The decision clarifies the limits of vicarious liability, which does not apply to actions that harm the company, with the consequence of limited compensation without severance pay and long-service awards.
Reconceptualization of Marine Rights Granting: Decentralizing Permits, Deconcentrating Rights Determination Dzulkarnain Alghafuru Syahputra
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.v9i1.52301

Abstract

The Constitutional Court Decision No. 3/PUU-VIII/2010 abolished the Coastal Waters Cultivation Rights (HP-3) on the grounds that it contradicted the public trust doctrine. However, more than a decade after this decision, new forms of private control over marine spaces have emerged, including 263 Building Use Rights certificates and 4 Freehold Title certificates in Tangerang waters, as well as sea fences restricting access for traditional fishers. This normative-doctrinal legal research aimed to analyze the full decentralization design in Law No. 27 of 2007 concerning Management of Coastal Areas and Small Islands as a form of design error from the perspective of legislation formation. Using statute, conceptual, and case approaches, this research deconstructed the authority structure that conflates administrative and juridical functions, lacks vertical checks and balances, and ignores the character of the sea as public goods. The novelty of this research lies in offering a reconceptualization through the model of decentralization of permits and deconcentration of rights determination as an institutional firewall against conspirative practices. This research concluded that Law No. 1 of 2014 and the Job Creation Law only changed the nomenclature from "rights" to "permits" without fundamentally altering the defective authority structure. The proposed model separates location permits (administrative, temporary, decentralized to regional governments) from property rights determination (juridical, permanent, deconcentrated to central government apparatus in the regions), thereby creating vertical checks and balances while preserving legal certainty for investment and protecting the rights of local communities.

Page 54 of 55 | Total Record : 545

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