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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 553 Documents
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The Digital Framing as an Unlawful Act in the Dispute Between Yai Min and Sahara Irene Puteri A. S. Sinaga; Abigail Angeline Yap; Sandriani Garanta; Valonia Nevada
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.v9i1.52757

Abstract

This research analyzes the application of the elements of unlawful acts (Perbuatan melawan hukum or PMH) in defamation disputes arising from digital media under Indonesian civil law, using the case between Imam Muslimin (Yai Min) and Nurul Sahara as a contextual reference. In contrast to previous studies, this research provides an integrative perspective that bridges criminal and civil approaches to defamation, aiming to demonstrate how the elements of unlawful acts, namely fault, loss, causal relationship, and violation of rights are applied in assessing online defamation within the framework of civil liability. This study employs a normative legal research method with a case approach as the primary analytical framework. The analysis focuses on the implementation of Article 1365 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata or KUH Perdata) concerning unlawful acts, in conjunction with relevant provisions of the Electronic Information and Transactions Law (ITE Law). The sources of legal materials consist of primary materials (statutory regulations), secondary materials (legal doctrines, journals, and scholarly articles), and tertiary materials (credible media reports and supporting information). Data are collected through library research and analyzed qualitatively to evaluate the coherence between positive legal norms and their practical application in the Yai Min–Sahara case. The findings indicate that Sahara’s actions satisfy the elements of an unlawful act, particularly in the form of defamation, thereby highlighting the importance of responsible digital behavior and strengthening legal awareness regarding online communication ethics and liability.
Representative Versus Direct Democracy in Regional Head Elections: A Constitutional Analysis of Popular Sovereignty in Indonesia Ridho Harapan Bunda; Muhammad Fadli; Resti Hefriyenni
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.v9i1.52143

Abstract

The discourse on returning the election of regional heads to the Regional People’s Representative Council (DPRD) has resurfaced in Indonesia’s constitutional debate, gaining significant support from major factions in the national parliament. This proposal is primarily driven by the exponential rise in political costs and widespread money politics, which are viewed as eroding the integrity of direct elections. What began as a procedural debate has now evolved into a fundamental discussion about the most suitable model of local democracy in light of Indonesia’s current political realities. This study examines the discourse through constitutional analysis, positioning popular sovereignty as the central normative variable while assessing its implications for local democracy quality. Using statutory and conceptual approaches, the research analyzes laws and democratic doctrines. The findings indicate that the phrase “elected democratically” in Article 18 paragraph (4) of the 1945 Constitution allows flexible interpretation, accommodating both direct and indirect election models. However, returning authority to the DPRD risks consolidating local political oligarchies, weakening legislative oversight, and limiting public participation. Ultimately, the dysfunction in local democracy stems not primarily from the direct election system, but from institutional weaknesses, declining political ethics, and low accountability of democratic actors.
Legal Analysis of the Protection of Community Rights in Agrarian Conflicts with Companies Holding HGU in West Bangka Muhammad Rifki Nauvaldi; Abdul Rasyid Saliman
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.v9i1.52153

Abstract

This study aims to analyze legal protection for communities in agrarian conflicts with companies holding Land Use Rights (HGU) in West Bangka. Agrarian conflicts involving communities and corporations are complex issues that are not only related to legal aspects, but also concern social justice and the recognition of traditional rights. The research method used is normative legal research with a legislative approach and a case approach. The results of the study indicate that normatively, protection for communities has been accommodated in various laws and regulations, such as the 1945 Constitution and the Basic Agrarian Law. However, in practice, this protection has not been implemented effectively due to weak recognition of customary territories, overlapping permits, and unequal positions between communities and companies. In addition, the available dispute resolution mechanisms have not fully provided substantive justice for communities. Therefore, it is necessary to strengthen regulations and government commitment to ensure the protection of community rights more effectively and fairly.
Analysis of Legal Protection for Children as Victims of Domestic Violence (KDRT) by Parents Muhammad Amin; Suriansyah Murhaini; Claudia Yuni Pramita; Yacob Ferdinan Martono
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.v9i1.52144

Abstract

This study aims to analyze the forms of legal protection for children who are victims of domestic violence committed by their parents. As a vulnerable group, children have the right to protection from all forms of violence, whether physical, mental, or neglect, as stipulated in Law Number 35 of 2014 concerning Child Protection and Law Number 23 of 2004 concerning the Elimination of Domestic Violence. However, there are still many cases of domestic violence against children that are not properly managed, due to weak law enforcement and a lack of awareness among the public. The method used in this study is normative juridical analysis of relevant legislation and court decisions. The findings of this study show that even though there are existing legal instruments, the implementation of protection for children who are victims of domestic violence has not been running well because it faces various structural and social challenges. Therefore, it is very important to reform policies and increase the role of child protection agencies and law enforcement agencies to provide comprehensive protection to children who are victims of domestic violence. 
A Study of Victims of Human Trafficking from a Critical Victimology Perspective Rino Ayahbi; Sigid Suseno; Wanodyo Sulistyani
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.v9i1.52003

Abstract

Indonesia applies the principle of non-punishment subject to the condition of “coercion,” which in law enforcement practice tends to be narrowly interpreted as physical coercion; as a result, many victims who have experienced psychological or economic exploitation, or exploitation through power dynamics, are still subject to criminal prosecution. The objective of this study is to analyze the limited application of the principle of non-punishment for victims of human trafficking under Article 18 of Law No. 21 of 2007 through the lenses of positive and critical victimology, as well as its alignment with international standards. The urgency of this research lies in Indonesia’s need to align its legal framework with the Palermo Protocol and ASEAN guidelines, which affirm non-punishment as an unconditional obligation. The method used is normative legal research employing legislative, case-based, and conceptual approaches, utilizing primary and secondary legal materials analyzed qualitatively. The novelty of this study lies in integrating victimological criticism of the construction of the “ideal victim” in judicial practice to demonstrate that the state’s labeling of victims often serves as the basis for criminalization. The research findings indicate that the application of the non-punishment principle in Indonesia does not yet align with international standards because it still treats victims as perpetrators and has not implemented early victim identification; therefore, a reformulation of Article 18 of the TPPO Law is necessary to align with international provisions within the framework of TPPO victim protection.
Analysis of the Authority of Community Organizations in Conducting the Sealing and Confiscation of Assets Soffyan Angga Fahlani; Eko Taufikur Rahman; Muhammad Azianor Ilmy
Jurnal Daulat Hukum Vol 9, No 3 (2026): September 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.v9i3.52807

Abstract

The involvement of community organizations (ormas) in acts of sealing and confiscating assets reflects a shift in their role from social organizations to actors resembling law enforcement authorities. In practice, such actions often arise in land disputes, business conflicts, or pressure against certain parties under the justification of protecting public interests. However, under the Indonesian legal system, the authority to conduct sealing and confiscation is exclusively granted to law enforcement agencies and judicial institutions pursuant to statutory regulations. Consequently, actions undertaken by ormas potentially violate the principles of legality, due process of law, and the rule of law. This study employs a normative juridical research method using statutory and conceptual approaches. The legal materials consist of primary legal sources, including legislation, court decisions, and official documents, as well as secondary legal materials such as books, journals, and legal doctrines. The analysis was conducted through stages of editing, systematization, and description of relevant legal provisions. The findings demonstrate that ormas, as private entities, do not possess authority through attribution, delegation, or mandate to carry out coercive actions such as sealing and confiscation. Such conduct may therefore be classified as an abuse of authority in the form of arbitrary action without lawful authorization. From the perspective of criminal law, these acts may fulfill the elements of criminal offenses, including unlawful appropriation, extortion, or unauthorized control of property. From the standpoint of civil law, such actions may constitute unlawful acts (torts), giving injured parties the right to seek compensation for damages. Furthermore, within administrative law, actions exceeding the lawful functions of ormas may result in administrative sanctions, including warnings, suspension of activities, and revocation of legal entity status.
Legal Harmonization of River Basin Protection in Southern Bali Through an Ecosystem-Based Governance Framework I Gusti Bagus Suryawan; I Nyoman Sutama; I Made Gianyar; I Nyoman Sumardika; Made Dwija Pramana; Ni Komang Ayu Darmayanti
Jurnal Daulat Hukum Vol 9, No 3 (2026): September 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.v9i3.55885

Abstract

River basin protection in South Bali faces increasing pressures from development, urbanization, and tourism activities that threaten the sustainability of river ecosystems. Although Indonesia has established a legal framework through the 1945 Constitution of the Republic of Indonesia, Law Number 17 of 2019 concerning Water Resources, environmental protection regulations, and spatial planning law, river basin protection remains constrained by regulatory fragmentation, overlapping authority, and inconsistent spatial utilization. This study aims to analyze the legal construction of river basin protection from the perspectives of water resources, environmental, and spatial planning law; identify normative disharmony and implementation challenges in South Bali; and formulate a legal harmonization model based on an ecosystem-based governance approach. This study employs normative legal research using statutory, conceptual, and analytical approaches. The results indicate that these legal regimes provide a strong normative foundation but continue to operate sectorally, limiting optimal river protection. The proposed harmonization model emphasizes the integration of legal norms, river basin-based spatial planning, strengthened institutional coordination, effective oversight mechanisms, and meaningful public participation. An ecosystem-based approach is essential to balance economic development, legal certainty, and ecological sustainability in river areas, particularly amid the growing development pressures in South Bali.
Legal Analysis of Corporate Social and Environmental Responsibility Based on the Principles of Good Corporate Governance (A Case Study of Pt Lontar Papyrus Pulp & Paper Industry) Melia Rizki Ruswandi; Nurul Laylan Hsb; Eko Nuriyatman; Putra Hadi; M. Kamal Fathoni; Nova Bela Dhyta
Jurnal Daulat Hukum Vol 9, No 3 (2026): September 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.v9i3.55931

Abstract

Good Corporate Governance (GCG) and Corporate Social Responsibility (CSR) are pivotal concepts in sustainable modern corporate management. This study comprehensively examines the definitions, fundamental principles, implementation practices, and interrelationship between GCG and CSR within the Indonesian business context. A normative juridical research method was employed, focusing on the analysis of legal norms and the application of rules within the framework of prevailing positive law. Data were sourced from scientific literature, corporate annual reports, national regulations, and official policy documents pertaining to GCG and CSR. PT LPPPI was selected as a case study to assess the extent to which Corporate Social and Environmental Responsibility (TJSL) obligations translate potential environmental impacts into tangible ecological protection, as well as to determine whether TJSL implementation aligns with GCG principles. The findings demonstrate that GCG—through transparency, accountability, responsibility, independence, and fairness—strengthens the credibility and effectiveness of CSR practices. Field observations confirm that PT LPPPI has implemented TJSL activities, complies with applicable regulations, and applies GCG principles. Nevertheless, continuous evaluation of all TJSL programs is recommended to ensure intended outcomes are achieved and initiatives align with community needs and capacities.
AI-Generated Deepfakes and Civil Liability Under Article 1365 of the Civil Code and Human Rights Protection Yuliasara Isnaeni; Ricky Hendra Gutama
Jurnal Daulat Hukum Vol 9, No 3 (2026): September 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.v9i3.53580

Abstract

The rapid advancement of Artificial Intelligence (AI) has facilitated the emergence of deepfake technology, which enables the creation of highly realistic manipulated audio, image, and video content. While deepfakes offer various beneficial applications, their misuse poses significant legal challenges, particularly regarding civil liability and the protection of fundamental rights. This study aims to analyze whether the creation and dissemination of AI-generated deepfake content fulfill the elements of an unlawful act under Article 1365 of the Indonesian Civil Code and to examine the evidentiary mechanisms applicable in civil litigation involving deepfakes. This research employs normative legal research using statutory, conceptual, and case approaches. The findings indicate that the unauthorized creation and distribution of deepfake content may satisfy all elements of an unlawful act, namely the existence of an act, unlawfulness, fault, damage, and a causal relationship between the act and the resulting harm. The study concludes that Article 1365 of the Indonesian Civil Code can be applied progressively to deepfake cases, although more comprehensive regulations are necessary to ensure effective legal protection and accountability in the era of artificial intelligence.
Digital Ethics and Legal Responsibility in Social Media Use among University Students: A Normative Analysis of Indonesian Law Sugananten Sugananten; Sri Mulyati; Ruli Ruli; Hartanto Hartanto
Jurnal Daulat Hukum Vol. 9 No. 3 (2026): September 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/dgbesc46

Abstract

The widespread use of social media has transformed communication among university students, creating opportunities for learning and interaction while increasing the risk of digital ethics violations. This situation highlights the need to strengthen moral awareness and legal responsibility in digital environments. This study aims to examine forms of digital ethics violations among university students, analyze them through moral theories and social responsibility, and identify strategies for strengthening digital ethics awareness. A descriptive qualitative approach was employed through library research, using secondary data from scientific books, journal articles, previous studies, and relevant legislation, particularly Law Number 1 of 2024 on Electronic Information and Transactions and Law Number 27 of 2022 on Personal Data Protection. The findings identify digital ethics violations, including hoaxes, hate speech, cyberbullying, privacy violations, and harmful content. These behaviors are associated with limited digital literacy, inadequate ethics education, online anonymity, peer influence, popularity-seeking, and weak self-control. Deontological, utilitarian, and virtue ethics reveal conflicts with moral duties, social welfare, and core virtues. This study contributes to legal and ethical discourse by recommending curriculum-based digital ethics education, stronger digital literacy, positive online cultures, and collaboration among universities, families, communities, and government to promote lawful and responsible social media use.

Page 55 of 56 | Total Record : 553

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