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INDONESIA
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 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.

Page 55 of 55 | Total Record : 545

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