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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 448 Documents
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The Law Enforcement in Pressing Traffic Accident which Resulting Death Kadek Oka Suparta; Ira Alia Maerani
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
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.v3i4.13144

Abstract

The aim of this studyto know the strategy of law enforcement in suppressing traffic accidents that result in death at the Mojokerto City Police, to find out the factors that support and hinder the Mojokerto City Police in suppressing traffic accidents that result in death, and to find out solutions to obstacles in an effort to suppress traffic accidents resulting in death. The approach method used is juridical normative and juridical socio-logical method, the specifications in the research are descriptive analytical, population and sampling methods are all objects or all symptoms or all events or all units to be studied, data collection techniques use library research and interviews, data analysis used is qualitative. Application of criminal sanctions in cases of traffic accidents and road transportation based on Act No. 22 of 2009 concerning Road Traffic and Transportation. The perpetrator who causes the victim to die is subject to Article 310 paragraph (4) and Article 311 paragraph (1) of Act No. 22 of 2009. In Article 310 paragraph (4) the perpetrator is sentenced to imprisonment of up to 12 (twelve) years or a maximum fine of Rp. 24,000,000.00 (twenty four million rupiah). In Article 311 paragraph (1) the perpetrator is sentenced to imprisonment for a maximum of 1 (one) year or a maximum fine of Rp. 3,000,000.00 (three million rupiah). Factors that influence law enforcement in cases of driver negligence in traffic resulting in death are the legal factors themselves, law enforcement factors, facility factors or facilities that support law enforcement to run smoothly, community factors, namely the environment in which the law applies, cultural factors, criminal and non-penal policy factors. Efforts made by the Traffic Unit against obstacles in an effort to suppress traffic accidents that result in death, are as follows: Preemptive action, Preventive action (prevention), repressive action (repression).
Investigating Prosecutor Policies Related To Completion Deadline Of Financial Losses Calculation Of The Corruption Case By Internal Government Auditor (APIP) Case Study In State Attorney Of Grobogan Endy Dasaatmaja
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
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.v2i2.5427

Abstract

The purpose of this study was to determine and analyze the deadline for completion of the calculation of losses to the state by APIPs to requests from law enforcement agencies in Indonesia, especially Attorney Investigator and to determine the actions/policies Attorney Investigator State Prosecutor Grobogan if there are constraints result Counting Losses State Finance APIPs yet immediately handed over to the APH. This study uses a sociological juridical approach with descriptive analytical research specifications. The data used in this study are primary data and secondary data obtained through interviews and literature study, which was then analyzed qualitatively using theories of justice and the theory of legal certainty and legal purposes. The results of this study are: (1) setting a time limit Officials Internal Control of Government (APIP) submit the results of the examination Calculation of state financial loss to the Attorney Investigator regulated under Presidential Decree No. 3 of 2016 on the Acceleration of Project Implementation of the National Strategic, namely that if there is a case report and / or complaints from the public submitted to APH, which was later resolved by the time limit APIPs 35 (thirty-five days) and shall submit from APIPs to the APH later than five (5) days; (2) Measures taken by the State Attorney Investigator Grobogan Related deadline is enhanced to step inquiry investigations, general investigations actions undecided suspects and have not made forceful measures in this regard detention; (3) The ideal concept related settings No time limit need a revision of the Cooperation Agreement which specifically regulates the timeline when APIPs submit the results of the examination results of a calculation of financial loss to the country and incorporate APH 3 of Presidential Decree No. 2016 on Accelerating the implementation of the National Strategic Projects Jo. Presidential Decree No. 58 of 2017 as the legal basis for the deadline of 5 (five) days APIPs into a cooperation agreement between APH with the Internal Ministry. Keywords: Attorney Policy; Corruption; Deadlines; and APIPs.
Law Enforcement On Agents Assignment/Transfer Tube Gas Subsidies To Non LPG Subsidies Fakhrul Wildan; Gunarto Gunarto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5636

Abstract

The problems of this study are: law enforcement against businesses diversion / transfer of LPG gas cylinders subsidized to non-subsidized according to the Law of Legal Metrology and Consumer Protection which handled by Special Criminal Investigation Directorate Central Java Police and barriers faced by the Special Criminal Investigation Directorate Central Java Police to businesses diversion / transfer of LPG gas cylinders subsidized to non-subsidized and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Eventhough sources and types of data in this study are primary data obtained from field studies with interview Central Java Police investigators Ditreskrimsus, and secondary data obtained from the study of literature relating to the theory of the legal system.Based on the results of research that law enforcement against criminal cases the transfer of gas in gas cylinders subsidized gas cylinder non-subsidized conducted by the Police Directorate of Special Criminal Investigation Police Central Java starting from reports from the public or the findings of its own from the police, subsequently reduced to a letter of assignment to conduct an investigation, and then do a degree case to begin their investigation. Constraints: the views of the legal system, structure, substance and legal culture. The solution is to provide the sanction of the crime of diversion of gas, so that the person must have a deterrent effect and does not make the crime of diversion of gas from happening again. In the event of transfer of LPG cylinder which disturb public, then the aggrieved community can make a complaint to the authorities.Keywords : Law enforcement; business communities; Legal Metrology; Consumer Protection
Handling Policy on Corruption Crime in Polres Tasikmalaya Imanudin Imanudin
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
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.v1i2.3329

Abstract

In this study, will be discussed are: the handling of corruption in Polres Tasikmalaya, there are obstacles in the Handling of Corruption in the Polres Tasikmalaya and solutions in dealing with the constraints in the handling of Corruption in Polres Tasikmalay. The method used in this research is normative juridical approach used to determine the extent to which the principles of the law, the synchronization vertical / horizontal, and systemic law is applied, which is based on secondary data. Based on the results of this study are very large role of Police in law enforcement to eradicate corruption. But the weakness of the laws that regulate the authority of the Police in the investigation of corruption resulted in the ineffectiveness of the investigation of cases of corruption by the police. Police Investigator action in the process of investigation of corruption practiced by the investigator in Polres Tasikmalaya, there were always obstacles that result in delays / delays in the investigation of corruption. Propose the addition of Human Resources Police as one of the measures to meet the needs of a shortage of human resources, and / or exploit the existing potential according to ability and knowledge possessed, where one of her given training and education for the field duties and functions authority relating to the handling of Corruption. Provide guidance / courses / training related to IT (Information Technology), especially in connection with the handling of Corruption;Keywords: Policy; Crime; Corruption.
Religion Pluralism: Meeting Point Looking For Religions Siti Juwariyah
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5675

Abstract

Religious plurality actually necessitates religious pluralism. That is an understanding that promotes and upholds the attitude of accepting, maintaining, and respecting religious diversity and diversity as uniquely true to its Adherents. But reality speaks differently. Religious pluralism precisely presents a prolonged polemic between pro and contra groups. Religious pluralism is transformed into something very complicated. Religious pluralism can not be understood simply by saying that our society is advanced, God has created us with different religions, nationalities, tribes, and others. In fact, we often experience Bloodshed tragedies in the name ofreligion, Such as: Ciukesik, Magelang, clash of Monas monument between FPI and AKKBB, as well as of bloody events. However, to borrow the word Cak Nur, religious pluralism must be understood as a true link of diversity in bonds. Even religious pluralism is a must for human safety and world peace.On that basis, the question arises: Can religious pluralism, be used as a way to find the meeting point of religions in the Midst of religious conflict?Keywords: Religion; Pluralism; Conflict. 
Crime Murder Investigation Process of Infant in Order by Biological Mother on Child Protection in Polres Purworejo Jurisdiction (Case Study in Polsek Butuh Purworejo) Yuliantoro Yuliantoro; Akhmad Khisni
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
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.v1i3.3351

Abstract

The aim in this study were 1) to determine analyze the process of investigation of criminal infanticide by the biological mother in Polsek Butuh Purworejo; 2) to assess and analyze the process of investigation of criminal infanticide by the biological mother can provide protection for children; and 3) to study and analyze the obstacles encountered in the process of criminal investigation of infanticide by the biological mother. The method used in this research is empirical juridical approach or in other words the socio-juridical. Specifications of this research is descriptive. Data used in this study are primary and secondary data. The collection of data used in this research is to study literature and interviews. Analysis of the data used in this study is qualitative. In this study thatcriminal investigation process by the biological mother infanticide in Purworejo district police Butuh a police station covering the investigator, attack, inspection, and final completion and submission of the case file. The process of criminal investigation of infanticide by the biological mother can provide protection for children, in addition to whether or not made his case investigation conducted by the police of all elements also determine the chapter to be used against the offender. Investigators in the case of infanticide ensnared by the biological mother can use Article 80 paragraph (3), (4) by Act No. 35 Of 2014 on Amendment Act No. 23 of 2002 on the Protection of the Child, Article 338 of the Criminal Code. In the process of investigation of criminal offenses committed infanticide by the biological mother still there are issues both internally and externally, namely the ability of investigators that witnesses are hard to find at the scene.Keywords: Investigation; Crime; Killing Infant; Child Protection.
Law Protection on Wife Whose The Claims Fall Due To Husband Refuse His Recompensation On Implementing Of Divorce Pledge Farhan Munirus Su'aidi; Abdullah Arief Cholil
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
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.v2i4.8367

Abstract

Decision granting a divorce pledge would fall if the husband was reluctant oath within six (6) months from the date of the hearing determination pledge. The fall verdict carries legal consequences fall anyway recompensation lawsuit filed by the wife. This study aimed to analyze the norms of protection of women and seek forms of law protection that can be given by the Court on the lawsuit wife his recompensation fall due reluctant husband dropped the divorce pledge.This type of research is normative by using the approach of law (statute approach) and conceptual (conceptual approach), using primary legal materials in the form of norms related to the protection of women and secondary legal materials such as the results of previous studies as well as data obtained through interviews is analyzed with the theory of protection and legal certainty as well as apply the legal principle Similia Similibus and Res Judicata Pro Veritate Habeturand the principle is simple, fast and low cost in the hope of giving recommendations that can be implemented to address the issues of law covered in the study.The results showed no norms whose provide law protection to wives whose husbands due to the fall lawsuit his recompensation pledge reluctantly dropped the divorce. The court can give law protection in the form of provision of facilities in the areas of administration and law of procedure for the wife who would resubmit its case in accordance with the legal principle is simple, fast and low cost.Keywords: Law Protection; Wife; Recompensation Lawsuit, Fall; Divorce Pledge.
To A Complaint Crime Implementation of Sexual Violence of Husband to Wife in Polres Cirebon Jurisdictions Yanto Irianto
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
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.v1i3.3398

Abstract

The smallest element of a country's society is the family. In the ship sailed home life husband and wife, conflicts between husband and wife which can lead to legal consequences. One of the conflicts in the home that can lead to the legal consequences of sexual violence husbands against wives. During this time, in case of sexual assault on a particularly husbands against wives, most victims of violence choose to divorce, few victims are willing to bring a criminal case is processed. The application to a complaint of a criminal offense of sexual violence is seen by some experts as a barrier to criminal law enforcement against criminal acts of domestic violence.The method used in this research is normative juridical. The results showed that a complaint of the victim is an absolute condition that must exist in the criminal justice process either under investigation or under prosecution in the case Sexual violence husband to wife. Complaints of victims is the most important thing in a crime that qualifies to a complaint. Without complaint the victim, the criminal justice process will not run.Keywords: Complaints Offense; Elimination; Sexual Violence.
Coaching Process Of Prisoners In Correctional Institution Class I Kedungpane Semarang Viewed From Act No 12 Of 1995 On Concerning The Correctional Institution Antoni Muhamad Nur Cahyo; Achmad Sulchan
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
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.v3i1.8432

Abstract

The problem this study are: a) how the coaching process in prison inmates Class 1 Kedungpane Semarang in terms of Act No. 12 of 1995 on Correctional Institution? and b) whether a limiting factor in the implementation of prison inmate gave coaching in the Correctional Institution Class I Kedungpane Semarang? Researchers using normative juridical approach. The source and type of data in this study are primary data obtained from field studies with interviews at the Correctional Institution Class I Kedungpane Semarang. And secondary data obtained from the study of literature. Based on the results of the implementation study coaching in the penal system for prisoners gradually form has been going well, the first stage of the introduction of the orientation stage where inmates including receiving prisoners, registration inmates and temporary placement of prisoners, the introduction of a maximum of 1 month. The second stage of assimilation in the strict sense lasts from 1/3 to 1/2. The third stage is the stage of assimilation in a broader sense and has lived half of a criminal past. The fourth stage is the stage of integration with the community has undergone criminal or 2/3 of the time for at least 9 months. The obstacles that occur due to the lack of Correctional officer training, infrastructure is still lacking adequate. Addition of facilities are still related to education problem such as library books, any additional school, socializing with new science and training tools. Construction of shelter / blocks apart to make it more comfortable for them.Keywords: Correctional Institution; Prisoners; Development.
Counter Terrorism : Case Study On The Radicals Religious Group Eko Rubiyanto; Munsharif Abdul Chalim
Jurnal Daulat Hukum Vol 1, No 4 (2018): December 2018
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.v1i4.3928

Abstract

This research aims to explore counter terrorism: a case study of radical religious group. This research used the normative juridical approach. Data collection techniques using data reduction, data presentation, triangulation and conclusion. The results showed that the group of religious radicalism in the jurisdiction of Bekasi police pioneered by asatidz or Imam FPI called for promotion of hatred toward religious groups. The media used in the spread of religious radicals in Bekasi Police Jurisdiction is through social media with the modus operandi of instilling the idea that Islamic law is the most correct. In recruiting, there are several methods used, including the cadre, mentoring, and mastery of places of worship with the main target is the younger age groups. Flourishing of religious radicalism caused by several factors, among others. Bekasi location of the region as a buffer capital city of Jakarta, the lack of supervision of the police, the involvement of religious leaders, the low education level of the community, as well as the economic conditions of the needy. Policing is done by Bekasi policecurrently done with prevention efforts, either through counseling activities, socialization, door to door system, coordination with Tomas, Toda, or Toga, as well as joint meetings FKUB about the dangers of radicalism and terrorism. The effort is still deemed less effective, so the Bekasi police in the future in the fight against terrorism must be put forward Counter Radicalization and Deradicalisation to strengthen four pillars of nationhood.Keywords: Radicalism; Terrorism; Religion.

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