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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 359 Documents
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Hint As A Means Of Verification And Inspection Decision In Subsidized Fertilizer Corruption (Case Study Case Number 45 / Pid.Sus-TPK / 2016 / PN SMG) Ardi Sanditya; Sri Endah Wahyuningish
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.v2i3.5635

Abstract

The Definitive Plan for Subsidized Fertilizer Needs (RDKK) is the first base for the formulation of subsidized fertilizer needs at the farmer group level. The fact that the planning and distribution of subsidized fertilizers up to the farmer level still contains serious problems and raises corruption-prone work areas. This journal aims to identify and explain the instructions as a means of proof and decision in the examination of the crime of corruption Subsidized fertilizer. The method used in this paper is descriptive qualitative approach with a normative Juridical. This study Refers to the corruption case Number 45/Pid.Sus-TPK / 2016 / PN SMG. In general, the narrative of the case contains the Defendants in the crime of corruption Subsidized fertilizer, who were charged with the primary indictment Article 2 paragraph (1) in conjunction with Article 18 of Act Number 31 of 1999 as Amended by Act Number 20 of 2001 in conjunction with Article 55 paragraph (1) 1 of the Criminal Code. The guideline is used as a means of proving and examining cases of Subsidized fertilizer corruption cases having a scheme: (1) Compiling sources of evidence in the form of witness Testimonies, letters and statements of the defendant (2) Interpreting the cues in the guidelines through the explanation of legislation related to the context of corruption, the view of legal experts, jurisprudence in the same case and (3) The panel of judges decides the case in accordance with the facts of investigation and trial so that the judge makes a decision of legal force,Keywords: Instructions; Evidence; Corruption
Application of Law Information and Electronic Transactions in Crime Investigation of Online Gambling Farris Nur Sanjaya
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.v1i2.3328

Abstract

Internet in Indonesia has an important influence on the shape of society. All of lifestyle conveniences provided, of course, continue to provide a negative influence on the life of the nation. Crime using the internet is also increasing, one of the crime of online gambling. So that the police in order to conduct an investigation into the crime of online gambling, using the Law of the Republic of Indonesia Number 11 Of 2008 on Information and Electronic Transactions (Act of ITE). With the provision regulating digital evidence and electronical proof in Act of ITE, it would be easier for the police in evidence and law enforcement against the perpetrators of the crime of online gambling.Keywords: Act of ITE, Investigations, Online gambling.
Sexual Harassment Criminal Law Policy In Criminal Law Revision Of Indonesian Munawwarah Munawwarah; Eko Soponyono
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.v2i3.5674

Abstract

Sexual harassment is behavior that approaches related to unwanted sex, including the demand for sex, and other behaviors being verbally or physically refer to sex. In studies using the theory of criminal law policy, legal certainty and legal policy research law enforcement. The result of goal against sexual offenders stipulated in the Penal Code and the Child Protection Act and women and Pornography Law issued regulations while for the area of Semarang District, is regulated by Regional Semarang District Number 1 of 2015 About the Empowerment and Protection of Women. In addition to the regulation, Semarang District Government also set about the task area devices pertaining to the protection of women and children namely Semarang Regent Regulation Number 52 Of 2016 on Positions, Organizational Structure, Duties and Functions, Work Procedures, and details of the regional Task Semarang regency. The weakness of criminal law policy against sexual harassment at this time that the recognition of the victim and the offender only from one specific sex which affects the exclusion of rape victims of the other sex, and the absence of an exact definition of sexual abuse, rape or sexual abuse, so that the diversity of cases of sexual violence understood as rape. In any law enforcement agencies have set up special treatment for sexual violence against women, whereas there is nothing available in the case of victims of sexual violence for men, this can lead to many sexual deviations that occur. Criminal law policy against sexual harassment in the reform of criminal law in Indonesia through the Bill the Code of Penal (Criminal Code draft) 2019, In these terms, rape is not just intercourse with a woman outside of marriage against the will of the woman, but rather expanded, including male insert his penis into the anus or mouth of a woman. Description of rape also in view of not just as sexual but also as a life-threatening crime, and in the abovementioned article does not describe the victim or the perpetrator of a particular gender.Key words: Policies; Criminal Law; Sexual Harassment.
Effectiveness of Death Penalty Against Crime of Abuse of Narcotics Agents or Statutory RI Number 35 of 2009 Concerning Narcotics Law as Viewed From The Principles of Justice And Humanity Yuke Sinayangsih; Umar Ma'ruf
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.v1i3.3350

Abstract

In the process of law enforcement, the public prosecutor in demanding and Judge deciding cases narcotic crime in particular is not arbitrary impose the death penalty. Death penalty if that is the legal facts in the examination in the court proceedings indicates decent offender sentenced to death, for example: consideration of the type categorized as narcotics or weight considerations of narcotics to be sold or distributed. Narcotics law enforcement has become a concern for legislators us and see the impact of drug abuse. No doubt the legislators also provides severe criminal purpose that is the death penalty in order to provide a deterrent effect for the offender dealers or drug dealers. Although the death penalty is still ongoing and has not been abolished in Indonesia, people differ in responding as the number of countries that abolished the death penalty. On the one hand, there are groups of people expressed support that the death penalty is still needed in Indonesia moreover legally still recognized. Meanwhile, on the other hand there are groups of people who want the death penalty abolished. They argue that the provisions which apply the death penalty in Indonesia is not in accordance with the basic principles of the fundamentals of this country, namely 1945.Keywords: Criminal Die; Abuse Of Narcotics; Principle Of Justice And Humanityity
Law Enforcement Of Giving Restitution For Victims Of Trafficking In The State Court Of Central Jakarta Roswati Dewi; Sri Endah Wahyuningsih; Umar Ma'ruf
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.v2i4.8363

Abstract

This study aimed to analyze and assess: 1) Law Enforcement of Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction; 2) obstacles and barriers in the Restitution Administration of the Victim of Crime Against Trafficking in West Java Police Jurisdiction; and 3) How to overcome the obstacles in Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction.This research use sociological juridical approach to the specification of the research is descriptive analysis. Data sources include primary data and secondary data. Methods of data collection using interviews and documentation study. Methods of data analysis in this thesis using qualitative descriptiveThe study concluded that not every Victims of Crime of Trafficking Got Giving Restitution. Obstacles Giving Victims Restitution against Crime of Trafficking affected by the dominant legal factors and the influence of other factors. UUPTPPO an attempt by the State to TPPO, but construction is still weak, law making it difficult for victims obtain restitution, so it needs to be revised. It is recommended that UUPTTPO revised or reconstructed, so UUPTPPO for more providing legal protection for victims of TPPO to establish in the regulations (laws) that the State through the investigating police and / or prosecutor (JPU) who shall seek fulfillment TPPO restitution by offenders to victims TPPO, that is the nation participation for the society.Keywords: Law Enforcement; Restitution; Victims; Crime; Trafficking.
Grant Code Sanctions of Polri Members Who Have Disconnected The Court Binding Drug Abuse (Case Study Polres Cirebon) Joseph Diko Reinol Panjaitan
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.v1i3.3397

Abstract

This study aims to identify and understand the sanctions in the Code of Conduct Police officers and efforts to the implementation of sanctions against Alleged offenders alleged to have violated the code of Professional Ethics of Police, in the form of deeds has committed the crime of Abuse of Narcotics kind Sabu-shabu and cases criminal has received the Decision of the Court Of Sumber country, with an excerpt of Decision No. 394 / Pid.Sus / 2017 / PN.Sbr. October 19, 2017, which states the defendant initials S, proven legally and convincingly guilty of committing the crime of abuse of Narcotics Group I For Yourself and sentenced to imprisonment for six (6) months. This research was conducted in Cirebon. To the authors conducted a study with the title "Provision of the Code sanctions Police Members Who Have Strength Disconnect Law Courts Stay In Drug Abuse". If a member of the National Police of an offense or crime, the police members will litigants and undergo a criminal justice process for members of the Indonesian National Police is generally done according to the law applicable in the general court.Keywords: Police; Narcotics; Police Professional Code of Conduct of Police.
Crime Investigation of Trade of The Human Body Organs on Criminal Investigation Police (Case Study Police Report Number: LP / 43 / I / 2016 / Bareskrim dated 13 January 2016) Yeremias Tony Putrawan; Jawade Hafidz; Aryani Witasari
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.v2i4.8442

Abstract

The purpose of this research know and analyze doubt enforcing the investigation of criminal trafficking of human organs carried out by the Criminal Investigation Police, to determine the factors that affect the implementation of the investigation of criminal trafficking of human organs carried out by the Criminal Investigation Police, to know the efforts the police in tackling the trade in human organs and factors inhibiting the Police in tackling trafficking in human organs.The method used is the method of normative and juridical sociologic, the specifications in the study was a descriptive analytical methods of population and sampling are all objects or all of the symptoms or the entire event or the entire unit to be studied, data collection techniques using literature study and interviews, data analysis is qualitative.Result: Implementation of the investigation of criminal trafficking of human organs in accordance with the Regulation no. 14 Of 2012 on Management Investigations. In the process, the investigator did not experience any problems in the arrest of the perpetrators, because in the process of investigation the investigator obtain complete information from the victim as well as by using techniques evident triangle obtained further evidence used to ensnare offenders. The factors that affect the implementation of the criminal investigation of organ trafficking the human body that carried out by the Police Criminal Investigation divided into two: a supporting factor comes from: the power of law enforcement officers who have sufficient personnel and high professionalism, Police efforts to combat trafficking in organs, namely prevention, eradication and prevention of the crime of trafficking of human organs by running strategy repressive functions, namely in the form of punishment with the most severe penalties. Factors inhibiting factor is the legal, law enforcement, means infrastructures, society and cultureKey words: Investigation; Crime; Trafficking; Human Organs.
Doctrinal Analysis of Effects on Second Marriage Conducted by The Fake Documents (Case Study Court Decision No 67 / Pid.B / 2018 / PN.Kds) Bayu Enggar Pramono; Akhmad Khisni
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.v1i4.3927

Abstract

The goal which achieved in this research is to know the legal consequences against criminal acts, what factors that affect crime, legal considerations the judge in meting out criminal sanctions against the perpetrators of criminal acts do a second marriage that is done on the basis of false documents (Case Study Court Decision No. 67/Pid. B/2018/PN. Kds).This research is the legal research which using Empirical Juridical approach or also called as the Juridical Sociological. According to this study, the level specified as descriptive research analytical. Data collection can be done using primary and secondary sources. Methods of data analysis used in this study is a qualitative analysis.The results of this research that is due to laws against the crime of second marriage dropping the criminal to the defendant therefore with imprisonment for 6 (six) months of the factors that influence crime who do the second marriage with the fake document. First, not given the permission of the first wife. Second, a conflict in the family. Third, still the presence of the community who do marry. Legal consideration of judges in meting out criminal sanctions against the perpetrators of the crime do the second marriage was appropriate i.e. with satisfy all the elements of the claim i.e. claims sole Article 279 paragraph 1 to 1 of the KUHP.Keyword: A Criminal Offence; The Marriage; The Judge's Consideration
Implementation Of Fully Required Elements In The Crime Of Planning Murder (Case Study In Blora State Court) Beno Beno; Gunarto Gunarto; Sri Kusriyah Kusriyah
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.v3i1.8404

Abstract

In principle, ordinary killings are different from premeditated killings, in terms of actions that kill the lives of others, but some are carried out in a timeframe, structured and planned. In this research, the formulation of the problem formed is how is the implementation of the requirements for the fulfillment of elements in criminal acts of premeditated murder? And what are the obstacles in deciding the case of premeditated murder in the Blora State Court In the research carried out, the writing uses a sociological juridical approach, that is research that uses the method of approach to the problem by looking at the norms or laws that apply and see the implementation of the facts contained in the field. The results of the study as an answer to the formulation of the problem are (1) The element with the first plan is not a form of deliberate but in the form of how to form intentions / Opzet which has 3 conditions namely the Opzet was formed after being planned in advance, after people planned (Opzet) in advance, and planning the implementation of the "Opzet" requires a rather long period of time. (2) The obstacles of the judge in prosecuting the perpetrators of the crime of planned murder come from internal and external factors.Keywords: Fulfilled Requirements; Elements of Criminal Acts; Planned Murder.
Application in Lieu of Money Penalty to Corruption Actors Based on Act No. 31 of 1999 jo. Act No. 20 of 2001 on Combating Crime of Corruption Joko Hermawan Sulistyo; Jawade Hafidz
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.v1i4.4142

Abstract

Corruption resulted in losses to the state, resulting in the combating creation also sought refund of the state financial losses. Imprisonment and fined, have not been able to restore the country's financial losses due to corruption, and have not been able to take money from the corruption of the perpetrators, so it needs an additional form of criminal punishment imposed for compensation. Compensation will be imposed by the judge, as much as possible the amount equal to the property magnified by of corruption. Convicts are given a grace period of one month already se-binding court decision to pay it off. If within this period has ended, then the prosecutor as an executor of the state may seize and auction off property of the accused. However, in criminal application for compensation, there are still obstacles, among which is the difficulty to trace the perpetrators of corruption money and annihilate, use / divert money of corruption in other forms. Efforts to do is to foreclosure and auction of property belonging to criminal and his heirs, ruling subsidiary imprisonment, as well as a civil lawsuit and financial administration.Keywords: Crime; Money Substitutes; and Corruption.

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