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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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The Limit Of Age Of Marriage Is Related To The Certification Of Marriage (Study Of Early Marriage Reality In Jepara Regency) Samsul Arifin; Akhmad Khisni; Munsharif Abdul Chalim
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 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.v3i2.10084

Abstract

The purpose of this study is to find out the background of the Marriage Worth certificate policy, the reality of early marriage and its impact in Jepara Regency and the Marriage Worth Certificate as an effort to reduce early marriage. The approach in this research is sociology juridical. Data collection methods in this study consisted of primary data obtained directly from the parties concerned. Secondary data consists of Primary legal materials and secondary legal materials namely materials that provide primary legal explanations. As an explanation, tertiary legal materials are given.From this study it can be concluded that the background to the emergence of a Marriage Certificate policy is that divorce rates are increasing, women's reproductive health is problematic, the number of stunting children is caused by teenage mothers and increased domestic violence. Reality the number of early marriages in Jepara Regency increased significantly in 2019 3.16% for men and 3.45% for women. From 9041 marital events dominated by the North Jepara region. The reason is also the local cultural factors that are influenced by the social system and the tradition of young marriage which is inherited in the family. While the impact of making children drop out of school, loss of reproductive rights of children due to having to get pregnant and give birth at a young age, the number of LBW that can lead to the stunting of the Marriage Right Certificate Policy as an effort to prevent early marriage, is very welcomed by various parties and religious leaders as marriage requirements for Catholicism and Hindu. In order to increase family fortune and become a sakinah, mawaddah and rahmah (mercy family).Keywords: Marriage Age Limit; Marriage Certificate; Early Marriage.
Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal Sisno Pujinoto; Anis Mashdurohatun; Achmad Sulchan
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 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.v3i2.10085

Abstract

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.
Fulfillment Of Restitution Rights In The Level Of Investigation In The Semarang Big City Resort Police In Beating Criminal Case Aris Sophian; Umar Ma'ruf; Aryani Witasari
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 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.v3i2.10095

Abstract

The purpose of this study was to determine and analyze the granting of restitution rights in the handling of beatings, the implementation of restitution rights in the handling of beatings in the Semarang Big City Resort Police Department, as well as the obstacles faced and solutions in granting restitution rights in the handling of beatings in the Semarang Big City Resort Police.This study uses empirical juridical research methods, with descriptive analytical research specifications, the data used in this study are secondary data, obtained through literature studies and primary data obtained through field research which are then analyzed qualitatively using the theory of legal certainty, theory of law enforcement .The results of this study are: (1). The implementation of restitution rights at the level of investigation in the handling of beatings in the Semarang Big City Resort Police Department. Efforts to grant restitution rights at the investigation level should investigators choose and sort out which cases can be given restitution rights at the investigation level so that victims of criminal offenses receive compensation accordingly with what has been suffered by the victims of the crime and the case can be completed in the level of investigation with peace between the victim and the suspect. (2). Obstacles and solutions in granting restitution rights in the handling of beatings at the level of investigation in the Semarang Big City Resort Police Department,Keywords: Restitution Rights; Beating Crime; Semarang Big City Resort Police.
Law Enforcement Against Policies Who Breached The Code Of Conduct Alvi Syahri
Jurnal Daulat Hukum Vol 3, No 3 (2020): September 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.v3i3.11238

Abstract

The purpose of this research to find out and analyze law enforcement against police officers who violate the code of ethics in carrying out their duties at Central Java Police, obstacles and solving obstacles. This study uses a sociological juridical approach with descriptive analysis research specifications. The data used are primary data and secondary data obtained through interviews and literature study. The data analysis method used is qualitative analysis. Furthermore, based on the research results it can be concluded: Law enforcement against police officers who violate the code of ethics in carrying out their duties at the Central Java Regional Police refers to Act No. 2 of 2002 concerning the Police, Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning Disciplinary Regulations for Members of the National Police and Regulation of the Chief of Police No. Pol. 14 of 2011 concerning the Professional Code of Ethics for the State Police of the Republic of Indonesia. Several factors that hinder law enforcement against unscrupulous police officers who violate the code of ethics are divided into internal factors: Leaders who have not fully paid attention to the implementation of disciplinary law enforcement duties for Polri members, level of discipline, awareness and compliance of Polri members with binding disciplinary regulations and applies to him is still relatively low so that disciplinary violations keep happening, Polri's disciplinary law enforcement often appears to lack transparency. External factors: Lack of public awareness in conducting supervision and complaints when there are people who violate them.Keywords: Law Enforcement; Police Officers; Offenses; Code of Ethics.
Community Policing Strategy (Polmas) In The Implementation Of Bhabinkamtibmas Tasks As A Radical Detection Basis Surajab Surajab
Jurnal Daulat Hukum Vol 3, No 3 (2020): September 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.v3i3.11245

Abstract

The implementation of the Community Policing Strategy (POLMAS) in the implementation of BhabinKamtibmas duties as the basis for the detection of radical understanding, is very important in creating social security. This study aims to analyze the Polmas Strategy in the implementation of BhabinKamtibmas duties as the basis for the detection of radical understanding, potential constraints and problems related to the implementation of the Polmas Strategy in implementing the duties of BhabinKamtibmas as the basis for the detection of radical understanding. The method used in this research is normative legal research. Sources and data types use primary data and secondary data. The data collection method was done through literature study, while the data analysis method used qualitative analysis. The results showed that the implementation of the Community Police Strategy in the implementation of BhabinKamtibmas duties as the basis for the detection of radical ideology, namely BhabinKamtibmas carrying out door-to-door visits to all areas of its assignment, carrying out and assisting problem solving, organizing and securing activities the public, receive information about the occurrence of non-crime, provide guidance and guidance to the public or the community regarding issues of social security and police services. The obstacles faced are the developing police culture, young police officers, the idiom that police officers on the streets are better than police officers who work behind the desk, the accountability of the police in response to complaints and the dynamics that occur in society, limited human resources, welfare of police officers, 2 police car patrols, accountability command, structural rewards, community satisfaction with police performance, failure to integrate Police work with criminal detection. The problems faced are the public's negative perception of the police, low public awareness of environmental security, sociological diversity of society, ambiguity in people's attitudes, facilities and infrastructure.Keywords: Community Policing; Community Security; Radical Understanding.
Investigation Of The Crime Of Embezzlement In Property Oliestha Ageng Wicaksana; Umar Ma'ruf
Jurnal Daulat Hukum Vol 3, No 3 (2020): September 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.v3i3.11246

Abstract

The purpose of this research to find out and analyze the process of investigating criminal acts of embezzlement in positions in the Ciamis Police jurisdiction, obstacles in the process of investigating criminal acts of embezzlement in positions in the Ciamis Police jurisdiction, and analyzing solutions in overcoming obstacles in the process of investigating criminal acts of embezzlement in positions in the region the law of the Ciamis PoliceThis study uses an empirical juridical approach with descriptive analysis research specifications. The data used are primary data and secondary data obtained through interviews and literature study. The data analysis method used was qualitative analysis. Furthermore, based on the results of the research, it can be concluded: Investigations on suspects of embezzlement in positions in the Ciamis Police jurisdiction with Police Report case Number: LP / 74 / B / III / 2019 / JBR / SPKT Res Ciamis, March 30, 2019 on behalf of the reporter OHT Bin JA, namely as follows: Crime Scene Examination, Investigation, Preparation of Minutes, Examination of evidence: Search, confiscation, Expert statements, arrest or detention and examination of suspects, Resume and submission of files Obstacles: not everyone knows, hearing of a criminal act of embezzlement who wants to report to the legal apparatus (police), there is collusion of a neat series of cooperation from top to bottom in the criminal act of embezzlement in a position so that it is difficult to find and because of the shrewdness of the accused or the embezzler in the position itself, the cleverness of the perpetrator criminal embezzlement in a position to cover up his crimes, especially with the advancement of technology today. Solutions in overcoming obstacles in the process of investigating criminal acts of embezzlement in positions within the jurisdiction of the Ciamis Police: Investigators must provide a sense of security if there are people who know of criminal acts of embezzlement in their positions in the jurisdiction of the Ciamis Police.Keywords: Investigation; Crime; Embezzlement.
The Implementation Of Duties & Functions Of Immigration Office In Granting Statement Permits Of Foreign Citizens Septarina Nur Handayani; Sri Endah Wahyuningsih
Jurnal Daulat Hukum Vol 3, No 3 (2020): September 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.v3i3.11249

Abstract

This study aims to determine the duties and functions of the Immigration Office in granting residence permits for foreign citizens, enforcing immigration laws against violations of residence permits for foreign nationals and knowing the obstacles and efforts made by the Immigration Office in granting residence permits for foreign citizens.This research uses an approach method Normative juridical which refers to the applicable laws and regulations by examining secondary data against the principle of immigration law, namely Act No. 6 of 2011 as well as case studies at the immigration office.Based on the research results, it can be concluded that the implementation of granting residence permits for foreign nationals at the Immigration Office is in accordance with the provisions stipulated in Act No.6 of 2011 concerning Immigration and related regulations as the executor. For foreign citizens who do not obey the rules, the Immigration Office can enforce the law to create state security and discipline. The obstacles faced are limited human resources, limited infrastructure, communication and administration. Efforts to overcome obstacles include: multiple assignments, procurement of generators, bringing in interpreters according to language, providing assurance of the issue of residence permits.        Keywords: Immigration; Foreign Citizens; Residence Permit; Security and Discipline.
The Role of Regional / City Governments in Developing and Supervising Of Village Regulation Adhe Ismail Ananda; Sri Kusriyah
Jurnal Daulat Hukum Vol 3, No 3 (2020): September 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.v3i3.11267

Abstract

The research objective was to identify and analyze the role of district / city government in the guidance and supervision of village regulations. This research method is a normative-empirical approach, by examining Laws and regulations related to the role of district / city local governments in fostering and supervising village regulations with their implementation. The conclusions from the results of this study indicate that in the formation of a Village Regulation, the role of district / city Regional Government is regulated in Article 115 of Act No. 6 of 2014 concerning Villages, one of which is to provide guidelines for drafting village regulations and village head regulations. The technical guidelines for the preparation of village regulations in Kolaka district are regulated in Perda No. 4 of 2009 in its implementation the technical guidelines are still very difficult to adjust to the current conditions due to the issuance of the Law of Permendagri No. 6 of 2014 concerning the Village.Keywords: Coaching; Supervision; Regional Government; Village Regulations; Regent Regulation.
The Problems of Investigating Crime in Subsidized Fuel Oil Type Bio Solar Bibit Aris Yuliyanto
Jurnal Daulat Hukum Vol 3, No 3 (2020): September 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.v3i3.11281

Abstract

. This study aims to analyze the role of investigators in handling crimes in the Oil and Gas / Subsidized Fuel Sector, especially the Bio-Solar Type in the Legal Area of the Central Java Regional Police and the obstacles faced and their solutions.The method used by researchers is a sociological juridical legal approach and the specifications in this study include descriptive analytical. Primary data were obtained from field studies interviews with investigators in the jurisdiction of the Central Java Regional Police.Based on the results of the study, it is concluded that the role of investigators in handling crimes in the Oil and Gas / Subsidized Fuel Sector, especially the Bio-Solar Type, is that they have carried out their duties in accordance with applicable regulations, from conducting investigations and investigations. Obstacles in Law Enforcement of the Crime of Misuse of Subsidized Fuel Type of Solar in the Central Java Regional Police, namely: a) lack of quality human resources; b) Lack of Facilities and Infrastructure; c) Difficulty in uncovering evidence; d) The amount of budget required in the Evidence Process. The solution is a) Organizing special learning activities for the Police; b) Fostering harmonious and kinship with the community, c) Forming a special team to spy on a place that is often used as a place for individuals who use subsidized fuel to buy diesel fuel.Keywords: Investigator, investigation, Crime, Fuel Oil.
The Legal Analysis of Signature Forgestion Handling Process in Land Selling by PPAT Siti Mutmainah; Hepy Hapsari
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.v3i4.12892

Abstract

The problems in this research, first: how Legal Analysis of the Process of Handling Signature Falsification in the Sale and Purchase of Land Conducted by PPAT in Semarang City (Live Study Case No. 505/Pdt.G/2020/Pn.Smg)? Second, what is the legal consequence of the Minuta Akta which is falsified by a notary? This research is a normative study. The results of the study conclude, first: the implications for the notary position can be categorized into four (4) aspects, namely, i) implications for deed engagement, ii) aspects of administrative positions; iii), Professional Aspects of Membership; vi), the criminal aspect. Second, the legal consequence of the Minuta deed which is falsified by the notary is that the deed only has the power of proof as an underhand deed, if the parties can prove the untruth of the authentic deed in court proceedings and result in the deed being canceled and the power of proof as the deed below hands will no longer apply.The problems in this research, first: how Legal Analysis of the Process of Handling Signature Falsification in the Sale and Purchase of Land Conducted by PPAT in Semarang City (Live Study Case No. 505/Pdt.G/2020/Pn.Smg)? Second, what is the legal consequence of the Minuta Akta which is falsified by a notary? This research is a normative study. The results of the study conclude, first: the implications for the notary position can be categorized into four (4) aspects, namely, i) implications for deed engagement, ii) aspects of administrative positions; iii), Professional Aspects of Membership; vi), the criminal aspect. Second, the legal consequence of the Minuta deed which is falsified by the notary is that the deed only has the power of proof as an underhand deed, if the parties can prove the untruth of the authentic deed in court proceedings and result in the deed being canceled and the power of proof as the deed below hands will no longer apply.

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