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INDONESIA
Jurnal Daulat Hukum
ISSN : 2614560X     EISSN : 2614560X     DOI : 10.30659
Core Subject : Social,
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 40 Documents
Search results for , issue "Vol 1, No 3 (2018): September 2018" : 40 Documents clear
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
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.
Police Role In The Process Of Penal Mediation Agus Triatmoko; Anis Mashdurohatun
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.v1i3.3345

Abstract

Penal mediation settlement of criminal cases into the shape desired by the people involved in the dispute or disputes between community members. This is caused because the penal mediation there is no one party that defeated or won, so hopefully after the settlement with this penal mediation model disputing community members can live in peace side by side back to normal. This study raises the issue. What is the role of the police in the process penal mediation? This study belongs to the species normative legal research. Technic collecting data used is the study of literature. Descriptive analysis method. The results showed that that the implementation of the Police has the authority to conduct penal mediation by Act No. 2 of 2002 on the Indonesian National Police. One form of penal mediation by the police that the decision to terminate the criminal case after the settlement reached through negotiation involving mainly the victims and perpetrators, as well as religious leaders, community leaders and local government representatives.Keyword: Police, Penal Mediation, Criminal Case.
Implementation of Online Prostitution Crime Investigation in Polres Cirebon City Jurisdictions Arif Zaenal Abidin
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.v1i3.3383

Abstract

Online prostitution is prostitution or activities that make a person as an object to be traded through electronic or online media, the media used, such as Whatsapp and other applications. In other words, here the people those who are responsible to be able to respect the norms and values embodied in the lives of people for cases of online prostitution can destroy the future of the nation in case they were found with offenders who are still teenagers and the lack of regulation of traction. Regulations invitation to entrap prostitutes. In this research, the author uses socio-juridical namely the review of secondary data in the form of legislation, as well as the outcome of legal scholars, such as books related to the subject matter to then proceed with research on primary data (obtained directly from the respondents). From the research problem, there are two things that can be inferred. Law enforcement against criminal acts of online prostitution in Polres Cirebon City Jurisdictions has been running and has conducted a series of investigative actions and investigations to unravel the cases of online prostitution. From the results of investigations conducted by the Police Cirebon Resort know that the perpetrators of online prostitution utilize Whatsapp. Building partnerships with the wider community partnerships in the wider community to help hack into your account - an account associated with seller of “young women” through online media. Suggestions in this research are; The first law enforcement against criminal acts of online prostitution by Polres Cirebon should be more intensive and thorough, because online prostitution is spreading very fast and the activities or transactions done through electronic media that police had difficulty in finding evidence and the investigation process difficult. Secondly, the hope that more people concerned about this online prostitution activities to facilitate the Polres Cirebon in overcoming it.Keywords: Law Enforcement; Criminal Act; Online Prostitution.
Inspection Process of Notary as Witnesses and Suspects in The Case of Crime Adad Adad; Widayati Widayati
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.v1i3.3410

Abstract

The existence of the Notary institution based on the needs of the community in making authentic act as a binding evidence. Notary role in serving the public interest is providing services in deed and other tasks that require the services of a Notary. Deed issued by Notary ensuring legal certainty for the public. Notaries have a role as well in running the legal profession can not be separated from the fundamental issues relating to the functions and role of the law itself. The authority Notary as stated in Article 15 UUJN is made the authentic act on all deeds, agreements, and provisions required by legislation and / or desired by an interested party, to be stated in an authentic deed, guaranteeing the creation date of the deed, saving certificates, provide a copy, and official copies, all along the deed is not assigned or excluded to officials or other persons specified by law. Notaries also authorized to certify the signatures and set a firm date of a letter under the hand by enrolling in a special book (legalization). Besides qualify predetermined law in order for a certificate to be authentic, a Notary in his duties shall carry out their duties with discipline, professional and moral integrity should not be in doubt. What is stated in the beginning and end of the deed is the responsibility of the notary is a phrase that reflects the true situation at the time of a deed. As stated in Article 65 UUJN: "Notary, Substitute Notary, Special Substitute Notary, and Acting Notary responsible for any deed that is made despite the Protocol Notary has been assigned or transferred to the storage Notary Protocol.Keywords: Inspection Process; Notary; Witnesses.
Crime Investigation on Theft by eighting with The Modus Of Prying Automated Teller Machine (ATM) in Jurisdiction Area of Central Java Mohamad Rofiqi; Anis Mashdurohatun
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.v1i3.3357

Abstract

This study aims to: 1) Review and analyze the implementation of the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java. 2) Assess and analyze the factors that hinder the investigation related to solve investigator in the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java. 3) Assess and analyze the efforts of investigators linked the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java? Results: 1). The process of investigations conducted by the Central Java Police in solving criminal cases of theft through Automated Teller Machine (ATM) with prying mode in accordance with the rules contained in the Criminal Procedure Code and the Law on Police No. 2 of 2002. 2). Based on the description of the Central Java Police investigators, the obstacles faced by the team of investigators of Central Java Police, among others: a. Evidence is hidden and difficult for investigators to look suspect. b. The suspect managed to flee with his colleagues by car, so investigators have to chase. c. In providing information with convoluted.3) Relatedwith efforts to overcome obstacles investigator in a criminal law enforcement ATM theft with prying mode is as follows: a. In search of evidence of the crime of investigators need to conduct more intensive searches of suspects. b. Coordinating with other entities by way of exchange of information / Data notify each DPO (List of People Searching) and when in the area to find people who sought immediately apprise and made arrests. c. Providing information (by extension agents) to the public to participate actively in supporting the work of police in the investigation of the theft through ATM.Keywords: Investigation; Crime of Theft By Weighting; Prying Automated Teller Machine (ATM).
Legal Protection of The Rights of The Child Conflict with The Law in Criminal System in Indonesia Titin Prialianti
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.v1i3.3403

Abstract

Kids are the future generation, since the past becomes a fact not in dispute. However, children and life does not always experience the world like a child's journey. Child and his life is a hope and a future generation that will bring Indonesia into a more dignified nation, because from an early age the child is equipped with moral education, religious, and cultural attitudes Indonesia known friendly and have a high tolerance. But in reality the child's life is not always straight and provide the ultimate comfort of the child's world. The fact is not little children who should have cute and adorable behavior actually stuck on adult human life is not worth living children. Children who entered into a legal conflict issues requires more attention to find a way out, a solution and not reckless handling so as not to negatively impact children. Revision to Act No. 3 of 1997 on Juvenile Justice into Act No. 11 of 2012, concerning child Criminal Court System, provides a decent enough room for children coming into conflict of laws. Quite feasible because in the Act No. 11 of 2012 which contains 108 Article, more humane in the treatment of children coming into conflict of laws.                Keywords: Legal Protection, Rights of the Child in 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.
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.
Effect of Pattern Formation of Prisoners in The Correctional Institutions of Recidive (Case Study in Class II B Correctional Institution of Majalengka) Agus Yuliana Indra
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.v1i3.3346

Abstract

To implement the penal system for prisoners needed community participation both during development and acceptance of returned prisoners who have completed their criminal past. Commitments on at least can be a positive contribution to the process of coaching inmates who in turn can minimize the repetition of criminal acts. Connecting to the problems above who want revealed in this research is how development patterns inmates at Correctional Institution IIB of Majalengka classes and how the influence of development patterns against the repetition of crime (Recidive). The research is qualitative research in the form of descriptive analysis using sociological juridical approach. Types and sources of data used are primary data and secondary data. Data collected through the study of literature and interviews, while the juridical analysis using qualitative analysis. From the research we concluded that the pattern of development in the Penitentiary correctional IIB of Majalengka class represents the continuum of criminal law enforcement practice can not be separated from the development of general conception of the criminal prosecution. While the influence of development patterns prisoners against the repetition of criminal offenses (recidivism) on Prison Class IIB of Majalengka is still a lack of mental development also coaching skills to inmates that resulted in former inmates do not have the mental well and the skills needed to live her life outside of Prison Class IIB of Majalengka so the prisoner repeated his evil deeds.Keywords: Pattern Development, Prisoners, Recidive.

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