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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 22 Documents
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Search results for , issue "Vol 1, No 4 (2018): December 2018" : 22 Documents clear
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
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.
Implementation Of Restorative Justice Approach In Legal Protection Against Lightweight Crime By The Children Rizky Adiyanzah Wicaksono; Sri Kusriyah Kusriyah
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.v1i4.4136

Abstract

Children who were doing mischief that led to the crime, should be against the law to account for his actions. Currently, prevention and control delinquency that resulted in minor criminal offenses is done through the implementation of the juvenile justice system to a restorative justice approach. The concept of restorative justice becomes a very important consideration in resolving criminal cases committed by children. The Supreme Court has issued a Supreme Court Regulation (Perma) No. 2 of 2012 on the Limitation Adjustment light crime and the amount of penalties in the Criminal Code, which essentially stipulates that the value limit losses in tipiring (Lightweight Crime) case is a maximum of 2.5 million, and against the threat case maximum criminal penalty of three months imprisonment or fine, as well as in the settlement tipiring must promote Restorative Justice. Child settlement, which is directed to resolving informally or out of court, with the involvement of all parties involved in the criminal act has occurred. Minor criminal offenses committed by children under the Act No. 11 of 2012 carried through the diversion mechanism by way of mediation or deliberation.Keywords: Restorative Justice; Lightweight Crime; Children.
Law Enforcement Against Handling Traffic Accidents Through Non Line Under Penal of Legal Culture of Indonesian Police in Kudus Ngatmin Ngatmin; Umar Ma’ruf
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.v1i4.3991

Abstract

The Police of the Republic of Indonesia (POLRI) is a tool that contributes to maintaining state security and public order. The purpose of this research: knowing and analyzing the traffic accident set in the current positive criminal law further handling traffic accidents and then through non penal later barriers and settlement solutions handling traffic accidents then then through non penal.This research is legal using empirical juridical approach or commonly referred to as the Juridical Sociological. According to his level, the study was specified as descriptive analytical research.The results of this study are (1) In the conduct of law enforcement against traffic criminal offenses remain consistent with the provisions of the Criminal Code and Act No. 22 Of 2009 regarding Traffic and Road Transportation. (2) Allowing involved to make peace (3) Barriers handling track non penal offenders and victims and their families do not support the settlement outside the court, the solutions do is keep highlighting persuasive conclusion in this research that law enforcement against criminal acts and cross remains consistent with the provisions of the Criminal Procedure Code and Act No. 22 of 2009 on Traffic and Transportation, opportunity for the parties involved to make peace. Perpetrators and victims of personal character that does not support the settlement outside the court.Keywords: Law Enforcement; Traffic Accident; Non Line Penal Of Legal Culture.
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.
Sabhara Kudus Police Unit Effort In Combating Adulterated Liquor In Kudus District Deni Dwi Noviandi; Aryani Witasari
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.v1i4.4143

Abstract

The issues of law enforcement in combating adulterated liquor in the Kudus Police Region, There are two (2) ways circulation of liquor law enforcement carried out by the Sabhara Kudus Police unit, namely preventive and repressive. As for preventive measures carried out where possible and still their awareness to obey the law. While repressive action is action taken if preventive measures are not effective, so that the people carrying out the law though involuntarily. While the police in law enforcement there are (two) action that is persuasive and repressive action which has its own purpose.Constraints faced by the Sabhara Kudus Police Unit in combating adulterated liquois related to the limited number of Members of the unit Sabhara Police at the sanctuary that is generally still not satisfactory, not maximum, and uneven steps socialization PERDA (Regional Regulation) conducted at the societal level, so far not uncommon understanding less precise with regard to the procedures or systems at the time of preparation until the determination of regulation efforts Sabhara Police Unit in combating Kudus adulterated liquor in the Kudus Police Region. Effort or attempt Sabhara Police Unit of the Kudus in minimizing the violation is by way of non-judicial and pro justicia. Non-judicial action is accomplished by providing guidance, exhort or guide in order not to repeat the mistakes that have been made that violates local laws. If this action is less provide a deterrent effect and the parties related to underestimate, then the action pro justicia, the actions of pro justicia is taken when actions coaching or non judicial considered insufficient because only given guidance only, then Sabhara Kudus Police Unit may soon crack down and will be brought to trial and be subjected to probation.Keywords: Sabhara Kudus Police Unit ;  Adulterated liquor.
Traffic Accident Analysis in Prosses Evidence in Traffic Accidents Based on Act No. 22 of 2009 Rudiana Eka Pramana Putra; 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.v1i4.4138

Abstract

Proof play an important role in the process of examination of the court, the development progress in the field of information technology and telecommunications, also developed the theories and practices of the use of evidence outside of a predetermined in the procedural law in Indonesia The problems of this study are: traffic accident analysis methods in the process of proving the traffic accident under the Act No. 22 of 2009. Obstacles and solutions in traffic accident analysis methods in the process of proving the traffic accident under the Act No. 22 of 2009.The research approach used adalan normative research. Empirical normative legal research. Data obtained from the study will be analyzed using qualitative methods of normative analysis.Based on this study, the result that the completion of a traffic accident encountered on the streets and certain times and considered as a routine activity, because over the task of administrative services in the field of vehicle or driver in addition to the public discipline road users is still very low. If there is no presence of members of the Police / Traffic Police physically there is a tendency offense by violating traffic signs. So for the purpose of realizing Kamseltibcar Kudus Resort Police and increased professionalism Police Traffic Accident Analysis required implementation by implementing the handling of traffic accident right scene.Keywords: Law Enforcement; Criminal Law Advisory; Traffic Accident Analysis Proof of Traffic Accidents.
Police Role Big City of Semarang in Vigilantism (Eigenrechting) Prevention by Society Donny Eko Listianto
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.v1i4.4006

Abstract

The violence that is rife today one of which is an act of vigilantism. Police as law enforcement officers play an important role in the response to vigilantism. Problems in this study were analyzed using role theory and the theory of criminal prevention. Semarang Polrestabes role in the response to vigilante violence committed by groups of people is to undertake pre-emptive, preventive and repressive. Preemptive effort is socialization and approach to society, while preventive measures are done by counseling or routine patrol. A repressive measure is a law enforcement efforts through a series of investigative actions until the submission of the dossier to the level of prosecution that the prosecutor's office. Internal obstacles that arise in the response to vigilante violence is the lack of personnel Satreksim, the concern experienced by police in law enforcement and the difficulty in calling witnesses. To overcome these obstacles with the addition of personnel and coordinate with the nearest police-police. The external resistance is distrust of the justice system, the spontaneous nature of the group of people who come from social pressure factors, the absence of mediator or parties who try to block such vigilante action. To overcome external obstacles to build partnerships with the community, especially the community leaders, religious leaders, youth leader, in the form of law sicialization dan another activities that can made the harmonization dan society understanding. Keywords: Prevention; Vigilantism
Determination Of The Suspect Of Decency Crime In Police Resort Kudus (Case Study in the PPA Police Kudus) Bonar Setyantono
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.v1i4.4009

Abstract

Act No. 17 of 2016 concerning Second Amendment Act No. 23 of 2002 on the Protection of Children into the law on protection of children. The Criminal Code decency criminal acts against children stipulated in the Criminal Code in Chapter XIV of Article 287, Article 289, Article 290, Article 292, Article 293, Article 294, Article 295 and Article 296 of the Criminal Code.  Sanction criminal acts of decency against Children in the Child Protection Act provided for in Article 81, 81A and 82, it is as chapter to ensnare AD bin SPT has committed the crime of DSH.Determination Mechanism Crime Suspect Actor of Decency, a complaint go to the police station, Disposition down unit further women's and children Women and Children Services Unit conducted an investigation. Investigations completed his case to determine whether the elements of a criminal offense are met, if the elements are met and the initial evidence, then the police can determine the suspect's Women and Children Unit subsequently conducted investigation against the suspect to complete the examination of the case file. Barriers or obstacles, namely victims and their families did not immediately report to the police, in providing materially incomplete, the loss of evidence and the suspect fled. Solutions to overcome obstacles or barriers that Police (Policewoman) conduct a personal approach to the victim with the intention of victims give full details, the investigators provide a special place to do the investigation, victims and their families can request legal considerations with the investigator, with the purpose of the case is not protracted and can be immediately handled.Take quick decisions to prevent criminals escaping decency.Keywords: Determination of the Suspect; Decency Criminal Acts and Children.
Handling The Juvenile Delinquency Caused by Consuming Alcohol Ali Ashadi; Amin Purnawan
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.v1i4.3932

Abstract

The problem in this research are: 1) The factors that affect juvenile delinquency caused by consuming alcohol 2) The handling of juvenile delinquency caused by consuming alcohol. The purpose of this study were 1) To identify and explainfactors that affect juvenile delinquency caused by consuming alcohol. 2) To identify and explain the handling of juvenile delinquency caused by consuming alcohol.Based on the results of the study concluded that: 1) The factors that influence the habit of drinking in teenagers is a curiosity, social environment, family environment, the influence of alcohol sales freely, and as a result of the rule of law (sanctions and fines lightweight). 2) Disaster of drinking habits in teenagers by the police is divided into two stages: a preventive and repressive. Namely preventive measures, early efforts made by the police to prevent all crimes include socialization, raid the alcohol, and Binamitra (one of strategy in police), while the repressive efforts, action to suppress and restrain delinquency or impede the onset of delinquency greater events include foreclosure, arrest, legal action.Keywords : Handling; Delinquency; Alcohol.

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