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<![CDATA[Corporate Conception in Terrorism Based on Act No. 5 Of 2018 ]]>
<![CDATA[Parikhesit Parikhesit]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4211
<![CDATA[Enforcement strategies terrorism has changed from that previously used the law enforcement strategy reactive (reactive law enforcement) to the law enforcement proactive (proactive law enforcement). Enforcement strategies are proactive expected to reach the corporate as well as those who are behind it as the founders, leaders and corporate board into the hands of the main perpetrators of criminal acts of terrorism.The purpose of writing is to know the conception of the corporation in criminal acts of terrorism and how the system of corporate criminal liability in criminal acts of terrorism under the Act No. 5 of 2018.Act No. 5 of 2018 recognize the corporation as a subject or as a criminal. While the forms of criminal acts committed by a corporation is the criminal acts committed by individuals. Thus the corporation can be said to be committing a crime as stipulated in the formulation of a criminal offense if the offense is committed by people on the basis of employment, or other relation, either individually or jointly, acting for and on behalf of the corporation in and outside the corporate environment.The setting is the principal criminal fines against corporations show that the conception of the corporation in criminal acts of terrorism under the Act No. 5 of 2018 is the third model is the corporation as a maker as well as corporate responsibility.Keywords: Corporate; Accountability; Terrorism.]]>
<![CDATA[Criminalization Analysis Of Gambling Crime In The District Court Of The Kudus And Policies That Will Come In Penal Code Reformation ]]>
<![CDATA[Jajang Supriyatna]]>;
<![CDATA[Sri Endah Wahyuningish]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4206
<![CDATA[The problem in this research are: 1) Criminal prosecution against perpetrators of the Gambling Crime in the Kudus District Court. 2) Analysis of the results verdict against Gambling Crime lawsuit in the District Court of the Kudus. 3) Policy gambling a criminal offense in the Criminal Code reforms to come.Based on the results of the study concluded that: the base of the sentencing process is any act, error, and criminal prosecution. The average charges for the Gambling Crime in the District Court of the Kudus is six (6) months to 1 (one) year, but the result of a prosecution is not equal to the verdict, the general judge handed down the verdict for the Gambling Crime in the District Court of the Kudus average four (4) months to seven (7) months. Viewed from the demands of the course judges are many considerations to decide a case because the trial judges take into consideration the facts and evidence which can relieve the perpetrator gambling. That the main task of a judge is not necessarily just dropped punishment to the offender only. But also think about the consequences of sentencing, as well as considering the impact effect of what will happen later after the imposition of the witness. Creating new regulations on the prohibition of local governments to grant licenses to interested parties regarding the organization of gambling regulations, although in article 303 refer to legalize gambling if there is permission from the competent government in accordance with the PPRI No.9 of 1981. Diction abolish multiple interpretations contained in Article 303 and 303 bus or in the Bill of Article 505 where about peberian permits authorized officials in acts legalize gambling. Make one article where criminal gambling is not only subject to imprisonment and a fine of course, but also deprived of their rights in the professionalism if the perpetrator of a criminal who works with the enhancement.Keywords: Punishment; Crime Actors; Gambling; Policy; Reform.]]>
<![CDATA[Role Of Announcers In Action Of Criminal Actions For Circular Fake Money ]]>
<![CDATA[Ahmad Fatah]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4269
<![CDATA[How investigators determine suspects in criminal cases circulating counterfeit money in the area of Holy Police The way investigators determine suspects in criminal cases circulating counterfeit money in the jurisdiction of the Holy Police is based on fulfilling elements of criminal acts Article 245 of the Criminal Code supported by witnesses and experts and goods evidence, can be added to the confession of the suspect but not absolute.The mechanism for investigating criminal cases circulating money in the territory of the Gubug Police Station has the same operational basis as the mechanism of criminal investigations referring to the SKEP Chief of Police Number Pol: SKEP / 1205 / IX / 2000 concerning the Implementation Manual for Criminal Investigation Processes which states that investigations include: the investigation phase, the prosecution stage (summons, arrests, detention, searches, and seizures), the examination stage (examination of witnesses, experts, suspects), the stage of completing and submitting case files (making resumes, preparing case files, and submitting case files)Obstacles faced by investigators in investigating criminal cases circulating money in the jurisdiction of the Holy Police are internal barriers (limited operational funds of the police, inadequate police personnel is not balanced with the number of crime cases that must be handled, lack of supporting facilities and infrastructure such as forensic laboratories ), and external barriers (lack of community participation in assisting the police in uncovering criminal acts of circulating counterfeit money).Keywords: Investigator; Crime; Currency]]>
<![CDATA[Due To Legal Determination Of Religious Courts Demak Decision No. 09 / PDT.P / 2018 / PA DMK About Adoption Realization ]]>
<![CDATA[Rodiyah Rodiyah]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4150
<![CDATA[Society has long recognized the legal institution of adoption even before the time of the Prophet society has implemented a system of adoption with the motivation or a different purpose, among others, to continue the descent, carry on business and so on. In Indonesian society not many people know about the implementation process since the adoption in court litigation adoption petition, the case investigation in the trial until the stage of determination of the judge. This study uses the approach of law (statute aproach) and approach to the case. Law approach is used to determine the overall legal regulations, especially laws governing adoption in Indonesia. Case approach aims to study the application of norms or rules of law in the determination of adoption. The results of this thesis research in the Stipulation No. 09 / Pdt.P / 2018 / PA.Dmk is the implementation of adoptions carried out aimed at the best interests of children in the welfare and protection of children and the application of law by the judge in legal considerations. As a result of the law of the designation is the association adopted child with the adoptive parents only form of legal relationship in the form of transfer of responsibility of the biological parents and not result in legal consequences inherit each other between himself and his adoptive parents are not entitled to inherit each other to each other, but the adopted child can accept the will, and vice versa.Keywords: Because of Law; Kids Appointment; Religious Courts.]]>
<![CDATA[Legal Principles Under Criminal Law in Indonesia Dan Thailand ]]>
<![CDATA[Anirut Chuasanga]]>;
<![CDATA[Ong Argo Victoria]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4218
<![CDATA[The principle of legality is known in modern criminal law emerge from the scope of sociological Enlightenment doctrine that exalts the protection of people from abuse of power. Before coming Age of Enlightenment, the power to punish even without any regulations first. At that time, tastes kekuasaanlah most right to determine whether an act to be punished or not. To combat that, exists the principle of legality which is an important instrument of the protection of individual liberties in the face of the country. Thus, what is called the action that can be put into a regulatory authority, not power. According to legal experts, the roots of the idea of the principle of legality is derived from the provisions of Article 39 of the Magna Carta (1215) in the United Kingdom which ensure the protection of people from arrest, detention, seizure, disposal, and release of a person from the protection of the law / legislation, unless there is a judicial decision legitimate. This provision is followed Habeas Corpus Act (1679) in the UK that requires someone who is arrested is checked in a short time. This idea inspired the emergence of one of the provisions in the Declaration of Independence (1776) in the United States that says, no one should be prosecuted or arrested in addition to, and because of the actions set out in, legislation.Keywords: Principle of Legality; Criminal law; Indonesia; Thailand.]]>
<![CDATA[Police Policy in Kudus Resort Reveals Crime Conducted by Biological Mother to Biological Child ]]>
<![CDATA[Tri Mulyono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4213
<![CDATA[Interest in this research are to understand policy of Kudus Police in uncovering criminal acts committed against the biological child's by biological mother. This research is empirical legal research, the research is based on analysis of law enforcement against criminal acts committed against the biological child’s by biological mother, quantitatively analyzed inhibiting factors and solutions in law enforcement against criminal acts committed against the biological child’s by biological motherPenal mediation in criminal acts of persecution carried out due to several factors, among which are both economical in terms of both cost and time, factors fostering good relations because in general the party and the victims of family relations, neighbors, and friends.The legal consequences of penal mediation in criminal acts of persecution that is if the penal mediation process is successful, the process of investigation in police Mangala stopped and will not proceed to court. Perpetrators and victims signed the act of peace. In addition, the offender must sign an agreement not to repeat the mistakes again.A dilemma that is not easy in-swatch solution. On the one hand, domestic violence remains a force, an action which caused no casualties, the state has determined that the culprit may be a criminal. On the other hand, if the perpetrator in the crime, the family will bear the shame, domestic unity is threatened, there will be a long judicial process and air-late-late. If the perpetrator is a breadwinner in the household, the family will lose the main breadwinner.Keywords: Crime; Biological Mother; Biological Children.]]>
<![CDATA[Special Measures for Crime Unit Police Resort Kudus in Law Enforcement of Infringement Currency Crime ]]>
<![CDATA[Danail Arifin]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4207
<![CDATA[This study aims to 1) special crimes unit Efforts to combat the crime of counterfeiting currency in the police resort Kudus; 2) The implementation of the inhibiting factors against the crime of counterfeiting currency in police resort Kudus; 3) The solution in overcoming barriers to enforcement against the crime of counterfeiting currency Police resort KudusThe results showed that Significantly, the circulation of counterfeit money in Kudus Regency has experienced a dramatic decline in the period 2016 to 2017. It certainly shows that the performance of the police improved and further strengthen the Police in achieving the common goal of protecting the public. Role in preventing the circulation of counterfeit money by providing guidance and counseling especially those of the general public and institutions engaged in financial cooperation with Bank Indonesia. For problems counseling time and place, it is determined from the results of the evaluation in areas that are found counterfeit money circulation. Factors hindering the implementation of the Crime Against Counterfeiting Currency Police resort Kudus Already a strong determination of the Kudus Police to combat the crime of counterfeit money in circulation to the brain from the source or the manufacturer and distributor of counterfeit money because the circulation of counterfeit money has been very disturbing society and causing huge losses for the society and the state.Keywords: Crime; Law Enforcement; Counterfeit Currency.]]>
<![CDATA[Problematics Juridis Facilitation In Regional Development Planning Process (Study of Kendal Regency Research and Development Planning Agency) ]]>
<![CDATA[Izzuddin Latif]]>;
<![CDATA[Widayati Widayati]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4270
<![CDATA[Facilitation of Development Planning is very urgent and vital as an instrument to increase effectiveness in building synergy in terms of regional development in accordance with the mandate of the law on national development planning, namely in accordance with Permendagri Number 86 of 2017. Kendal Regency Facilitation Process by the Central Java provincial government those that have been implemented well will produce legal products that are able to explain the central government's development programs and there will not be problems in the future. The problems of Regional Development Planning, which have been carried out by the Central Java provincial government, are still much sought to be in accordance with the conditions and needs and well implemented in accordance with the laws and regulations, the need for a better solution to avoid future problems ; Time problems that are less effective, and so that scheduling is done in great detail and in a short amount of time, to improve the performance and effectiveness of facilitation. Regarding the issuance of the Minutes is not quite right than the issuance of the Governor's Decree, the Javanese provincial government should be publishing the provisions of the results of facilitation that have been carried out.The Kendal Regency Government also seeks to ask the provincial government to establish a governor's decree so that it can form the basis of the legal umbrella of regional development planning, which is in accordance with the substance of the Minister of Home Affairs Regulation No. 86 of 2017, relating to the Regional Development planning process in Kendal District, which was previously in 2016 has been amended by the new regulation by referring to Permendagri regulation No. 86 of 2017, Kendal District Government seeks to ask the Governor of Central Java as the provincial government to provide facilitation that is in accordance with Kendal Regency characteristics, with reference to the effectiveness of the time given so that the bureaucracy that is built can be effective and efficient.Keywords: Facilitation, Juridical, Regional Development Planning]]>
<![CDATA[Law Enforcement Against Liquor Circulation ]]>
<![CDATA[Umi Wahyu Nurhayati]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4151
<![CDATA[The problem in this research are: enforcement of the circulation of the liquor and the constraints of the enforcement of the circulation of liquor. Based on the results of the study concluded that: The police in law enforcement there are two (2) actions that persuasive action and repression which has its own purpose. In a persuasive action the police take preventive where often do counseling, provide guidance to the public about the dangers of alcohol. And invite various parties such as RT, RW, community leaders participated sertaandil in helping oversee the circulation of alcohol in their area. Constraints experienced as an investigator in conducting criminal investigations liquor circulation happens, is as follows: 1) Internal factors. In carrying out the investigation on the crime of liquor one such constraints is the current infrastructure of the police in tackling the crime of trafficking of liquor due to the lack of laboratory criminals who facilitate the investigation, because this place is useful as a means to prove with the naked eye between liquor original or fake. Lack of socialization conducted by the police. 2) external factors. This factor is of a society, of public awareness is relatively low which affects the smoothness in investigating criminal offenses circulation of alcohol, lack of awareness of the consequences of alcohol. Keywords: Law Enforcement; Circulation; Liquor.]]>
<![CDATA[Investigation Action Against Children Who Are Circulating Pharmaceuticals Stocks That Does Not Have Permission In Jurisdictions Police Resort (Polres) Kudus ]]>
<![CDATA[Indra Narotama]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4205
<![CDATA[This research to know the legal basis for investigation of cases of children who distribute pharmaceutical preparation which does not have a marketing authorization, the implementation of the investigation on the case of children who distribute pharmaceutical preparation which does not have a marketing authorization in the territory of the police station of the Kudus, barriers and solutions in the implementation of the investigation on the case of children who circulate preparations pharmacy that does not have a marketing authorization in the territory of the Kudus Police.The method used is empirical juridical methods. Specifications research used the descriptive analysis. Data was collected by interviewing the parties involved in research, direct observation and recording of documents.The results showed that the basic legal basis for investigation of trafficking cases and abuse of pharmaceutical preparations without a marketing authorization is Act No.36 of 2009 on Health, which sentencing criminal offense trafficking and abuse of pharmaceutical preparations without a marketing authorization provided for in Article 197, it refers to the the provisions of Article 106 paragraph (1) in the form of pharmaceutical preparations and medical devices can only be released after obtaining marketing authorization. The process of investigation of the case of children who distribute pharmaceuticals do not have a marketing authorization in the territory of the Kudus Police have been done by the procedural law in Indonesia, namely the Criminal Code, it is proved to have been implemented procedures Investigators action in the process of investigation. The process of investigation is also under the provisions of Article 189Undang Act No. 36 of 2009 on Health and Act No. 3 of 1997 on Juvenile Court and the provisions of Article 82 of Act No. 23 of 2002 on Child Protection. Barriers faced by investigators Kudus Police in carrying out investigation on the case of children who distribute pharmaceuticals do not have a marketing authorization in the jurisdiction of the Kudus Police is limited both the quantity and quality of human resources of law enforcement officers who understand the case for children, operating costs, low awareness of the witness in attending the examination process, the lack of legal awareness of the society and time specified in the investigation of cases children are very little, while filing must be submitted as soon as possible.Keywords: Investigation; Children; Pharmacy Circulation Without Permission.]]>
