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<![CDATA[Implementation Of Article 240 Paragraph (1) Letters G Act No. 7 Of 2017 In The Making Of Combating Corruption Crime In Legislative Institutions (Case Study in KPU of Central Java) ]]>
<![CDATA[Nurul Fuji Sri Hastuti]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5415
<![CDATA[This study aims to: 1) identify and explain the implementation of Article 240 paragraph (1) letter g of Act No. 7 of 2017 by the Election Commission of Central Java, and 2) to assess and analyze the implementation of Article 240 paragraph (1) letter g of Act No. 7 of 2017 can realize eradication of corruption. The study used socio-juridical approach method to examine and discuss the issues that was raised, followed by conducting research and interviews in person at the Election Commission of Central Java, Semarang Corruption Court, Academician, Member of Party Politics and Society. As well as the author uses the theory of utilitarianism, to analyze the problem. The results showed: 1) ex-convict corruption are not allowed to run for legislative candidates in accordance with the regulations of PKPU No. 20 of 2018. 2) In Article 240 paragraph (1) letter g Electoral Act No. 7 of 2017 on the content of the article is general in nature so that the sentence can not be accommodated on the eradication of corruption because in the article does not explicitly include the prohibition of ex-convict corruption to be nominated again as legislative candidates. Keywords: Election; Legislative Candidate; Corruption Crime.]]>
<![CDATA[Legal Protection Of Health Worker In The Medical Malpractice Lawsuit In Banjarmasin ]]>
<![CDATA[Yulia Audina Sukmawan]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5548
<![CDATA[Doctor and patient relationship is based on trust, it could turn into a medical malpractice lawsuit. Medical malpractice lawsuit due to the weakness in building communication cause harm to patients and health workers. Health workers are required to further improve the professionalism, quality, transparency, which leads to more excellent service in accordance with established standards. The problems are: What is the process for resolving cases of medical malpractice in Banjarmasin city, and how the legal protection of medical personnel in the event of criminal acts of medical malpractice in Banjarmasin. The purpose describes the process of settlement of medical malpractice and legal protection of medical personnel in the city of Banjarmasin. Benefits of reference enrich malpractice settlement process and provide knowledge of the legal protection of medical personnel in the city of Banjarmasin. The method used legal approach juridical empirical research specifications descriptive analytical data sources and data types using the type of primary data, secondary data and tertiary data collection methods used by interview, literature, study of documents, data analysis methods are qualitatively presented descriptively. The problem was analyzed using the theory of legal protection and legal liability. So health workers who have been carrying out duties in accordance with professional standards and SPO are entitled to legal protection.Keywords: Legal Protection; Health Workers; Medical Malpractice.]]>
<![CDATA[Investigating Prosecutor Policies Related To Completion Deadline Of Financial Losses Calculation Of The Corruption Case By Internal Government Auditor (APIP) Case Study In State Attorney Of Grobogan ]]>
<![CDATA[Endy Dasaatmaja]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5427
<![CDATA[The purpose of this study was to determine and analyze the deadline for completion of the calculation of losses to the state by APIPs to requests from law enforcement agencies in Indonesia, especially Attorney Investigator and to determine the actions/policies Attorney Investigator State Prosecutor Grobogan if there are constraints result Counting Losses State Finance APIPs yet immediately handed over to the APH. This study uses a sociological juridical approach with descriptive analytical research specifications. The data used in this study are primary data and secondary data obtained through interviews and literature study, which was then analyzed qualitatively using theories of justice and the theory of legal certainty and legal purposes. The results of this study are: (1) setting a time limit Officials Internal Control of Government (APIP) submit the results of the examination Calculation of state financial loss to the Attorney Investigator regulated under Presidential Decree No. 3 of 2016 on the Acceleration of Project Implementation of the National Strategic, namely that if there is a case report and / or complaints from the public submitted to APH, which was later resolved by the time limit APIPs 35 (thirty-five days) and shall submit from APIPs to the APH later than five (5) days; (2) Measures taken by the State Attorney Investigator Grobogan Related deadline is enhanced to step inquiry investigations, general investigations actions undecided suspects and have not made forceful measures in this regard detention; (3) The ideal concept related settings No time limit need a revision of the Cooperation Agreement which specifically regulates the timeline when APIPs submit the results of the examination results of a calculation of financial loss to the country and incorporate APH 3 of Presidential Decree No. 2016 on Accelerating the implementation of the National Strategic Projects Jo. Presidential Decree No. 58 of 2017 as the legal basis for the deadline of 5 (five) days APIPs into a cooperation agreement between APH with the Internal Ministry. Keywords: Attorney Policy; Corruption; Deadlines; and APIPs.]]>
<![CDATA[The Element Of State Financial Losses In Corruption Offenses In The Process Of Procuring Sugarcane Seeds (Case Study on Case No. 100 / Pid.Sus-TPK / 2017 / PN.Smg) ]]>
<![CDATA[Rustanto Rustanto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5416
<![CDATA[This study aims to analyze how to prove the element of state financial losses in corruption offenses in the process of procuring sugarcane seeds in accordance with case No. 100 / Pid.Sus-TPK / 2017 / PN.Smg. The method used is sociological juridical approach techniques with the data collection through interviews and library studies. Then the data obtained were analyzed using descriptive normative. The results of the study indicate that the method of calculating BPK auditors through three stages of verification items, namely the realization of payments from the State financial post, the realization of procurement of sugarcane seeds that can be accounted for and calculating State financial losses from the previous stage difference. This corruption crime has proven to be detrimental to the State's finance of Rp. 2,038,616,969.00. Keywords: Authentication; Loss; Corruption.]]>
<![CDATA[Law Enforcement Of Crime Operation Power Installation Without Certificate Of Operations Eligible Under The Constitutional Court Decision Number 58 / Puu-Xii / 2014 (Overview Against Article 54 Paragraph 1 Of The Act Number 30/2009) ]]>
<![CDATA[Alfian Faulia Numairi]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5551
<![CDATA[Electricity policy in encouraging the ease of trying to become the hope of many parties. Act Number 30 of 2009 on Electricity requires that any electrical installation has the operational acceptance certificate (SLO). Based on the operational acceptance certificate as a prerequisite for enjoying the flow of electricity, as a discrimination against citizens and compounded by the threat of imprisonment related to the waiver provisions. The Constitutional Court is authorized to reconcile the justice seekers in the nation's leading citizens equal rights and away from discrimination. This study departs from problems such as the following: 1) How do criminal acts of law enforcement on power installations operate without a certificate of operation acceptance; 2) What factors affect the law enforcement of criminal acts operating electric power installations without a certificate of operation worthiness.This study uses empirical juridical approach to the type of descriptive analytical research. Data used by researchers there are two types of primary and secondary data. Primary data were obtained through interview and secondary data obtained by the engineering literature study.Based on the results, it can be explained that: 1) Law Enforcement Crime operate Installation Power Without Eligible Certificate of Operation, originated from Central Java Police open investigation investigators through interviews, with the results known to the criminal offense of electricity. Further enhanced the status of the investigation into the investigation process. At this stage of the prosecution, the public prosecutor indicted the suspect in the first alternative charges which violates Article 49 paragraph (2) or second violation of Article 54 paragraph (1) of Act Number 30 of 2009. 2) The factors that affect law enforcement Crime operate Installations power Without Eligible Certificate of Operation is the socialization factor that is still weak, criminals who do not know about the legal norms in Act Number 30 of 2009,Keywords: Criminal; Operational Acceptance Certificate; Electricity]]>
<![CDATA[Money Politics In The Electoral Law And The Law Of Election ]]>
<![CDATA[Yudhi Atmaja]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5546
<![CDATA[This study aims to identify and analyze the rampant money politics in society. In the process of grassroots democracy, the practice of money politics thrives. Since it is considered a fairness, the public no longer sensitive to the dangers. They let him, because they do not feel that money politics normatively should be shunned. Everything went to the fair. Although clearly the case of money politics, and it was recognized by the community, but there was no protest. People consider money politics as something normal for economic reasons and partly because of their ignorance.This is due to factors Regulatory, there is no provision of law which limits Election Supervisory Agency (Bawaslu) in maximizing its role, Bawaslu not authorized to call forced the clarification process, and their obligation to prepare a minimum of two (2) evidence in forwarding recommendation, The intensity of inter-agency presence is still weak short handling time violation. Besides, some people regard it as something normal. The public will know the actual allegations of money politics and in general do not want to report because of the difficulty of proving.Keywords : Money Politics; Law; Election Supervisory Agency (Bawaslu).]]>
<![CDATA[Implementation Of Withdrawal Of Retribution Based On Kudus Regency Regulation No. 14 Of 2012 On The Market Services Retribution In Kliwon Market Kudus ]]>
<![CDATA[Muhammad Yanuar Ilham]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5426
<![CDATA[Retribution is one source of local revenue. Levies are local taxes as payment for assistance.Regional service or certain special permits provided and/or supplied by Regional government for the benefit of personal or body. Retribution is very important to support local revenues, but in practice many factors that make the income retribution is less than optimal. Based on this it will be explained the problem in this research is the function of retribution, implementation and obstacles that occur in Kudus Regency Regulation No. 14 of 2012 on The Market Services Retribution In Kliwon Market Kudus. The method used in this research is empirical juridical approach, the research in the form of empirical studies to find theories about the process and about the workings of law in society. Data on the study was obtained through interviews with the Department of Trade and Traders in Kliwon Market Kudus. The results showed the actions taken by the government in addressing the factors that become obstacles in the collection of the retribution is to replace the system of retribution withdrawal which was initially carried out every day to every 30 days on the new law and issued a new policy that retribution withdrawal using E-Retribution. The government should make efforts to the training of personnel and development of merchant towing charges in the Kliwon Market Kudus. So that the withdrawal of the retribution more smoothly and does not disturb the optimization of revenue. Keywords: Implementation of Region Regulation; Market Retribution; Kudus Regency.]]>
<![CDATA[The Legal Protection Of Workers' Rights Fulfillment Of The Homeworker In The Industrial Relations Court Semarang ]]>
<![CDATA[Siti Putri Indah Meilani]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5428
<![CDATA[The study on “The Legal Protection of Workers' Rights Fulfillment of The Homeworker In the Industrial Relations Court Semarang" aims to: 1) analyze the legal protection of the fulfillment of the rights of homeworkers in the Industrial Relations Court Semarang. 2) analyze the decision of the Industrial Relations Court of Semarang on the fulfillment of the rights of homeworkers. Methods of research in this thesis using sociological juridical approach to the specification of descriptive analysis is the method of collecting data to obtain data that will be used as a thesis through interviews with homeworkers in the Industrial Relations Court Semarang, or by observation in the form of observations systematically involved in obtaining the data. Afterwards will be analyzed data obtained from various sources qualitatively. The results showed that: 1) homeworkers have not received the fulfillment of the rights as workers. 2) based on the right trial Industrial Relations Decision No. 26 / Pdt.Sus-PHI / 2018 / PN.Smg states that homeworkers have the same status as formal workers who work in the company so that they are entitled to the fulfillment of workers' rights as stipulated in the Act No. 13 of 2003 on Labor. Keywords: Legal Protection of Workers; The Industrial Relations Court.]]>
<![CDATA[The Criminalization Of Cohabiting Policy In The Revision Of Criminal Law In Indonesia ]]>
<![CDATA[Baktiar Atmadi]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5418
<![CDATA[Cohabiting seen as acts that violate the values of decency. But in the Criminal Code, this act is not a criminal offense. For related research needs to be undertaken efforts to criminalize the cohabiting as criminal law reform in Indonesia. The purpose of this study was to analyze: the reasons for cohabiting in Indonesia, the basic consideration of the need for the criminalization of cohabiting in criminal law reform in Indonesia and the criminalization of cohabiting policy in the revision of criminal law in Indonesia in the future. The method used is normative, then the data was analyzed using the Theory of Law Enforcement and Justice Theory of Pancasila. The study concluded that: 1) The reasons for cohabiting in Indonesia are less prepared mentally, economic, traumatic experience, weak monitoring social control in society, Wedding paradigm shift and the notion of sex is a private person's rights as well as the weakness of Indonesian law. 2) Rationale and criminalization of cohabiting consideration, based on: Socio-Philosophical Basis and Socio Cultural National Legal Systems, Platform Values Decency / National Agreement and Platform for Research and Comparative Studies. 3) The policy of criminalization cohabiting in the positive law in Indonesia in the future necessary to maintain it being understood obscenity, to reduce and prevent acts of vigilantism by the community and for the unification of customary law governing cohabitation. Keywords: Criminalization Policy; Cohabiting; Indonesia Criminal Law.]]>
<![CDATA[Substantial Justice In Handling Of Child Actors "Klitih" ]]>
<![CDATA[Adi Wibowo]]>;
<![CDATA[Umar Ma’ruf]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5411
<![CDATA["Klitih" has become a negative label of the last few years in the area DIY. Lebel is pinned to the perpetrators of criminal acts of persecution accompanied by vandalism committed by children, the widespread and massive occur within this period and led to loss of life and property. Act No. 11 of 2012 on the Criminal Justice System of Children who are formally to be done by the Regional Police of Yogyakarta in the treatment of perpetrators of maltreatment ("klitih"), has not given the benefit and sense of justice to the people. This happens because the concept of juvenile criminal justice system does not provide a deterrent effect to the child as a criminal offender. The pattern of interaction of children is also one of the causes of delinquency,In the juvenile criminal justice system, there is the concept of restorative justice should be applied at the beginning of the judicial system (investigation), in order to provide protection (special treatment) for children in conflict with the law so as not to disturb or shut off the child's development. It is true that the protection obtained by children in conflict with the law (especially actors), but it is different for the victim and the community, not necessarily the effect of juvenile criminal justice system can provide substantial protection and justice for him.Keywords: Children, Klitih, Juvenile Justice System, Substantial Justice.]]>
