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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 19 Documents
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Search results for , issue "Vol 2, No 3 (2019): September 2019" : 19 Documents clear
Hint As A Means Of Verification And Inspection Decision In Subsidized Fertilizer Corruption (Case Study Case Number 45 / Pid.Sus-TPK / 2016 / PN SMG) Ardi Sanditya; Sri Endah Wahyuningish
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5635

Abstract

The Definitive Plan for Subsidized Fertilizer Needs (RDKK) is the first base for the formulation of subsidized fertilizer needs at the farmer group level. The fact that the planning and distribution of subsidized fertilizers up to the farmer level still contains serious problems and raises corruption-prone work areas. This journal aims to identify and explain the instructions as a means of proof and decision in the examination of the crime of corruption Subsidized fertilizer. The method used in this paper is descriptive qualitative approach with a normative Juridical. This study Refers to the corruption case Number 45/Pid.Sus-TPK / 2016 / PN SMG. In general, the narrative of the case contains the Defendants in the crime of corruption Subsidized fertilizer, who were charged with the primary indictment Article 2 paragraph (1) in conjunction with Article 18 of Act Number 31 of 1999 as Amended by Act Number 20 of 2001 in conjunction with Article 55 paragraph (1) 1 of the Criminal Code. The guideline is used as a means of proving and examining cases of Subsidized fertilizer corruption cases having a scheme: (1) Compiling sources of evidence in the form of witness Testimonies, letters and statements of the defendant (2) Interpreting the cues in the guidelines through the explanation of legislation related to the context of corruption, the view of legal experts, jurisprudence in the same case and (3) The panel of judges decides the case in accordance with the facts of investigation and trial so that the judge makes a decision of legal force,Keywords: Instructions; Evidence; Corruption
Sexual Harassment Criminal Law Policy In Criminal Law Revision Of Indonesian Munawwarah Munawwarah; Eko Soponyono
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5674

Abstract

Sexual harassment is behavior that approaches related to unwanted sex, including the demand for sex, and other behaviors being verbally or physically refer to sex. In studies using the theory of criminal law policy, legal certainty and legal policy research law enforcement. The result of goal against sexual offenders stipulated in the Penal Code and the Child Protection Act and women and Pornography Law issued regulations while for the area of Semarang District, is regulated by Regional Semarang District Number 1 of 2015 About the Empowerment and Protection of Women. In addition to the regulation, Semarang District Government also set about the task area devices pertaining to the protection of women and children namely Semarang Regent Regulation Number 52 Of 2016 on Positions, Organizational Structure, Duties and Functions, Work Procedures, and details of the regional Task Semarang regency. The weakness of criminal law policy against sexual harassment at this time that the recognition of the victim and the offender only from one specific sex which affects the exclusion of rape victims of the other sex, and the absence of an exact definition of sexual abuse, rape or sexual abuse, so that the diversity of cases of sexual violence understood as rape. In any law enforcement agencies have set up special treatment for sexual violence against women, whereas there is nothing available in the case of victims of sexual violence for men, this can lead to many sexual deviations that occur. Criminal law policy against sexual harassment in the reform of criminal law in Indonesia through the Bill the Code of Penal (Criminal Code draft) 2019, In these terms, rape is not just intercourse with a woman outside of marriage against the will of the woman, but rather expanded, including male insert his penis into the anus or mouth of a woman. Description of rape also in view of not just as sexual but also as a life-threatening crime, and in the abovementioned article does not describe the victim or the perpetrator of a particular gender.Key words: Policies; Criminal Law; Sexual Harassment.
Effectiveness And Role Of The Food Duty Unit Of Police Region Of Central Java In Law Enforcement In The Field Of Food In The Regional Law Of POLDA Central Java Anggrin Gayuh Praptiwi; Lathifah Hanim
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5669

Abstract

The problems of this study are:effectiveness and the role of the task force food Central Java Police in law enforcement in the food sector in the jurisdiction of the Central Java Police to current and factors that influence the effectiveness of law enforcement in the food sector in the jurisdiction of the Central Java Police to current and effectiveness and role food task force in law enforcement in the food sector in the Indonesian National Police.The method used by researchers approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from interviews with field studies Kasubdit 1 Indagsi Ditreskrimsus Central Java Police, And secondary data obtained from the study of literature relating to the theory of law and law enforcement effectiveness.Based on the results of research that doing the duties and responsibilities of everyday office designated as the task force to conduct law enforcement, and improve the system in the handling of cases of food mafia that is still public concern with the following activities: monitoring the price and distribution of food; minimize the actions of speculators; monitor the potential emergence of cartel practices; prosecution of activities that are hoarding staple; Another prosecution of illegal activity related to food (mixing / deviation fertilizer, iodine salt is below standard, refined sugar, cooking oil used, etc.). Factors that influence the effectiveness of law enforcement in the field of food in the region of Central Java regional police law in force at the moment is the legal structure factor, the factor of the substantive law and legal culture factor. The effectiveness and the role of food in law enforcement task force in the food sector in the Indonesian National Police monitoring the prices of basic commodities in the markets and the results were evaluated every two weeks. The evaluation will be conducted to measure the effectiveness and benefits of the role of the Food Task Force.Keywords : Effectiveness; Role; Food Task Force; Law Enforcement
Law Enforcement Against Elections Crime During Electoral Campaign 2019 (Case Study In Bawaslu of Banjarmasin City) Sri Herlina; Umar Ma’ruf
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5656

Abstract

Simultaneously in the general election in 2019 in London Election alleged criminal offense, whether it was exposed by the media and is still a byword society is becoming Bawaslu obligation to respond. Among them led to the process in Bawaslu Gakkumdu of Banjarmasin city whether it is a public report and findings by Bawaslu of Banjarmasin own. The cases that occurred not only before the campaign period, even at this stage that this time period campaign legalized legislative candidates for creativity lure the support of the constituency, also saw various criminal cases of elections. Though political parties have been briefed by Bawaslu of Banjarmasin about what and things that are prohibited during the campaign period and to explain and analyze: the factors that hinder and solutions for Bawaslu of Banjarmasin to enforce laws against criminal acts during the election campaign in 2019. This study is a sociological juridical data obtained in this study were analyzed by inductively qualitative descriptive method. The results of this study are: Factors that inhibit Bawaslu of Banjarmasin in enforcing the law against Crime Elections in Future Campaign in London on Election Unison 2019 is a factor of legal norms, budgetary factors, human resource factors and factors of the facility, then the solutions to the barrier is to maximize prevention efforts and strengthen budgeting, HR recruitment and complement facilities of Bawaslu of Banjarmasin.Keywords: Law Enforcement; Election Crime; Bawaslu of Banjarmasin.
Law Enforcement On Agents Assignment/Transfer Tube Gas Subsidies To Non LPG Subsidies Fakhrul Wildan; Gunarto Gunarto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5636

Abstract

The problems of this study are: law enforcement against businesses diversion / transfer of LPG gas cylinders subsidized to non-subsidized according to the Law of Legal Metrology and Consumer Protection which handled by Special Criminal Investigation Directorate Central Java Police and barriers faced by the Special Criminal Investigation Directorate Central Java Police to businesses diversion / transfer of LPG gas cylinders subsidized to non-subsidized and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Eventhough sources and types of data in this study are primary data obtained from field studies with interview Central Java Police investigators Ditreskrimsus, and secondary data obtained from the study of literature relating to the theory of the legal system.Based on the results of research that law enforcement against criminal cases the transfer of gas in gas cylinders subsidized gas cylinder non-subsidized conducted by the Police Directorate of Special Criminal Investigation Police Central Java starting from reports from the public or the findings of its own from the police, subsequently reduced to a letter of assignment to conduct an investigation, and then do a degree case to begin their investigation. Constraints: the views of the legal system, structure, substance and legal culture. The solution is to provide the sanction of the crime of diversion of gas, so that the person must have a deterrent effect and does not make the crime of diversion of gas from happening again. In the event of transfer of LPG cylinder which disturb public, then the aggrieved community can make a complaint to the authorities.Keywords : Law enforcement; business communities; Legal Metrology; Consumer Protection
Religion Pluralism: Meeting Point Looking For Religions Siti Juwariyah
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5675

Abstract

Religious plurality actually necessitates religious pluralism. That is an understanding that promotes and upholds the attitude of accepting, maintaining, and respecting religious diversity and diversity as uniquely true to its Adherents. But reality speaks differently. Religious pluralism precisely presents a prolonged polemic between pro and contra groups. Religious pluralism is transformed into something very complicated. Religious pluralism can not be understood simply by saying that our society is advanced, God has created us with different religions, nationalities, tribes, and others. In fact, we often experience Bloodshed tragedies in the name ofreligion, Such as: Ciukesik, Magelang, clash of Monas monument between FPI and AKKBB, as well as of bloody events. However, to borrow the word Cak Nur, religious pluralism must be understood as a true link of diversity in bonds. Even religious pluralism is a must for human safety and world peace.On that basis, the question arises: Can religious pluralism, be used as a way to find the meeting point of religions in the Midst of religious conflict?Keywords: Religion; Pluralism; Conflict. 
Mining Criminal Administration Without Permission (PETI) Theories, Facts, And Implementation Arif Rachman Wahyu Wicaksono; Gunarto Gunarto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5670

Abstract

This study aims to Obtain a new direction of PETI's criminal law enforcement that can be is implemented. Meanwhile, the research method used is a study of literature and cases around illegal and an analysis of a variety of developing thoughts and ideas. Based on the results of research and discussion, it was concluded that the implementation of the criminal administration in illegal was based on the principle of protecting common interests. The criminal application of illegal administration aspects contains three items, namely legal rules, government authority and legal relations. The legal rules are Formulated in the Mining Law and the legal relationship between the government as the mining manager and mining business stake holders through legal licensing instruments.Keywords: criminal administration; mining; licensing
Law Enforcement On Combating Crime Of Motorized Vehicle Theft In Jurisdictions Police Central (Case Study To Be Treated By Central Java Police) Wahyu Adhi Admaja; Gunarto Gunarto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5657

Abstract

The purpose of this research is 1) To review and analyze law enforcement on the eradication of theft of motor vehicles in the jurisdiction of the Central Java Police. 2) To analyze the factors that affect law enforcement on the eradication of theft of motor vehicles in the jurisdiction of the Central Java Police. 3) To formulate a law enforcement solution to the eradication of theft of motor vehicles in the jurisdiction of the Central Java Police in the future. The method used in this research is using empirical juridical and sociological law research can be named after the field research, including reviewing the applicable law and what happens in reality in society. In this study, the law conceived as an empirical phenomenon that can be observed in real life. The results of the research concluded that: 1) The enforcement of the law against eradication of theft of motor vehicles in the jurisdiction of the Central Java Police to control or solve crimes (political criminals) use two (2) means, namely: a) Means non penal is enforcement of the law against acts criminal use non penal facility includes the use of social means to improve certain social conditions, but indirectly affect efforts to prevent crime. b) Means Means penal penal is crime prevention with the use of criminal law 2) Factors that affect law enforcement on the eradication of theft of motor vehicles in the jurisdiction of the Central Java Police consists of internal and external factors. Internal factors are occurring of itself, while the external factor is a factor that is created from outside himself, these factors can be quite complex and varied. Social inequality, economic inequality, injustice, etc., are examples of the causes of crime originating from outside himself. 3) The enforcement of the law against eradication of theft of motor vehicles in the jurisdiction of the Central Java Police in the future is to optimize the investigation, effective and efficient course correction, through changes above are expected to materialize figure investigator professional, clean, dignified and beloved people are protected, be acknowledged and serviced. Such measures are reflected in the personal integrity of each investigator maid intact. Keywords: Law Enforcement; Eradication; Motor Vehicle Theft.
Effectiveness Of Act Number 23 Of 2004 Regarding Elimination Of Violence In Household (PKDRT) Against Psychological Violence In Semarang Moh. Abd Basith; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5673

Abstract

Every family dreams to build family harmony, happy and loved each other, but in fact many families are feeling uncomfortable, depressed and sad because of violence in the family, whether the violence is physical, psychological, sexual, or neglect.Purpose of the effectiveness of the implementation of Act Number 23 of 2004 on the Elimination of Domestic Violence against psychological violence in the city of Semarang, namely: to determine the effectiveness of the implementation of Act Number 23, 2004. The method used Soerjono Soekanto said that the effectiveness of the implementation of the law in a society is determined by several factors, namely (1) the rule of law, (2) law enforcement officials, (3) legal facilities, (4) community and (5) culture. The approach I use in this study is a sociological juridical legal approach, ie an approach by examining the secondary data first, followed by conducting research in the field of primary data. The results showed that effect implementation of Act Number 23 of 2004 in reducing psychological violence in the city, namely (1) the perceived inadequate (2) and ineffective. This is evident from the level of psychological domestic violence volatile and without a significant decrease. Suggestions authors hope that the government and relevant institutions more concerned about PKDRT and routinely provide information, education and prevention of domestic violence.Keywords: Effectiveness; Psychological Violence; Domestic. 
Duties And Functions Within Parliament To Improve The Welfare Of The People As Autonomy Realization In District Of Blora Yusuf Abdurrohman
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5661

Abstract

The problem of this research is duties and functions of Parliament in improving the welfare of the people as the embodiment of Autonomy, implementation duties and functions of Parliament in improving the welfare of the people as the embodiment of the Autonomy Region in Blora and constraints and solutions in implementing duties and functions of Parliament in improving the welfare of the people as the embodiment of the Autonomy Region in Blora. The approach used in this study is a sociological juridical approach. Type in this research is descriptive analysis, research that seeks to describe and analyze a phenomenon, events, events that occurred while now.Based on the results of this study are legislative Council Blora Regency is an institution intended to carry out environmental management throughout Blora through attribution has been set in legislation. In the execution of its duties and functions, the People's Council of Blora Regency is in conformity with the rules, but still impressed normative. This is caused by the authority granted unlike in the New Order era. Parliament is currently executing government area parallel to the head area. In practice the more dominant regional head for government affairs and regional autonomy. In the execution of duties, powers, and functions of DPRD Blora there are several constraints such initiatives are largely derived from the executive regulations, a lack of understanding of the problems of the region, the lack of clear criteria for oversight of the executive. The solution is DPRD Blora must improve human resources-related issues of legal drafting, budget, and control of the area, especially the chosen area (electoral district) council members concerned.Keywords: Duties and Functions; Parliament; Local Autonomy.

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