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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 30 Documents
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Search results for , issue "Vol 2, No 4 (2019): December 2019" : 30 Documents clear
Law Protection And Criminal Responsibility Of Land Deed Official (PPAT) On The Deed He Made Fajar Fitrio Dwi Nugroho; Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8384

Abstract

The purpose of this study was to analyze the responsibility of PPAT, the precautionary principle and law protection of PPAT on deed made (case study in State Court of Salatiga Decision 43 /Pdt.G/2017/PN. Slt). The approach used in this study is a sociological juridical methods with specifications this study uses descriptive analytical type. Data collection techniques using primary data through interviews and secondary data is by doing an inventory of the literature books, documents, articles. Qualitative analysis techniques. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land.Keywords: PPAT; Legal Protection; PPAT Responsibility; Precautionary Principle.
The Giving Of Disciplinary Penalty of Civil Servants Based On Government Regulation Number 53 of 2010 in Governments of Demak Regency Muhammad Adib; Sri Kusriyah Kusriyah; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8239

Abstract

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.
The Role of Attorney As the Guards Team Of Security Government And Regional Development In The Prevention Efforts Of Criminal Corruption (Case Study In State Attorney Of Purworejo) Sujatmika Sujatmika; Maryanto Maryanto
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8369

Abstract

The efforts to overcome of the Corruption by law enforcement can be done by way of prevention (preventive) and prevention (repressive).The problems of this study are: Guards Team Establishment, Security Government and Regional Development in the law enforcement of corruption in the State Attorney of Purworejo. The Role of the Prosecutor as Guards Team of Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo, a limiting factor of the role of the Prosecutor as Guards Team , Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo and solutions.This research use socio-juridical approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from interviews with field studies Public Prosecutor in the State Attorney of Purworejo, And secondary data obtained from the study of literature relating to the theory of supervision, authority and law enforcement.Based on the results of research that Purpose of establishing of the Guards Team of Security Government and Regional Development, namely: 1) the loss of doubt the power of the budget (KPA), the power of the commitment (KDP), and implementing activities in carrying out its activities, 2) absorption of the budget properly and on time, and 3) development of Purworejo run properly and without corruption. The role of the Attorney divided into three normative role, the ideal role, and the role of factual. Inhibiting factor is the factor of its own law, law enforcement apparatus which is not widely understood rule of law, the factors supporting infrastructure and inadequate facilities, community factors and cultural factors. Solutions to overcome obstacles, namely: a) Prevention / preventive and persuasive, b) Legal Assistance; c) Coordination with APIPs and / or related agencies; d) Conduct Monitoring and Evaluation; and e) The Enforcement of Repressive Laws.Keywords: Attorney; Corruption; Role; Guard Team of Security Government and Regional Development; Crime.
The Role Of Health Department Of Blora Regency In The Implementation Of Bpjs Based On Act No. 40 Of 2004 On The National Social Security System To Improve Health Service To The Society Denny Kusuma; Widayati Widayati; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8378

Abstract

The regional government through the Health Department became the backbone of the implementation of the national strategic program, including JKN-KIS program. In various legislations such a role that includes licensing, facilitator, as well as giving recommendations and the availability of health facilities and the organization of health services for the implementation of the Health Insurance program. This study aims to determine the Role of Health Department of Blora Regency in the Implementation of BPJS Based On Act No. 40 of 2004 on National Social Security System to improve health services to the society and the obstacles that arise and solutions. The method used is the juridical sociological, descriptive analytical research specifications. The data used are primary data and secondary data, so that the method of collecting data through field studies and literature. Data analysis method used is qualitative analysis. As the blade is used the analysis of role theory and the theory of legal certainty. The results showed that the Role of Health Department of Blora Regency in the Implementation of BPJS Based On Act No. 40 of 2004 on National Social Security System to improve service to the public is as regulators, implementers and donors. The obstacles that arise in the implementation of BPJS in Blora is the increased fees but then disconnected MA which no increasing fees, any health facilities which can not service BPJS members because still not accredited the solution is that facilities apply a new accreditation to KARS, the role of Health Department in the implementation of BPJS not maximum so the solution is make a new regulation for empowerment the role of Health Department as regulator.Keywords: Health Department; BPJS;  National Social Security System; Health Services.
Policy Termination Of Alleged Crime Investigation In Polres Semarang Jeifson Sitorus; Achmad Sulchan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8397

Abstract

Police as investigators are authorized to terminate the investigation on the grounds as stated in Section 109 subsection (2) Criminal Procedure Code. In practice, there are crime that have been conducted the investigation found sufficient evidence and suspects, but in fact people who feel harmed (victim) had not wanted the case was brought to trial. This study aims to determine the termination of the investigation policy implementation alleged criminal act in Police Semarang, barriers faced by investigators in the implementation of the termination of the investigation alleged criminal act and analyze the implementation of the termination of the investigation policy alleged criminal act that should be implemented Police. The method used is the juridical sociological with descriptive analytical research specifications. The data used are primary data and secondary data and methods of data collection through field studies and literature. Data analysis method used is qualitative analysis. The results showed that the implementation of the policy of the termination of criminal case investigation in Police Semarang conducted through restorative justice as set out in the SE Chief of Police No. SE / 8 / VII / 2018 so it does not conflict with the provisions of the law. The obstacles faced by investigators in the implementation of the termination of criminal case investigation in Police Semarang consists of internal resistance and external obstacles. As for the implementation of the policy termination criminal case investigation should be carried out in accordance with the provisions of the Police should be legislation that exists, procedural, professional, justice and uphold human rights. Reason for ending the termination of the investigation should be based on the existing Article 109 (2) Criminal Procedure Code and restorative justice with the procedures and provisions stipulated in SE Chief of Police No. SE / 8 / VII / 2018 and the Regulation No. 6 of 2019 concerning the Crime Investigation.Keywords: Termination Of Investigation; Alleged Criminal Act. 
Legal Protection For Victims Of Traffic Violations That Lead To Death (Case Study On Police Traffic of Rembang) Hengki Irawan; Sri Endah Wahyuningsih; Jawade Hafidz
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8349

Abstract

The purpose of this study is to know, shortly describe, analyze and assess the implementation, barriers, and the remedies to overcome obstacles in the legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang. The method used in this study, using a kind of sociological juridical research, analytical, descriptive, with data used are primary data and secondary data, and analyzed Qualitative. The results of this study are: (1) legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang preferably through peace settlement with restitution, (2) barriers in the legal protection for victims of terms: (a) the substance of the law: Act No.22 of 2009 and the Criminal Procedure Code has not been providing legal protection for victims and their families; (B) the legal structure: lack of personnel and infrastructure; and (c) the legal culture: the lack of public awareness; (3) the remedies to overcome these obstacles, in terms of: (a) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice.Keywords: Death; Victim; Traffic; Abuse; Legal Protection.
Legal Protection from Provocate Abortion Againts the Child Conceived Because Rape (Case Study on Jurisdiction Ex Residency of Cirebon) Eka Damayanti Damayanti; Aryani Witasari
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8435

Abstract

The problems of this study are: view of the living norms of public life related to the legalization of abortion under PP No. 61 of 2014 on Reproductive Health in the jurisdiction of Ex Residency of Cirebon, Legal protection of children conceived for Pregnancy Preferred (KTD), form the legal protection of children conceived for Pregnancy Preferred (KTD), particularly rape victims in the future.The method used by researchers is sociological approach juridical law and specification in this study was included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies Cirebon MUI, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of effectiveness and progressive law.Based on the results of research that potentially incompatible with Islamic law if it does not pay attention to the provisions of law or the Fatwa of Indonesian Ulama Council, besides that government regulation is taking the authority of the judiciary by the executive branch, because the authority to determine a person can have an abortion only submitted to the doctor and known by the Health Department / districts forwarded to the Provincial Health Office, without having to get a judgment and / or determined by the court, including the MUI Fatwa can ignore. Abortion performed by a rape victim is allowed and does not constitute a crime, but as a special lex and Health Act Government Regulation No. 61 Of 2014 on Reproductive Health has taken over the authority of the judiciary, because abortion is performed by a rape victim does not need to get a determination from the court. Reflected Bill-September 2019-the Penal Code refers to the Law of Health and Government Regulation No. 61 of 2014 on Reproductive Health, so that the provision is contrary to the Constitution of the Republic of Indonesia 1945.Keywords: Provocate Abortion; Child; Rape; Legal Protection.
Role And Function Of Attorney In Order To Optimize The Prevention Of Corruption Through Establishment Of TP4P/D (Case Studies In State Attorney Of Grobogan) Abdul Haris; Umar Ma'ruf
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8287

Abstract

Corruption or rasuah is the act of a public official, either politicians nor government employees, as well as other parties involved in the action that is not fair and does not legal. It is very necessary to do eradication and prevention in a planned and measured by the Government. The purpose of this study was to describe, assess and analyze on the Role and Functions of The Attorney in Order to Optimize the Prevention of Corruption Through The Establishment of The Guards and Security Governance and Development Center / Regional (TP4P / D). This study uses empirical juridical approach, with specification of descriptive analytical research. The data used in this research is secondary data obtained through library research and primary data obtained through field research were then analyzed qualitatively Policy Implementation theory, and the theory of the authority. The results of this study are: Role and Functions of the Attorney in order to optimize the Prevention of Corruption through the establishment of the Guards and Security Governance and Development Center / Regional (TP4P / D) is not an assignment and new functions given to the Attorney of the Republic of Indonesia, duties and functions TP4P / D preexisting regulated in Act No. 16 of 2004 concerning the Attorney RI and has been written in the Regulation of General Attorney of the Organization and Work Procedure Attorney of the Republic of Indonesia. Keywords: Prevention; Corruption; Attorney RI.
The Legal Consequence Of The Judge Decision In The Case Of Children Criminal Justice Which Do Not Based On Society Research From Society Supervisor (Studies on Settlement Case of Children Crime In State Court of Cirebon) Tasmo Tasmo; Rakhmat Bowo Suharto
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8362

Abstract

This study to answer the question: 1) The legal consequences of the Juvenile Judge decision who do not based  the Society Research (Litmas) of Society Supervisor (PK) in the State Court of Cirebon, 2) The value of justice verdict child in considering Society Research (Litmas) of Society Supervisor (PK) in the State Court of Cirebon.The approach used in this study is a sociological juridical approach. The kind of this research is descriptive analysis. Data were collected by interview and literature method. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies State Court of Cirebon, and secondary data obtained from the study of literature.The final conclusion is: 1) The legal consequences of the judge's decision not to consider children who Litmas Results PK Bapas under Article 60 of Child Law Criminal Justice System, child verdict is declared null and void, and the cancellation do not require cancellation; 2) Society Research (Litmas) Society Supervisors (PK) Correctional Center did not bring a positive impact to deliver a fair verdict and best for the child, when the judge makes it just as a mere formality and not as consideration verdict. Put forward suggestions: 1) It should be implemented in law changes SPPA clearly so Litmas PK Bapas not only as a formal requirement child judges in decisions; 2)Institutions should set up an oversight judge to judge that the judge's ruling the child can be declared as null and void the decision, and the judge supervision should stipulate that convicted child can not be executed by the Public Prosecutor.Keywords: Law Effects; Judge Decision; Child Crime; Society Research; Society Supervisor.
Analysis Principles Of Criminal Law In Article 72 Qanun Of Aceh No. 6 Of 2014 On The Jinayat Law Dhanar Dhono Vernandhie; Sri Kusriyah Kusriyah
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8350

Abstract

This study describes the applicability of Qanun of Aceh No. 6 of 2014 on the Jinayat law (Qanun of Jinayat) in the order of legislation in Indonesia. Therefore this study to analyze these issues, to examine the legality principle as stated in Article 72 of the Qanun of Jinayat and the rule of law by applying the Qanun of Jinayat. This study uses normative research approach, by analyzing the legal ingredients of primary legal materials, secondary and tertiary. The results and discussion of the research was that Qanun of Jinayat not contrary to the order of Indonesian legislation, both formal legislative process and substantive elements of the rule of law which includes setting legal subjects, actions and sanctions of criminalization. Applicability of Qanun of Jinayat also related to three factors, namely philosophical which is a reflection of the values of the people of Aceh, sociological factors are the result of legal politics of the Government of the Republic of Indonesia and the Free Aceh Movement and the factors juridical is the order of the constitution and legislation that higher. Qanun of Jinayat law enforcement requires the law enforcement agencies, particularly the police for continued and consistent enforcement in order to create legal certainty. Suggestions can be submitted is law enforcement-led policy-making and increased synergies between law enforcement agencies in law enforcement for action based on Qanun of Jinayat Jarimah regulated in Qanun of Jinayat.Keywords: Qanun of Jinayat in Aceh; Legality; Legislation; Law Enforcement. 

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