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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 9 Documents
 1 
Search results for , issue "Vol 3, No 4 (2020): December 2020" : 9 Documents clear
The Law Enforcement in Pressing Traffic Accident which Resulting Death Kadek Oka Suparta; Ira Alia Maerani
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
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.v3i4.13144

Abstract

The aim of this studyto know the strategy of law enforcement in suppressing traffic accidents that result in death at the Mojokerto City Police, to find out the factors that support and hinder the Mojokerto City Police in suppressing traffic accidents that result in death, and to find out solutions to obstacles in an effort to suppress traffic accidents resulting in death. The approach method used is juridical normative and juridical socio-logical method, the specifications in the research are descriptive analytical, population and sampling methods are all objects or all symptoms or all events or all units to be studied, data collection techniques use library research and interviews, data analysis used is qualitative. Application of criminal sanctions in cases of traffic accidents and road transportation based on Act No. 22 of 2009 concerning Road Traffic and Transportation. The perpetrator who causes the victim to die is subject to Article 310 paragraph (4) and Article 311 paragraph (1) of Act No. 22 of 2009. In Article 310 paragraph (4) the perpetrator is sentenced to imprisonment of up to 12 (twelve) years or a maximum fine of Rp. 24,000,000.00 (twenty four million rupiah). In Article 311 paragraph (1) the perpetrator is sentenced to imprisonment for a maximum of 1 (one) year or a maximum fine of Rp. 3,000,000.00 (three million rupiah). Factors that influence law enforcement in cases of driver negligence in traffic resulting in death are the legal factors themselves, law enforcement factors, facility factors or facilities that support law enforcement to run smoothly, community factors, namely the environment in which the law applies, cultural factors, criminal and non-penal policy factors. Efforts made by the Traffic Unit against obstacles in an effort to suppress traffic accidents that result in death, are as follows: Preemptive action, Preventive action (prevention), repressive action (repression).
The Legal Policy on Traffic Breaches by Children Under Age/Minors Wahyu Lurus Stiyo Budi; Bambang Tri Bawono
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
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.v3i4.12896

Abstract

This study aims to explain the law enforcement mechanism against traffic violations by minors. To explain the implementation of law enforcement in relation to a sense of justice for the parties concerned. This study uses a normative juridical approach. This type of research is a case/field research. Case/field research is research that aims to study intensively the background of the current state and the environmental interactions of an object. So that analysis and facts can be obtained carefully, thoroughly, and clearly about the process of resolving cases of traffic violations against minors. The results showed that law enforcement against traffic violations by minors, namely through diversion, namely at the level of investigation, prosecution, and examination of cases of children in district courts must be pursued by Diversion, provided that the criminal act is committed; Is threatened with imprisonment for a maximum of 7 (seven) years and does not constitute a repeat offense. The criminal sanctions that are applied to traffic violations of minors, namely the judge's decision based on Act No. 3 of 1997 in the Juvenile Criminal Justice System Bill in the form of crimes or actions. the perpetrator is still subject to punishment for the incident through the applicable procedures according to the Juvenile Criminal Court Law.
Restorative Justice Approach in Diversion System for Settlement of Criminal Cases for Children in Indonesia Sarwadi Sarwadi; Bambang Tri Bawono
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
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.v3i4.13145

Abstract

This article aims to find out the general concept of restorative justice for children and to analyze the concept of restorative justice through the diversion system in Act No. 11 of 2012 concerning the Juvenile Criminal Justice System for the settlement of child criminal cases in Indonesia. In certain cases, children who are perpetrators of criminal acts are of particular concern to law enforcement officials. Therefore, various efforts to prevent and overcome children in conflict with the law need to be carried out immediately. Efforts to prevent and overcome children in conflict with the law today are through the implementation of a juvenile criminal justice system. To carry out guidance and provide protection for children, support is needed, both concerning institutions and more adequate legal instruments. One solution that can be taken in solving cases of juvenile crime is a diversion system. Diversion is not a peaceful effort but a form of punishment against children who are in conflict with the law in an informal way. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts.
The Concept of Criminal Law for Personnel of Narcotics Abuse Dhian Artwitadibrata; Akhmad Khisni
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
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.v3i4.13603

Abstract

The purpose of this paper is to review and analyze the juridical review by the prosecutor in criminal procedural law. In this paper the writer uses the normative juridical method. In the conclusion of the discussion that in handling narcotics cases, especially offenders who are more emphasized as victims or addicts, judges in Indonesia can be said to rarely make legal breakthroughs that emphasize social values and humanity that live in society. Judges in Indonesia only see the criminal side in the Act regardless of the negative effects of the decision, the result is that imprisonment is only seen as providing a deterrent effect to the perpetrator of a criminal act. According to the Narcotics Law, victims of narcotics users are sentenced to imprisonment because drug users are classified as criminal offenders. This contradicts the legal theory of victimology. Several countries have proven that decriminalization policies have an effect on reducing narcotics abuse. The optimum model of punishment for victims of narcotics users is a process outside the legal process, in which all victims of narcotics users report themselves to be rehabilitated. Meanwhile, for those who did not report themselves, the police and / or BNN made arrests and were immediately escorted and handed over to the rehabilitation.
Simultaneous Regional Election Polemics in the Middle of the Covid-19 Pandemic Adib Althof Rusydi; Achmad Sulchan
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
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.v3i4.12931

Abstract

The purpose of this study is to determine the impact of the simultaneous regional elections in the midst of the Covid-19 pandemic and efforts or solutions to minimize the impact that will occur. The research method uses a normative juridical approach. Then analyzed qualitatively with descriptive analytical method. The conclusion of this study is that in order to maintain the health of democracy, legality and legitimacy of elected regional heads and to protect public health in the implementation of the 2020 Regional Elections in the middle of the Covid-19 Pandemic, it is necessary to anticipate the possible risks posed by all stakeholders. Election organizers must be able to convince the public that the 2020 simultaneous regional elections are safe from potential exposure to the Covid-19 virus. Furthermore, the existence of legal sanctions for violators of health protocols and election administrators are required to maintain their independence, balance, assertiveness, and responsiveness in efforts to mitigate the electoral crisis amid the Covid-19 pandemic.
Criminal Responsibility of Criminals Defamation on Advocate Name Bambang Lasimin Arek; Umar Ma'ruf
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
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.v3i4.13622

Abstract

The purpose of this research is to know and understand the legal responsibility of the criminal defamation against lawyers according to Islamic criminal law, to know and understand the legal responsibility of the criminal defamation against lawyers according to Indonesian criminal law as well as to know, understand and analyze the legal accountability of the perpetrators criminal defamation against advocates at the Law Supremacy & Associate law office in Police Report Number: LP / B / 115B / XI / 2019 / Jabar according to Islamic criminal law and Indonesian criminal law. The approach method used in this research is normative juridical. The research specification used in this research is descriptive analytical. The theory used in analyzing the above problems is the rule of law theory, the theory of legal certainty and the theory of criminal responsibility in Islamic law. The conclusion of this study is that legal responsibility for the perpetrators of criminal defamation against advocates according to Islamic law is a Ta’zir sentence in the form of a limited prison sentence, where the length of the sentence is handed over to Ulil Amri who examines the case, while according to Indonesian criminal law it is a prison sentence and fines. Legal accountability for perpetrators of criminal defamation against advocates in the Police Report Number: LP / B / 115B / XI / 2019 / Jabar, according to Islamic law, is punishable by Ta’zir in the form of limited prison. Meanwhile, according to Indonesian criminal law, the actions of suspects are subject to imprisonment and a fine, in accordance with the provisions of Article 311 paragraph (1) and Article 315 of the Criminal Code. 
The Legal Analysis of Signature Forgestion Handling Process in Land Selling by PPAT Siti Mutmainah; Hepy Hapsari
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
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.v3i4.12892

Abstract

The problems in this research, first: how Legal Analysis of the Process of Handling Signature Falsification in the Sale and Purchase of Land Conducted by PPAT in Semarang City (Live Study Case No. 505/Pdt.G/2020/Pn.Smg)? Second, what is the legal consequence of the Minuta Akta which is falsified by a notary? This research is a normative study. The results of the study conclude, first: the implications for the notary position can be categorized into four (4) aspects, namely, i) implications for deed engagement, ii) aspects of administrative positions; iii), Professional Aspects of Membership; vi), the criminal aspect. Second, the legal consequence of the Minuta deed which is falsified by the notary is that the deed only has the power of proof as an underhand deed, if the parties can prove the untruth of the authentic deed in court proceedings and result in the deed being canceled and the power of proof as the deed below hands will no longer apply.The problems in this research, first: how Legal Analysis of the Process of Handling Signature Falsification in the Sale and Purchase of Land Conducted by PPAT in Semarang City (Live Study Case No. 505/Pdt.G/2020/Pn.Smg)? Second, what is the legal consequence of the Minuta Akta which is falsified by a notary? This research is a normative study. The results of the study conclude, first: the implications for the notary position can be categorized into four (4) aspects, namely, i) implications for deed engagement, ii) aspects of administrative positions; iii), Professional Aspects of Membership; vi), the criminal aspect. Second, the legal consequence of the Minuta deed which is falsified by the notary is that the deed only has the power of proof as an underhand deed, if the parties can prove the untruth of the authentic deed in court proceedings and result in the deed being canceled and the power of proof as the deed below hands will no longer apply.
Role of Police in Respecting Crimes on Prisoners Who Get Asimilation & Conditioned Delivery Due to Plague of Covid-19 Lilik Purwoko; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
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.v3i4.13599

Abstract

The purpose of this study was to determine and analyze the role of the Police in tackling crimes by convicts who received assimilation and parole due to the Covid-19 virus outbreak and the obstacles and solutions of the Police in overcoming crimes by inmates who received assimilation and parole due to the Covid-19 virus outbreak. Used in this research is an empirical juridical approach. This type of research is descriptive analytical, data collection methods used are primary data (interviews) and secondary data (literature review). The data analysis was done qualitatively. The results of the research found that the role of the Police in tackling crimes by inmates who received assimilation and parole due to the Covid-19 virus outbreak has an important role. Which was carried out by the Police in minimizing crimes committed by inmates who received assimilation due to the impact of Covid-19, namely preventive efforts to conduct patrols by forming a new eagle team, as well as repressive efforts to provide strict punishment to inmates who committed crimes again after assimilation. The obstacles faced by the Police in overcoming crimes by inmates who receive assimilation and parole due to the Covid-19 virus outbreak include, among others, that not all criminals are domiciled in the city of Semarang, the number of personnel is not proportional to the number of prisoners who receive assimilation and parole due to the virus outbreak. Covid-19, the National Police and the Police have never received a copy of the trial verdict from the court.
Legal Protection against Women Which Do Criminal Actions of Abortion from Victims of Rape for Justice Farida Farida; Sri Kusriyah
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
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.v3i4.13108

Abstract

This study aims to identify and describe the legal protection of women perpetrators of the crime of abortion, victims of rape based on positive law in Indonesia in order to realize justice. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this study are legal protection for women perpetrators of abortion, victims of rape based on positive law in Indonesia to achieve justice that in Article 48 of the Criminal Code that the perpetrator's actions are committed due to coercion, then they will not be convicted. The perpetrator was released from punishment on the grounds of forgiveness, whereas in the Republic of Indonesia Act No. 36 of 2009, that abortion is allowed due to indications of a medical emergency that threatens the life of the mother and pregnancy due to rape, given the trauma caused by rape that must be experienced by women who are victims of rape is very severe.

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