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<![CDATA[The Analysis of Election Criminal Actions Around 2019 in Banjarnegara ]]>
<![CDATA[Endro Wibowo Aji]]>;
<![CDATA[Rachmat Bowo Suharto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i1.13889
<![CDATA[The purpose of this research is to find out what factors are hindering in enforcing the 2019 election criminal law in Banjarnegara Regency and how the solution is carried out by the Bawaslu of Banjarnegara Regency in enforcing the election criminal law in 2019. The research method is taken using sociological juridical with descriptive specifications done to retrieve the facts that happened. The results showed that in the administration of elections, law enforcement against criminal acts in legislative elections encountered many obstacles such as: the failure to fulfill the formal and material requirements of the alleged violation of election criminal acts, both from the findings of supervisors and public reports, made it difficult to follow up on the alleged violations; multi-interpretative regulations cause human resource difficulties in applying the articles that must be suspected in suspected election violations; disagreements between institutions in the integrated law enforcement center (Gakkumdu); limited time for handling election crimes. Bawaslu of Banjarnegara Regency in overcoming obstacles keeps trying as much as possible to follow up on suspected violations, maximizing preventive actions through various channels, media, and always coordinates both vertically with Bawaslu of Central Java Province and coordinates horizontally with all related parties in Banjarnegara Regency in the framework of minimize potential violations.]]>
<![CDATA[The Investigation Process of Prospective Children in Criminal Action ]]>
<![CDATA[Ari Yudistira]]>;
<![CDATA[Widayati Widayati]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i1.13695
<![CDATA[The objectives of this research are: To identify and analyze the process of investigating child suspects in drug crimes. To find out and analyze the obstacles in the process of investigating child suspects in drug crimes and their solutions. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through library research and primary data. The results of this study on process of investigating child suspects in drug crime includes: a) Detention period for children is only valid for a maximum of 7 (seven) days and can be extended by the public prosecutor for a maximum of 8 (eight) days. b) Investigations against perpetrators of child crime are carried out by child investigators. c) In conducting an investigation, the investigator is obliged to ask for consideration from the Correctional Center (BAPAS). Barriers: a) The duration of research from the Correctional Institution (BAPAS). b) The unavailability of special investigators for children due to limited Human Resources (HR). The solution: a) To increase the ability of investigators to carry out investigations so that they are able to resolve cases during the period of time the child is detained according to the rules, namely 7 (days) of work and can extend detention by 8 (eight) working days b) Increasing the working relationship with BAPAS so that research and research results on children can be completed immediately. So that the results of the research can be completed immediately before the investigator hands over the child and evidence to the Public Prosecutor (JPU).]]>
<![CDATA[Legal Protection For Workers/Medical Workers against Case of Diseases Due to Covid-19 ]]>
<![CDATA[Gresa Sekardatun]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i1.14200
<![CDATA[The purpose of this research is to provide legal protection To find out and analyze all Medical Workers/Laborers affected by occupational diseases due to Corona Virus Disease 2019 (Covid-19) in Semarang City, they have obtained their rights in accordance with existing laws and regulations. The research method used is the sociological juridical approach method, descriptive analysis research specifications, the research data source uses primary data and secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. Data analysis using qualitative analysis methods. The result is the government, through the Labor Inspectorate, needs to provide guidance and outreach to companies so that employers will understand and understand the benefits of Work Accident Security (JKK), which is very much needed during a pandemic like this, because medical workers/laborers are at the forefront of carrying out their duties to treat patients who have being exposed to COVID-19 must be protected by registering all medical workers/laborers in the BPJS Of Workers Work Accident Insurance (JKK).]]>
<![CDATA[Application of Restorative Justice to Solution of Traffic Accidents ]]>
<![CDATA[Iman Faturrahman]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i1.13881
<![CDATA[The purpose of this research is to find out and analyze the Application of Restorative Justice to the Resolution of Traffic Accidents. To know and analyze the ideal justice regulations in the application of Restorative Justice on Traffic Accident Settlement. In this study, the approach method used is the sociological juridical approach method. The result of this research is the application of Restorative Justice to the Resolution of Traffic Accidents has often been done by the police, especially traffic accidents and the most common is family group conferencing, because in this case this application is more active where the whole family both the victim and the perpetrator have met in a legal solution to the problem.]]>
<![CDATA[Law Enforcement against Traffic Accident ]]>
<![CDATA[Rio Tumiyadi Maulana]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i1.14201
<![CDATA[The purpose of this study is as follows: To determine and analyze the factors that cause traffic accidents. To find out and analyze law enforcement against traffic accidents. To find out and analyze barriers in traffic accident law enforcement and their solutions. The approach used by the author to discuss the above problems is to use a sociological juridical approach, namely approaching the problem through legal research by looking at the legal norms that apply in society. The research specification used in this research is descriptive analytical. Based on the results of this study, the factors that cause traffic accidents include: the driver / driver is sleepy, the factor of the vehicle itself, road factors, environmental factors. Law enforcement against traffic accidents can be carried out by applying the provisions of Act No. 22 of 2009 concerning road traffic and transportation Article 310 if it concerns handling traffic accidents for negligence of drivers, either resulting in death or only injury. Obstacles in law enforcement of traffic accidents is the participation of the community, police officers, local governments at level I and level II as well as the role of the central government to work together to create a safe, comfortable and peaceful environment for the community. Efforts to overcome obstacles in traffic accident law enforcement are as follows: (a). Making efforts on the Government's side to revise the Articles in Act No. 22 of 2009 concerning road traffic and transportation; (b). Increase the number of personnel for the realization of maximum service; (c). Doing morning apples on roads that are at the heart of traffic problems; and D). Fostering legal awareness of the community to obey the law in traffic.]]>
<![CDATA[Law Enforcement against Entrepreneurs who Conduct Criminal Acts to Pay Wages Under the Minimum Wage ]]>
<![CDATA[Sekar Tresna Raras Tywi]]>;
<![CDATA[Ira Alia Maerani]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i1.13882
<![CDATA[This study aims to determine how law enforcement is carried out by labor inspectors against employers who pay wages lower than the minimum wage. The method used in this paper is sociological juridical. The conclusion of this paper is that law enforcement on the payment of wages below the minimum wage is carried out gradually through preventive educational efforts, repressive nonyustisia to repressive yustisia. It is hoped that through this process the employer can pay the lowest wage according to the minimum wage so that punishment is the last alternative (ultimum remedium).]]>
<![CDATA[Concept of Criminal Law on Corruption of Corporate Criminal Liability System Based on Justice Value ]]>
<![CDATA[Abdul Kholiq]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i1.14205
<![CDATA[The purpose of writing is to analyze the corporate accountability system in order to impose crimes against corporations, and obstacles to imposing crimes against corporations. The method used is the statute approach and the case approach, the analysis method uses qualitative analysis with interpretation, and the data collection method uses library research. It can be concluded that corporations can be held accountable by using a system of absolute and substitute liability, and the obstacle is the application of a conventional criminal liability system and the difficulty of proving corporate wrongdoing. It is suggested that there is a common perception among law enforcers about the criminality of corporations.]]>
<![CDATA[The Role of Prosecution Related to Prosecutor's Demand in Enforcing the Criminal Action of Narcotics ]]>
<![CDATA[Septian Nanang Pangestu]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i1.13884
<![CDATA[The objectives of this research are: to analyze prosecutors related to prosecutors 'demands in enforcing the narcotics crime law. To analyze the obstacles and solutions faced in making prosecutors' demands in enforcing the narcotics crime law.The method used by researchers isjuridical sociological approach to law and the specification in this research is including analytical descriptive. Based on the results of the research that the role of the prosecutor related to prosecutors' demands in enforcing the narcotics crime law has been fulfilled. The elements of a criminal act violating Article 127 paragraph (1) letter a of Act No. 35 of 2009 concerning Narcotics and it was proven to be against the law because the defendant had the intention to use methamphetamine himself or his own interests, while drugs can only be used for the benefit of developing science and technology. The obstacle is that witnesses who are majority members of the police, when called to be witnesses at trial, often do not attend the trial because they are busy with their superiors, which makes the prosecution process take a long time. The modus operandi in narcotics convictions is because the perpetrators work very well. To overcome the obstacles prosecutors carry out an activity, one of which is holding knowledge sharing meetings between law enforcers and related agencies, to gain unity in perceptions in handling Narcotics crime cases. Then carry out management improvements, so as to minimize the opportunity for narcotics crime to occur. Starting from the practice of handling narcotics crime, the first origin of narcotics crime is from one of the weaknesses of management.]]>
<![CDATA[Owner's Responsibilities of Vehicles Used as Illegal Public Transport When Traffic Accidents Happened ]]>
<![CDATA[Hesti Kristi Wahyudi]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i1.13693
<![CDATA[The research objectives to be taken in the intended research plan are as follows: To know and analyzecriminal law construction for owners of vehicles used as public transportation or commercialized. To find out and analyzeconstruction of criminal law is the responsibility of owners of vehicles commercialized as public transportation. To find out and analyzesolution to the problem of responsibility of vehicle owners who commercialize their vehicles illegally when a traffic accident occurs on the highway. The method used by researchers isjuridical sociological approach to law and the specification in this research is including analytical descriptive. Based on the results of that research Construction based on criminal law Act No. 22 of 2009 concerningTraffic and road transportArticle 308 is a sanction for every person driving a public motorized vehicle not equipped with a license to carry out person transportation/not having a route. The construction of liability criminal law is based on Act No. 22 of 2009 concerningTraffic and road transport Article 315 states that when a criminal offense is committed by a Public Transportation Company, the criminal liability is imposed on the Public Transportation Company by adding a maximum fine of 3 (three) times the fines specified in each article and also subject to additional penalties in the form of temporary suspension or revocation transport operating license for the vehicle used.The obstacles: there are no articles in the Road Traffic and Transportation Act No. 22 of 2009 that can be used to ensnare vehicle owners. The solution is to hope that this article will exist so that in the future it can create a deterrent effect for vehicle owners so that they do not go around operating their vehicle without being equipped with existing terms and conditions in accordance with the law and in the future it is also expected to prevent the occurrence of traffic accident victims in large numbers.]]>
<![CDATA[Juridical Analysis Related To Confidentiality Of Notary Liability ]]>
<![CDATA[D Djunaedi Djunaedi]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i2.15576
<![CDATA[Notary protection related to confidentiality, especially in the law enforcement process, has not been able to materialize effectively. This is because there is no real protection system for notaries who reveal the confidentiality of their rights in the law enforcement process. This writing uses an empirical juridical method. As for the results of existing research, it can be found that the fact that the limitations of a notary in maintaining the confidentiality of a notary's duties based on the Notary's Position Law are that notaries must keep secrets related to their position. The notary is obliged to keep the contents of the act secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drawing up of a deed and if he is made a witness in a case, can exercise his right to resign as a witness. However, it often happens that in a law enforcement process, a notary who is asked to assist in proof by disclosing the confidentiality of a deed that he has made can be sued and threatened by legal sanctions both in civil terms, namely acts against the law or for criminal reasons. Therefore, it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement.]]>
