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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 6 Documents
 1 
Search results for , issue "Vol 4, No 3 (2021): September" : 6 Documents clear
Online Arbitration in E-Commerce Dispute Resolution During the Pandemic Covid-19 Mohammad Ghozali; Budi Ispriyarso
Jurnal Daulat Hukum Vol 4, No 3 (2021): September
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.v4i3.16266

Abstract

The Covid-19 pandemic has made online buying and selling activities increasing. E-commerce is full of risks, especially because the consumers have the obligation to make any advance payment while they cannot see the condition or quality of the goods they ordered. With the emergence of business disputes that occur both online and offline, and with the development of increasingly sophisticated technology, it is expected that the settlement of business disputes can be resolved online. The purpose of this study was to analyze the settlement of legal disputes against online buying and selling transactions during the Covid-19 pandemic which was carried out through online arbitration. The research method used was the normative juridical method, which was a method that seeks to analyze dispute resolution carried out through online arbitration which was then linked to the provisions of laws and regulations. The process of conducting online arbitration is by using the internet as media. The room for communication is more like a chat room based on real-time audio-visual streaming. With the application to communicate, the parties can convey their data, facts, information, or responses through this platform. Legal sanctions against online buying and selling transactions that do not match the order are regulated in two general rules (Lex Generalis) and special rules (Lex Specialist).Keywords: E-Commerce; Covid-19, Online Arbitration; Legal Sanctions.
Antinomy of Community Participation Rights in the Law on the Environmental Sector Febriansyah Ramadhan; Ilham Dwi Rafiqi
Jurnal Daulat Hukum Vol 4, No 3 (2021): September
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.v4i3.17212

Abstract

Issues of deprivation of rights and discrimination are topics that are always discussed in Indonesia, which is known as a democracy. Community participation is one of the important instruments for indicators of the success of democracy in a country which is carried out in various sectors of life. This research will look at how to regulate community participation rights, especially in the development sector and environmental management. This study uses normative juridical research with a statutory and conceptual approach. The results of the study indicate that conceptually the right of community participation in the environmental sector is an elaboration of the guarantee of good and healthy environmental rights. The right to the environment is a procedural right that cannot be separated from other rights. Regulations regarding community participation rights scattered in various environmental sector laws still contain antinomies that result in inconsistencies in the participation model and guarantee legal uncertainty. From here, efforts need to be made, such as ratifying the Declaration of the Right to Development into law and/or enacting a special law on community participation.
The Reviewing Concept of Asymmetric Decentralization in The Special Region of Yogyakarta Triwahyuningsih Triwahyuningsih
Jurnal Daulat Hukum Vol 4, No 3 (2021): September
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.v4i3.17525

Abstract

The following research aims to analyze the background of the concept of asymmetric decentralization applied in the Special Region of Yogyakarta and aspects of asymmetric authority in the Special Region of Yogyakarta. This research method is normative legal research which is complemented by field research in the form of interviews with related parties. Using a historical approach (historical approach) and legislation (statute approach) It is concluded that the granting of asymmetric decentralization in DIY is due to philosophical, historical, juridical and sociological. The application of asymmetric decentralization in the Special Region of Yogyakarta in the form of the special authority of DIY includes filling in the positions of Governor and Deputy Governor, Regional Institutions, Culture, Land and Spatial Planning.
The Choice Problems Of Presidential System In Indonesia Post-Reformation Siti Rodhiyah Dwi Istinah; Aryani Witasari; Fajar Fathan Fuadi; Muhammad Ali Maskun
Jurnal Daulat Hukum Vol 4, No 3 (2021): September
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.v4i3.17516

Abstract

The purpose of this paper is to find out and analyze the problems of the choice of the presidential system in the post-reformation of Indonesian state administration. The research method used is normative juridical, using a statutory approach. The data used is secondary data, with primary legal material from the 1945 Constitution and other laws and regulations. The results show that the choice of a presidential government system becomes a problem when juxtaposed with the multi-party system (combined phrase of political parties) in the 1945 Constitution. The MPR in the trial between 1999 and 2002 did not choose a quasi-presidential system in the original 1945 Constitution as well as a parliamentary system and explicitly transplant the American-style presidential system of government, without paying attention to ideological reasons and the identity and traditions of the state that have been explored by the nation's founders such as Soepomo, Soekarno and Muhammad Hatta. 
The Utilization Implementation of High Sea According to Sea Convention Ong Argo Victoria; Saleh Raed Shatat
Jurnal Daulat Hukum Vol 4, No 3 (2021): September
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.v4i3.17555

Abstract

The purpose of this research is to find out how the implementation of the use of forms of freedom on the high seas according to the 1982 Law of the Sea Convention (UNCLOS 1982) and how the exceptions to freedom on the high seas according to the 1982 Law of the Sea Convention (UNCLOS 1982). The research method used in this research is using normative legal research methods and it can be concluded that the regulation regarding the high seas is contained in Part VII Article 86 to Article 120 of the 1982 Sea Law Convention to take advantage of the high seas. State freedoms on the high seas are freedoms in accordance with article 87, namely freedom of navigation, flight, laying submarine cables and pipelines, freedom to build artificial islands and other installations, freedom to fish, and freedom to conduct scientific research. Every given freedom can be used by every country but every country is obliged to maintain and utilize the high seas for peaceful purposes for the survival of human life. In addition to providing freedom to use the high seas, the 1982 Law of the Sea Convention provides exceptions to this freedom. Where every country is free to use the high seas but is not allowed to take illegal actions or violate the law, both national law and international law, which in its application are often violated by countries in the world. There are several exceptions to the freedom of the high seas such as the prohibition of slavery, piracy, trafficking in narcotic drugs and psychotropic substances, instant pursuit, illicit broadcasting, and pollution of the marine environment. So every country, both coastal and non-coastal countries, is required to cooperate in eradicating all forms of abuse of freedom on the high seas.
The Transfer Of Productive Land For Industrial Interest Asep Hermawan
Jurnal Daulat Hukum Vol 4, No 3 (2021): September
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.v4i3.17524

Abstract

This study aims to analyze & study the regulation of the practice of converting productive land into industrial land which often occurs in regions as the regional economy advances. The research uses a sociological juridical approach. Based on the research it was concluded that not all of the conversion of agricultural land to industrial areas can balance the food sector with the industrial sector. Act No. 5 of 1960 concerning Basic Agrarian Regulations, Act No. 41 of 2009 concerning Protection of Agricultural Land for Sustainable Food, & Government Regulation no. 1 of 2011 concerning the Determination & Transfer of Agricultural Land for Sustainable Food has clearly stated that the conversion of productive land can only be carried out for the public interest so that industrial interests are the exception, so that the regulation can balance the food sector.

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