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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 10 Documents
 1 
Search results for , issue "Vol 5, No 4 (2022): December 2022" : 10 Documents clear
The Principles of the Welfare Law State in an Islamic Perspective Sri Kusriyah
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
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.v5i4.26590

Abstract

The principles of a welfare state are a choice of state system in most countries in the world. Islam as a religion for all mankind and mercy for the natural environment, has principles on how to regulate the state so that it can provide benefits for human life, this paper aims to find out how the principles of a welfare state and an Islamic perspective. The method used in this paper uses normative juridical methods, the data required is in the form of secondary data with technical data analysis using qualitative analysis. The results of the discussion show that Islam as a teaching has the principle that the people have the right to welfare, and the state/government is obliged to promote welfare, educate the people's lives, and must even be active in all aspects of life towards the welfare of its citizens a. Freedom from poverty, b. freedom to choose a lawful job, c. property rights function socially, d. the right to education, e. the right to welfare. The principle of welfare in Islam is directed to achieve the system. a. The system of Islamic society is a system of social life that is advanced, mobile and active, capable enough to build a modern and advanced society, b. The Islamic social system with its recognition of the five human rights and legislation for social security, has the power to eradicate poverty, stupidity, cowardice and inferiority complex, c. The Islamic social system is suitable for all Muslims and non-Muslims, because the basics and rights according to this system are equally distributed to all residents without exception, d. The Islamic community system includes the people and the government in implementing social security, e. The Islamic society system is easy to form, not rigid, can be practiced at any time in accordance with the times and the movement of progress.
The Formulation of the Idea of Forgiveness in Indonesian Criminal Law Policy (A Study Based on Restorative Justice & Pancasila Values) Ira Alia Maerani; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
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.v5i4.24290

Abstract

This study aims to analyze the idea (value) of forgiveness as the noble value of the Indonesian nation into a national legal product. History records that in various literatures, when various national problems were recorded, it was revealed that the idea, nature, value of forgiveness became one of the key values for the success of the Indonesian nation in reducing various kinds of criminal and social conflicts problems in society. So that the expected restorative justice for those who are litigated can be achieved. Indeed, the Indonesian people are familiar with this non-penal problem model through deliberation as a step in implementing the values of Pancasila. However, considering that national legal products still use legal products inherited from the colonialists, there are differences in the values adopted by the colonial nation and the noble values of the Indonesian nation. The subject studied in this study is to determine the provisions of the idea of forgiveness in the current positive criminal law policy (Ius Constitutum; future criminal law policy (ius constituendum) and efforts to reconstruct national criminal law policies by prioritizing the idea of Forgiveness as the noble values of the Indonesian nation is based on restorative justice and the values of Pancasila. The research method used in this study is a normative juridical approach. Types and sources of data used are secondary data with data collection methods are through document studies and literature studies. The expected result of this research is the internalization of the value (idea) of forgiveness in national legal products; the accommodation of restorative justice as a solution to various legal and social problems in society; there is the principle of legality and legal certainty in applying restorative justice by law enforcement; and growing confidence to put forward the values of Pancasila in solving legal conflicts and social problems in society.
The United States' New Military Act Policy Causes China to be Angry because Interfering in to Taiwan Issue Ma Tian Yu
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
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.v5i4.22275

Abstract

This study aims to analyze international policies, especially the military and politics of major countries, including the US and China. It should be noted that several months ago US government representatives made political visits to Taiwan, even as much as 2x, this is very sensitive regarding the heating up relations between China and Taiwan. Plus the Chinese Government expressed anger at the United States defense law that increased military assistance to Taiwan. Meanwhile Taiwan supports the new US law because it helps improve the security of the island. China, which regards democratically-ruled Taiwan as its own territory, expressed "strong dissatisfaction and firm rejection" of the US National Defense Authorization Act, said China's Foreign Ministry in a statement as reported by Reuters news agency, on Saturday, December 24, 2022. The law provides for a US$ 858 billion military spending budget, which includes up to US$ 10 billion in security assistance and fast-track weapons procurement for Taiwan. China says the law contains provisions that cause serious harm to peace and stability in the Taiwan Strait.
The Relevance of Criminal Close to the Modern Criminal Justice System
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
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.v5i4.27612

Abstract

This study aims to know the application of cover-up punishment in Indonesia has been regulated and as a legal basis for cover-up punishment can be seen first of all in Act No. 20 of 1946. Coverage punishment as the main crime appears through Act No. 20 of 1946 RI News II No. 24. In this article, the punishment for imprisonment is added for the Criminal Code and the Criminal Code. This punishment can be imposed on perpetrators who have committed criminal acts, but are motivated by intentions that deserve respect. Covering this system of criminal threats of cover up, it is clearly not adhered to in the Criminal Code. With the development of regulations regarding criminal law which contain new and increasingly progressive provisions, cover-up punishment still fills a place in the current list of principal crimes. In fact, the Draft Criminal Code which is currently being discussed as the Priority National Legislation Program (Prolegnas) still contains the existence of a cover-up crime as a form of principal crime. Coverage punishment, if it is related to the purpose of punishment according to the new Criminal Code Concept, it appears that the most prominent purpose of covert punishment is the protection of society. Judging from the background of the establishment of a cover sentence, there is no similarity in moral ideas from previous and future events, there are no limitations on the extent to which the intention of deserving respect can be used.
The Analysis of the Notary Regional Supervisory Board on the Storage of Notary Protocols that are more than Twenty-Five Years Evita Rizkiana
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
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.v5i4.27128

Abstract

The notary makes authentic deeds regarding all the deeds, agreements,  and conditions required by laws and regulations and/or are desired by interested parties to be included in an authentic deed, guarantees certainty that coincides with the making of the deed, saves the deed, distributes grosse, deposits and quotes the deed , all of that during the making of the deed was also not delegated or excluded to other officials or other people determined by law ". A message made by or in the presence of a universal official in power is said to be an authentic deed, by providing enough evidence for both parties and their heirs and all those who have the right to override all the things mentioned in the message and also about what is stated in the message. The message is only a notification, but what was later notified was directly related to the subject matter of the deed. An authentic deed has formal, material and binding strength. The profession of a notary among residents because residents need their services after that socializes them to residents.
The Settlement of Child Cases in Conflict with the Law in the Concept of Restorative Justice Muhammad Ridwan Lubis
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
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.v5i4.24357

Abstract

This study aims to know the application of the principle of Restorative Justice as an effort to resolve crimes committed by children even though formally and legally regulated clearly and explicitly in Act No. 11 of 2012, but formally problems also arise related to the time when the law was enforced which in Article 108. The approach used in this study is normative juridical. Factors that cause children to commit criminal acts, namely: Endogenous factors are factors that occur because of their own will, family factors, school environment factors and children's play areas, mass media factors, economic factors. Diversion as a step in diverting the settlement of child cases from the criminal justice process to processes outside the criminal justice by prioritizing the Restorative Justice approach which can be carried out by way of deliberation or mediation which emphasizes efforts to restore the family to its original state.
The Revolution of Japanese Military in the Asia Pacific based on International Military Law Point of View Watanabe Yazuru
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
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.v5i4.24403

Abstract

The purpose of this study was to determine the new Japanese military strategy in the Asia Pacific region and its impact on international security stability. The South China Sea conflict is one of the major conflicts for the Southeast Asia region and also the Asia Pacific region. Japan has a role in supporting countries involved in the conflict such as Vietnam. Japan promised Vietnam six patrol boats during Prime Minister Abe's visit to Southeast Asia.The approach used in this research is a qualitative approach and the type of research carried out is descriptive by explaining certain phenomena systematically, actually and accurately regarding facts, characteristics, and relationships. The patrol boat is aimed at enhancing Vietnam's capability in maritime law enforcement related to the South China Sea conflict. Japan, which is Vietnam's biggest foreign investor after South Korea, has no territorial claims in the South China Sea conflict. The South China Sea region has a big role in geopolitics because it is a meeting point between China and countries within the Association of Southeast Asian Nations (ASEAN) in terms of territory, security, natural resources and energy security. Disputes in the region include territorial sovereignty and maritime sovereignty. The South China Sea area consists of, among others, several small islands that are widely distributed, but there are two groups of islands that are much contested, namely the Spratly Islands and the Paracels. In addition, the South China Sea area is an important shipping lane and is often referred to as the maritime superhighway because it is one of the busiest international shipping lanes in the world.
The Elements of Unlawful Acts as the Basis for Lawsuits in Land Disputes Bicar Maruli Tua Sianturi; Djoko Setyo Hartono Widagdo
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
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.v5i4.24319

Abstract

This research aims to know the community relations if one party has violated a right and harmed another party, if it cannot be resolved amicably to provide compensation, then the party whose rights have been violated and suffered a loss can file a lawsuit to court on the grounds that there has been a violation of law carried out by other parties accompanied by accurate evidence. For a claim to be submitted to the court so that it can be accepted and granted by the judge, the reasons used as the basis for the claim must be clear and contain elements of a violation of the law. Another aims to obtain data about judges' considerations in deciding a case that falls under the qualification of unlawful acts. This research used a normative legal research with statutory and conceptual approaches. The result show the judge's consideration in deciding to grant part of the lawsuit filed by the Plaintiff because the witness evidence submitted by the Plaintiff can legally prove that the plaintiff is the legal owner of the object of the case and what is alleged in the plaintiff's lawsuit that the defendant committed an unlawful act, is it true or not? what the Defendant did complied with the elements of an unlawful act and the Defendant was unable to prove reasonable evidence.
The Legal Protection for Concurrent Creditors in the Context of Enforcing Bankruptcy Cases
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
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.v5i4.28922

Abstract

This study aims to find out and find out about the form of legal protection regulations given to concurrent creditors. This study uses a normative juridical approach. Basically, Act No. 37 of 2004 has provided legal protection to concurrent creditors against actions by bankrupt debtors, separatist creditors, curators and supervisory judges, namely: (a) legal protection for creditors concurrent against the bankrupt debtor: confiscation of collateral (Article 10), immediate decision [Article 8 paragraph (7) and Article 16)], silence [Article 24, Article 25, Article 27, Article 34, Article 40 paragraph (1 ), and Article 97), Actio pauliana (Article 30 and Article 41 - Article 47), forced corporal (Article 93 - Article 96), sealing of bankruptcy assets (Article 99), objections to requests for rehabilitation (Articles 218 and Article 220), and supervision of debtor communications (Article 105); legal protection for concurrent creditors against separatist creditors.
The Elements of Unlawful Acts as the Basis for Lawsuits in Land Disputes Bicar Maruli Tua Sianturi
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
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.v5i4.26746

Abstract

Hubungan bermasyarakat jika ada salah satu pihak telah melakukan suatu pelanggaran sesuatu hak dan merugikan pihak lain, apabila tidak dapat diselesaikan secara kekeluargaan untuk memberikan ganti rugi, maka pihak yang haknya telah  dilanggar dan mengalami kerugian dapat mengajukan gugatan ke pengadilan dengan alasan telah terjadi pelanggaran hukum yang dilakukan oleh pihak lain yang disertai dengan bukti-bukti yang akurat. Suatu gugatan yang diajukan ke pengadilan agar dapat diterima dan dikabulkan oleh hakim, maka alasan-alasan yang dipakai sebagai dasar tuntutan haruslah jelas dan mengandung unsur-unsur adanya pelanggaran hukum. Penelitian bertujuan untuk memproleh data tentang pertimbangan hakim dalam memutus sebuah perkara yang masuk dalam kualifikasi Perbuatan Melawan Hukum. Penelitian ini bertujuan menganalisis tentang sengketa tanah yang di kaitkan dengan unsur-unsur Perbuatan Melawan Hukum. Sebagai penelitian hukum normatif dengan pendekatan perundang undangan dan pendekatan konseptual. Penelitian ini menyimpulkan bahwasannya pertimbangan hakim dalam memutuskan untuk mengabulkan untuk sebagian gugatan yang diajukan oleh Penggugat karena bukti saksi yang diajukan oleh Penggugat dapat membuktikan secara hukum penggugat adalah pemilik sah dari objek perkara serta apa yang dituduhkan dalam surat gugatan Penggugat bahwa Tergugat melakukan perbuatan melawan hukum, adalah benar apa yang dilakukan Tergugat memenuhi unsur-unsur perbuatan melawan hukum dan Tergugat tidak dapat membuktikan alat bukti yang beralasan.

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