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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
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Search results for , issue "Vol 6, No 2 (2023): June 2023" : 6 Documents clear
The Administrative Authority of Belgian Law in the Europe Modern Political’s Perspective Albus Samuel Macxel
Jurnal Daulat Hukum Vol 6, No 2 (2023): June 2023
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.v6i2.31184

Abstract

This research aims to know that since 1831, the Belgian Constitution allows courts to not apply unlawful administrative acts. This power, established as an obligation by the Supreme Court of Appeal, is called “plea of illegality”, and is guaranteed by Article 159 of the Constitution, which states that “the courts and tribunals shall not apply the provincial and local decrees and general regulations, until they comply with the laws. This research used library/literature research technic. The administrative high court also has the jurisdiction to issue non-binding opinions on the preliminary drafts of regulatory orders of the various federal State governments (federal, regional and community governments). This ex ante review, also carried out with regard to the preliminary drafts of legislative texts, is carried out by the legislative section of the Council of State. In 1991, the Council of State was vested with additional powers as litigants could apply, in summary and interim proceedings, for suspension of the execution of administrative acts, firstly in case of risk of serious irreparable harm, and since 2014, in case of emergency. The result show that last constitutional revision of 2014 tempered the monopoly of the judicial courts in litigation involving civil rights, with the Constitution stipulating that the Council of State has the jurisdiction to rule on the civil effects of its annulment judgments (Const. Art. 144 (2)). It can henceforth award a “restorative allowance” to any litigant who has suffered the effects of the annulled administrative act (consolidated acts on the Council of State, Article 11 bis). It may also indicate the measures to be taken to remedy the illegality sanctioned by its annulment judgments and, if the annulment implies that the authority takes a new decision, it may prescribe a time limit for doing so (consolidated acts, Art 35/1 and 36, 1st).
The Political Crisis in France 2022-2023: International Chaos of Burning Public Facility Abelano Adam
Jurnal Daulat Hukum Vol 6, No 2 (2023): June 2023
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.v6i2.31185

Abstract

This research aims to know the chaos phenomenon on Macron’s foreign policy agenda will not be affected by the protests. He is continuing with a planned trip to China, together with European Commission President Ursula von der Leyen, in the beginning of April. If his agenda is any indication, he will remain extremely involved in foreign policy in the weeks to come. France’s current instability might pave the way for populist and nationalist parties’ voting shares to grow further. This research used field observation and direct data. It is a euphemism to write that the far-right and the far-left party La France Insoumise (France Unbowed) have indicated that they wouldn’t support staunch French support for Ukraine. Although NUPES (a wide-ranging coalition of left-wing parties) shares major domestic policy goals, the parties diverge on foreign policy, particularly as it relates to Russia and Ukraine. Even if parliament plays a marginal role in foreign policy decision making in France, a new National Assembly could also decide to become more vocal and more vehemently question Paris’ current military, financial, humanitarian, and material support to Ukraine. A major issue in Europe right now is ensuring that European and trans-Atlantic unity on support to Ukraine is not only maintained but reinforced. If France were to weaken its support, that would have very serious consequences for internal European Union cohesion and the future of European security.
The Politics History of the Entry of Large Flows of Immigrants Originating from Islamic Countries to the Netherlands Bethoven Haunt
Jurnal Daulat Hukum Vol 6, No 2 (2023): June 2023
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.v6i2.31183

Abstract

This research aims to the Politics History of the Entry of Large Flows of Immigrants Originating from Islamic Countries to the Netherlands Entering the 1990s, the existence of immigrants from Islamic countries began to raise pros and cons. One of the causes of the bad image of Islam in the Netherlands was the assumption that Islam was a lowly religion and culture and was not on par with European culture. A Dutch politician, Frits Bolkestein, who stated that Islam is a religion that often abuses women, besides that governments in Islamic countries implement an authoritarian system and limit the freedom of the population to speak and express opinions. The approach used in writing this research is a qualitative approach and the research basis is a case study and the author uses a descriptive analytical research type. The result show the conflicts that emerged made the Dutch government increasingly worried about the security and social conditions in the country. That's why the government is increasingly tightening the rules for anyone who wants to come to the Netherlands, especially for those who want to settle down or find work there.
The Integralistic State Idea: Reconstruction of Administrative Efforts Perspective Fradhana Putra Disantara; Ratna Maya Permatasari A. B; Fawaidil Ilmiah; Ruetaitip Chansrakaeo
Jurnal Daulat Hukum Vol 6, No 2 (2023): June 2023
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.v6i2.30982

Abstract

Administrative efforts as part of the state administrative and legal process must be taken as an initial means before the settlement is carried out in court. In this case, administrative efforts are efforts to optimize non-litigation dispute resolution steps. This study attempts to present a prescription for administrative efforts associated with the idea of an integralistic state. This research is legal research. This study uses primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law No. 30 of 2014 on Government Administration, and Supreme Court Regulation No. 6 of 2018. Secondary legal materials include books, articles, and other scientific works, especially those related to the idea of an integralist state initiated by Supomo. Non-legal materials include legal dictionaries. The approach in this study uses a statutory approach and a conceptual approach. The results of the study confirm that the mandatory administrative effort in the Law No. 30 of 2014 on Government Administration is a progressive step because it emphasizes the values of the civilized nation, which focuses more on non-litigation dispute resolution. In addition, the reconstruction of the practice of administrative efforts needs to be carried out by socializing and providing an understanding of the importance of administrative efforts as well as the need for technical guidelines for the implementation of administrative efforts in each institution as well as increase the capacity of institutional leaders.
Quo Vadis Objects To Fiduciary Collateral Under Regulations In Indonesia And Malaysia Budi Susilo
Jurnal Daulat Hukum Vol 6, No 2 (2023): June 2023
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.v6i2.31592

Abstract

means of social engineering where comprehensive laws and regulations can create effective protection of citizens' rights where laws and regulations must keep abreast of developments in the country one of which is a new phenomenon and until now there has been no implementation regulation is copyright which can be used as an object of guarantee fiduciary by looking at the regulations in Indonesia and Malaysia and the issues to be raised are (1) How can a work be used as a fiduciary guarantee in Indonesia and Malaysia (2) What is the comparison between Indonesian and Malaysian copyright regulations In Indonesia, even though it already exists in Article 16 paragraph 3 of Law Number 28 of 2014 , the mechanism for the development of works as a fiduciary guarantee experiences many obstacles, namely regarding the time limit for protection, asset valuation which later refers to Article 40 paragraph (1) while in Malaysia, although in the 1987 copyright deed 332 it is not very clear because it is still in the drafting process by intangible property, where the ownership of Intellectual Property Rights has developed intangible asset-based credit, through the Malaysian Intellectual Property Company (MyIPO) and the Inland Reveneu Board of Malaysia. (LHDN) has provided infrastructure in providing guarantees
The Mining Code for Prospecting Exploration and Exploitation in Maritime Domain: Experimenting the Regional Environmental Plans Abdulrazaq Owolabi Abdulkadir; Saheedat O. Lawal
Jurnal Daulat Hukum Vol 6, No 2 (2023): June 2023
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.v6i2.28131

Abstract

The Seabed Mining is a growing maritime industrial field that involves the extraction of submerged minerals and deposits from the ocean and over the years, there has been a rising demand for minerals and metals in various sectors of the Maritime Industry. This led to the creation of the International Seabed Authority of 1982 which is saddled with the responsibilities of regulating human activities on the deep-sea floor and the continental shelf. Despite the existence of the regulatory body, there are challenges that are present within the organs of the International Seabed Authority. These challenges include lack of transparency and also the impact of the deep seabed mining activities on the environment that still need to be extensively researched before deep seabed mining activities can commence in the World Maritime Economy. This research adopted a doctrinal method of research to collect data through the use of Law textbooks, articles in journals, and various online resources. The aim of this paper is to discuss the benefits of deep seabed mining, the regulatory frameworks of deep seabed mining, the impacts of deep seabed mining on the environment, deep seabed mining activities in Africa and Nigeria. It was concluded in this paper that before the deep seabed mining activities can commence, it is necessary that wide and extensive research be carried out on its effect on the environment, the various organs in International Seabed Authority should be more transparent on their activities to the public and African States particularly Nigeria should organise workshops to educate the Maritime Industry of various states about the involvement and participation of African countries in the deep seabed mining activities like their counterparts in other countries of the World.

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