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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 359 Documents
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Police Role In The Process Of Penal Mediation Agus Triatmoko; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
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.v1i3.3345

Abstract

Penal mediation settlement of criminal cases into the shape desired by the people involved in the dispute or disputes between community members. This is caused because the penal mediation there is no one party that defeated or won, so hopefully after the settlement with this penal mediation model disputing community members can live in peace side by side back to normal. This study raises the issue. What is the role of the police in the process penal mediation? This study belongs to the species normative legal research. Technic collecting data used is the study of literature. Descriptive analysis method. The results showed that that the implementation of the Police has the authority to conduct penal mediation by Act No. 2 of 2002 on the Indonesian National Police. One form of penal mediation by the police that the decision to terminate the criminal case after the settlement reached through negotiation involving mainly the victims and perpetrators, as well as religious leaders, community leaders and local government representatives.Keyword: Police, Penal Mediation, Criminal Case.
Reconstruction of Life Imprisonment in Prison System in Indonesia Boma Wira Gumilar; Gunarto Gunarto; Akhmad Khisni
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
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.v2i4.8348

Abstract

The most important part in a Book of Criminal Law (Penal Code) is a prison, because the prison contains rules about the size and implementation of the criminal. The position of life imprisonment in the national criminal justice system is still considered relevant as a means of crime prevention, it can be seen from the number of offenses punishable with life imprisonment. However, life imprisonment is considered contrary to the penal system. This study aims to investigate the implementation of life imprisonment, weaknesses, and the solution in the future. The approach used in the study is a non-doctrinal legal research with socio-legal research types (Juridical Sociological).The results of research studies show that life imprisonment is contrary to prison system, and life imprisonment become an obstacle to fostering convicts back into society. Bill Criminal Code of September 2019 can be used as a solution to life imprisonment change in the future. Presented advice, in order to be disseminated to the application of the criminal purpose of the Criminal Code of Prison adopted in the future, so that the public and experts no longer make the criminal as a form of retaliation.Keywords: Reconstruction; Crime; Prison; Life Imprisonment; System; Corrections.
Implementation of Online Prostitution Crime Investigation in Polres Cirebon City Jurisdictions Arif Zaenal Abidin
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
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.v1i3.3383

Abstract

Online prostitution is prostitution or activities that make a person as an object to be traded through electronic or online media, the media used, such as Whatsapp and other applications. In other words, here the people those who are responsible to be able to respect the norms and values embodied in the lives of people for cases of online prostitution can destroy the future of the nation in case they were found with offenders who are still teenagers and the lack of regulation of traction. Regulations invitation to entrap prostitutes. In this research, the author uses socio-juridical namely the review of secondary data in the form of legislation, as well as the outcome of legal scholars, such as books related to the subject matter to then proceed with research on primary data (obtained directly from the respondents). From the research problem, there are two things that can be inferred. Law enforcement against criminal acts of online prostitution in Polres Cirebon City Jurisdictions has been running and has conducted a series of investigative actions and investigations to unravel the cases of online prostitution. From the results of investigations conducted by the Police Cirebon Resort know that the perpetrators of online prostitution utilize Whatsapp. Building partnerships with the wider community partnerships in the wider community to help hack into your account - an account associated with seller of “young women” through online media. Suggestions in this research are; The first law enforcement against criminal acts of online prostitution by Polres Cirebon should be more intensive and thorough, because online prostitution is spreading very fast and the activities or transactions done through electronic media that police had difficulty in finding evidence and the investigation process difficult. Secondly, the hope that more people concerned about this online prostitution activities to facilitate the Polres Cirebon in overcoming it.Keywords: Law Enforcement; Criminal Act; Online Prostitution.
Civil Rights Of Children Outside Married Due Isbat Nikah Of Polygamy (Analysis of Islamic Court of Rembang Decision No. 99 / Pdt.G / 2018 / PA.Rbg.) Rofi'atun Rofi'atun; Akhmad Khisni; Rozihan Rozihan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
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.v2i4.8377

Abstract

This study discusses the civil rights of children outside the mating due to confirmation of marriage polygamy, Problems taken author in this thesis is how the legal protection of children outside marriage related his civil rights especially on custody of marriage and inheritance rights to men as fathers biological, because the Indonesian Constitution the Act of 1945 and other regulations related to children's rights requires such a case, article 28 B (2) the result of amendments to the Act of 1945 states "Every child has the right to live, grow and develop and is entitled to protection from violence and discrimination, as well as the norms of Islamic law every child born in the holy predicate attached to him (Fitrah), so that the civil rights of Islam also guaranteed, regardless of whether the child was born out of and / or as a result of a legal marriage or a result of Sirri Marriage.The research method used by writer is a normative juridical approach where the study was conducted based on legal materials main by way of studying the theories, concepts, principles of law, rule of law, court decisions and legislation relating to this study.The results showed that based on the decision number: 99 / Pdt.G / 2018 / PA.Rbg, in the case of confirmation polygamous marriage, civil rights children outside marriage (polygamy) or Sirri equal to the rights of children born and / or result polygamous marriage is official, so that the legal rights of children outside marriage in the decision on child custody and inheritance rights equal to other biological children were born of the first marriage. thus based on the decision of the civil rights of children protected by law, to get justice, and the certainty of the status and civil rights.Keywords: Civil Rights of Children Outside Marriage; Sirri Polygamy; Rights of Guardianship And Inheritance.
Inspection Process of Notary as Witnesses and Suspects in The Case of Crime Adad Adad; Widayati Widayati
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
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.v1i3.3410

Abstract

The existence of the Notary institution based on the needs of the community in making authentic act as a binding evidence. Notary role in serving the public interest is providing services in deed and other tasks that require the services of a Notary. Deed issued by Notary ensuring legal certainty for the public. Notaries have a role as well in running the legal profession can not be separated from the fundamental issues relating to the functions and role of the law itself. The authority Notary as stated in Article 15 UUJN is made the authentic act on all deeds, agreements, and provisions required by legislation and / or desired by an interested party, to be stated in an authentic deed, guaranteeing the creation date of the deed, saving certificates, provide a copy, and official copies, all along the deed is not assigned or excluded to officials or other persons specified by law. Notaries also authorized to certify the signatures and set a firm date of a letter under the hand by enrolling in a special book (legalization). Besides qualify predetermined law in order for a certificate to be authentic, a Notary in his duties shall carry out their duties with discipline, professional and moral integrity should not be in doubt. What is stated in the beginning and end of the deed is the responsibility of the notary is a phrase that reflects the true situation at the time of a deed. As stated in Article 65 UUJN: "Notary, Substitute Notary, Special Substitute Notary, and Acting Notary responsible for any deed that is made despite the Protocol Notary has been assigned or transferred to the storage Notary Protocol.Keywords: Inspection Process; Notary; Witnesses.
Criminal Imprisonment for Criminal Offenses Insults the President after State Court Decision Number: 013-022 / PUU-IV / 2006 (Study on State Court Blora Decision Number: 47 / PID. SUS / 2017 / PN.Blora) Yustisi Yudhasmara; Umar Ma'ruf; Sri Endah Wahyuningsih
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 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.v3i1.8403

Abstract

The purpose of this study was to analyzing the impact of the juridical the removal of article criminal offense insult the president by the State Court Decision Number 013-022 / PUU-IV / 2006 as well as the consideration of Judges State Court of Blora in Decision No. 47 / Pid.Sus / 2017 / PN.Blora, as well as to analyze the existence of article insult the President in future be associated with the rise of social media.This study uses empirical juridical approach, the research specification descriptive. The data used in this study are primary data obtained from field studies that were analyzed qualitatively using the theory of criminal prosecution and criminal punishment, the theory of law enforcement and crime prevention theory. Then for secondary data obtained from ingredients documents or library materials.The final conclusion is that: The Impact of juridical when articles of insult against the President revoked, can damage the system in the inclusion of clauses concerning acts humiliation as a whole and also the revocation of article of insult against the President and Vice President do not have binding legal force so that their legal vacuum post the decision of the judge in the consideration while deciding the case No. 47 / Pid.Sus / 2017 / PN.Blora according to the indictment from the prosecutor. Because of Article 193 paragraph (1) of Act No. 8 of 1981 on Criminal Proceedings ( "Criminal Code") Existence of article insult the president in the future, should come up again all the rules, could reach the criminal insult the president with any form of media usedKeywords: Offense; insult the president; the State Court; RKUHP.
Implementation Of Restorative Justice Approach In Legal Protection Against Lightweight Crime By The Children Rizky Adiyanzah Wicaksono; Sri Kusriyah Kusriyah
Jurnal Daulat Hukum Vol 1, No 4 (2018): December 2018
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.v1i4.4136

Abstract

Children who were doing mischief that led to the crime, should be against the law to account for his actions. Currently, prevention and control delinquency that resulted in minor criminal offenses is done through the implementation of the juvenile justice system to a restorative justice approach. The concept of restorative justice becomes a very important consideration in resolving criminal cases committed by children. The Supreme Court has issued a Supreme Court Regulation (Perma) No. 2 of 2012 on the Limitation Adjustment light crime and the amount of penalties in the Criminal Code, which essentially stipulates that the value limit losses in tipiring (Lightweight Crime) case is a maximum of 2.5 million, and against the threat case maximum criminal penalty of three months imprisonment or fine, as well as in the settlement tipiring must promote Restorative Justice. Child settlement, which is directed to resolving informally or out of court, with the involvement of all parties involved in the criminal act has occurred. Minor criminal offenses committed by children under the Act No. 11 of 2012 carried through the diversion mechanism by way of mediation or deliberation.Keywords: Restorative Justice; Lightweight Crime; Children.
Formulasi Model Sistem Pemidanaan Anak Di Indonesia I Dewa Putu Gede Anom Danujaya
Jurnal Daulat Hukum Vol 1, No 1 (2018)
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.v1i1.2624

Abstract

AbstractThis article aims to describe the perceptions and factors that cause crime in the environment of children as well as the formulation / model of the child criminalization system in Indonesia. The criminal system policy in an effort to protect children in the future should be able to improve the products of laws / regulations currently in Law No.11 / 2012. The product of a law / system must be more flexible according to the fast progress of the times. Especially with the emergence of issues especially related to the age limit of criminal responsibility, criminal guidelines, and types of sanctions. The refinement basically still refers to the concept of the 2012 Criminal Code (although it is still in the drafting and ratification stage) which is expected to be clearer, more comprehensive, detailed in the formulation of the article, and with the spirit of paying attention to the considerations of various international documents besides that, the Criminal Code of foreign countries can also as material for comparative studies and completeness in an effort to formulate new regulations or systems that will be implemented later.Key words: child criminal system, child protectionAbstrakArtikel ini bertujuan untuk menguraikan tentang persepsi dan faktor penyebab kejahatan dalam lingkungan anak serta formulasi/model sistem pemidanaan anak di Indonesia. Kebijakan sistem pemidanaan dalam upaya perlindungan terhadap anak dimasa yang akan mendatang hendaknnya bisa lagi menyempurnaan produk undang-undang/peraturan yang dalam dalam UU No.11/2012 sekarang ini. Produk suatu Undang-undang/sistem harus lebih fleksibel sesuai dengan cepatnya kemajuan perkembangan zaman. Apalagi dengan munculnya isu-isu khususnya terkait dengan batas usia pertanggungjawaban pidana, pedoman pemidanaan, dan jenis-jenis sanksi. Penyempurnaan itu pada hakikatnya tetap mengacu pada konsep KUHP 2012 (walaupun masih dalam tahap rancangan dan pengesahan) yang diharapkan lebih jelas, komprehensip, rinci dalam rumusan pasalnya, serta dengan semangat tetap memperhatikan pertimbangan berbagai dokumen internasional selain itu, KUHP negara-negara asing juga bisa sebagai bahan studi perbandingan dan kelengkapan dalam upaya penyusunan peraturan atau sistem baru yang akan diterapkan nantinya.Kata kunci: sistem pemidanaan anak, perlindungan anak. 
Comparison Of The Implementation Of Pre-Court Process Before And After The Constitutional Court Decision Number: 21 / PUU-XII / 2014 In The Batang State Court Moch. Isa Nazarudin; Umar Ma'ruf
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 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.v3i1.8684

Abstract

The purpose of this study is to describe and analyze the basis of the court's authority to examine and decide on pretrial lawsuits, analyze and describe the legal force of pretrial decisions regarding the illegitimacy of determining criminal suspects and describe the comparative implementation of pretrial proceedings before and after the Constitutional Court ruling Number: 21 / PUU-XII / 2014 in the Batang State CourtThis research uses descriptive research type with sociological juridical and normative juridical, data collection method with literature study, observation and content analysis.At the end of the study the authors concluded that although the Constitutional Court's decision was indeed final and binding and binding and legal remedies could not be made anymore (a final decision). However, that does not mean automatically changing the Criminal Procedure Code. Because these changes can only be made by official institutions appointed by the State, namely the President and the Parliament which are the state's decision. Pre-trial objects prior to the enactment of the Constitutional Court Decision Number: 21 / PUU-XII / 2014, consisting of: whether or not a forced act of force (in the form of: arrest, detention, search and seizure); the validity of the termination of the investigation or the termination of the prosecution; and compensation or rehabilitation of pretrial objects after the entry into force of the Constitutional Court Decision Number: 21 / PUU-XII / 2014, namely the addition of a pretrial object over the validity of determining the suspect. In addition, the implications of the a quo Constitutional Court ruling also affect the validity of arrest and the validity of detention must be based on the objective requirements of the investigator; through two pieces of evidence and an examination of a prospective suspect in order to fulfill the allegation of "preliminary evidence, sufficient preliminary evidence, and sufficient evidence".Keywords: Pretrial; MK Decision; Pretrial Object.
Criminalization Analysis Of Gambling Crime In The District Court Of The Kudus And Policies That Will Come In Penal Code Reformation Jajang Supriyatna; Sri Endah Wahyuningish
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019
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.v2i1.4206

Abstract

The problem in this research are: 1) Criminal prosecution against perpetrators of the Gambling Crime in the Kudus District Court. 2) Analysis of the results verdict against Gambling Crime lawsuit in the District Court of the Kudus. 3) Policy gambling a criminal offense in the Criminal Code reforms to come.Based on the results of the study concluded that: the base of the sentencing process is any act, error, and criminal prosecution. The average charges for the Gambling Crime in the District Court of the Kudus is six (6) months to 1 (one) year, but the result of a prosecution is not equal to the verdict, the general judge handed down the verdict for the Gambling Crime in the District Court of the Kudus average four (4) months to seven (7) months. Viewed from the demands of the course judges are many considerations to decide a case because the trial judges take into consideration the facts and evidence which can relieve the perpetrator gambling. That the main task of a judge is not necessarily just dropped punishment to the offender only. But also think about the consequences of sentencing, as well as considering the impact effect of what will happen later after the imposition of the witness. Creating new regulations on the prohibition of local governments to grant licenses to interested parties regarding the organization of gambling regulations, although in article 303 refer to legalize gambling if there is permission from the competent government in accordance with the PPRI No.9 of 1981. Diction abolish multiple interpretations contained in Article 303 and 303 bus or in the Bill of Article 505 where about peberian permits authorized officials in acts legalize gambling. Make one article where criminal gambling is not only subject to imprisonment and a fine of course, but also deprived of their rights in the professionalism if the perpetrator of a criminal who works with the enhancement.Keywords: Punishment; Crime Actors; Gambling; Policy; Reform.

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