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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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Legal Analysis Of Giving Remission To Fostered Citizens Of Criminal Acts In Narcotics In The Narcotics Special Class IIa Gintung Cirebon Suhada Suhada; Aryani Witasari
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.v3i1.8428

Abstract

The problems of this study are: 1) How can the application of remissions the inmates of narcotics cases in the Penitentiary (Prison) Narcoticts Class IIA Gintung Cirebon? 2) Are the obstacles in granting remission to the prisoners in the prisons of narcotics cases Narcotics Class IIA Gintung Cirebon?The method used is a sociological juridical approach. Specifications research used in this research is descriptive analysis. The sources and types of data in this study are primary data and secondary data.Based on the results of this study concluded that Application of remissions the inmates of narcotics cases in the Penitentiary (Prison) Narcoticts Class IIA Gintung Cirebon tightened after the enactment Government Regulation No. 99 Of 2012 and the Regulation of the Minister of Law and Human Rights No. 3 of 2018. Constraints in granting remission to the prisoners in the prisons of narcotics cases Narcotics Class IIA Gintung Cirebon because in addition to the provisions stipulated by Government Regulation No. 99 Of 2012 and the Regulation of the Minister of Law and Human Rights No. 3 of 2018, also the following provisions: a) Punishable with a penalty of less than 6 months; b) Disciplinary penalties and violations are listed at the register book prisons or detention order within the time period taken into account in granting remission; c) Leave ahead of undergoing free; d) Sentenced to imprisonment substitute fines.Keywords: Legal Analysis; Remission; Citizens Patronage of Corrections; Crime; Narcotics
Legal Protection Of Participants Applications For Land Certificates Through Complete Systematic Land Registration (PTSL) In Blora Regency Sriyono Sriyono; Amin Purnawan
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.v3i1.8431

Abstract

The ATR / BPN Ministry launched a Systematic Complete Land Registration (PTSL) as a National Priority Program. This program is intended for middle to low income groups who can have land rights certificates at a low cost, as well as to provide legal certainty guarantees to holders of land rights. One important thing that must be considered in the implementation of PTSL is the availability of laws and regulations that protect the PTSL process and products. The formulation of the problem in this research is what is the form of legal protection for participants in a complete systematic land registration program (PTSL) in Blora Regency. The method used is sociological juridical. The specifications in this study are descriptive analysis. The data used for this study are primary and secondary data obtained from the field observation, interviews, and literature study methods. Based on the research concluded with the Regulation of the Minister of Agrarian Spatial Planning / Head of the National Land Agency Number 6 of 2018 On Complete Systematic Land Registration if there are parties who feel their interests are harmed, they can submit an objection to the official who issues the discretionary decision.Keywords: Legal Protection; Land Rights Certificate; Complete Systematic Land Registration.
The Limit Of Age Of Marriage Is Related To The Certification Of Marriage (Study Of Early Marriage Reality In Jepara Regency) Samsul Arifin; Akhmad Khisni; Munsharif Abdul Chalim
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 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.v3i2.10084

Abstract

The purpose of this study is to find out the background of the Marriage Worth certificate policy, the reality of early marriage and its impact in Jepara Regency and the Marriage Worth Certificate as an effort to reduce early marriage. The approach in this research is sociology juridical. Data collection methods in this study consisted of primary data obtained directly from the parties concerned. Secondary data consists of Primary legal materials and secondary legal materials namely materials that provide primary legal explanations. As an explanation, tertiary legal materials are given.From this study it can be concluded that the background to the emergence of a Marriage Certificate policy is that divorce rates are increasing, women's reproductive health is problematic, the number of stunting children is caused by teenage mothers and increased domestic violence. Reality the number of early marriages in Jepara Regency increased significantly in 2019 3.16% for men and 3.45% for women. From 9041 marital events dominated by the North Jepara region. The reason is also the local cultural factors that are influenced by the social system and the tradition of young marriage which is inherited in the family. While the impact of making children drop out of school, loss of reproductive rights of children due to having to get pregnant and give birth at a young age, the number of LBW that can lead to the stunting of the Marriage Right Certificate Policy as an effort to prevent early marriage, is very welcomed by various parties and religious leaders as marriage requirements for Catholicism and Hindu. In order to increase family fortune and become a sakinah, mawaddah and rahmah (mercy family).Keywords: Marriage Age Limit; Marriage Certificate; Early Marriage.
The Crime of Witchcraft and Vigilante Action (Eigenrichting) Syamsuddin Syamsuddin; Ridwan Ridwan; Iksan Iksan
Jurnal Daulat Hukum Vol 4, No 4 (2021): December 2021
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.v4i4.17951

Abstract

The witchcraft incident in Bima Regency has threatened the safety and security of human life, witchcraft has triggered people to take vigilante actions (Eigenrichting) as a counter reaction by means of destruction, persecution and even murder. This study aims to determine public perceptions related to witchcraft, and also to find out why witchcraft always results in mass vigilante action (Eigenrichting) so that prevention and resolution efforts can be formulated. This study uses empirical or sociological research, data collection is carried out by direct and structured interviews and through literature study, while drawing conclusions using inductive methods. The results showed, first; In the period 2016-2021, there were 53 cases of alleged witchcraft practices in Bima Regency, damaging the social order and disrupting community stability. The community considers witchcraft as a dangerous or evil act, because the motive and purpose of using witchcraft is to torture, and/or kill human souls; Second; The behavior of witchcraft has led to vigilante actions (Eigenrichting) in some people, this is due to the existence of a legal vacuum that has not regulated the act of witchcraft and how to solve it legally. The act of vigilantism (Eigenrichting) appears as a form of reaction that arises from the community due to their rights and comfort being disturbed, which action is manifested in the form of violence as an act of revenge against the perpetrators of witchcraft. The juridical conclusion that the terminology of witchcraft and vigilante acts (Eigenrichting) have not been specifically regulated in the current laws and regulations as prohibited acts and are threatened with punishment. As a suggestion that the terminology and elements of the criminal act of witchcraft in the current Criminal Code Bill need to be expanded further, as well as the system of proving the crime of witchcraft in the Indonesian criminal procedure law needs to obtain further, more complete arrangements.
The Role Of Visum Et Repertum As A Provision Effort On Criminal Financing Lilik Eko Sukaryono; Amin Purnawan
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.v3i1.8408

Abstract

In the process of investigating criminal cases of persecution relating to the body, health, and human lives, it requires the assistance of a medical expert. The assistance of a doctor with his medical science of justice as stated in the Visum et repertum which he made is absolutely necessary. The formulation of the problem that was formed in this study is how the role of visum et repertum as evidence in the implementation of court cases of persecution in the Blora State Court, and what obstacles and solutions that occur in the form of evidence visum et repertum in cases of criminal abuse. Juridical sociology as an approach method used in this study with research specifications with descriptive methods. The data used consisted of primary data and secondary data using interview and literature study methods. Based on the research it was concluded (1) The role of Visum et repertum in the case of mistreatment in case decision number 184 / Pid.B / 2018 / PN Bla, the judge weighed on the elements in Article 351 paragraph 1 of the Criminal Code in which the result was a feeling of discomfort, pain or injury, which is based on evidence in the form of Visum et repertum on the victim's body. (2)Obstacles in proving in the form of visum et repertum in cases of torture include the qualification of wounds based on the legal needs confusing a doctor, standardization of the determination of the degree of injury to be poured on the Visum et repertum, Provisions for the signing of the post visum et repertum letter by the doctor, Request for visum et repertum which is lacking / incomplete, Visum Request Letter arrives late. Keywords: Visum Et Repertum; Evidence; Criminal Acts Of Persecution.
Accountability for Motorized Vehicle Owners Used By Children in Traffic Accidents (Case Study on Supreme Court Decision Number 1029 K / Pid.Sus / 2015) Yanto Risdianto; Lathifah Hanim
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.v3i1.8730

Abstract

The formulation of the problem in this study are: 1) parts of criminal liability of the owner of a motorized vehicle whose vehicle was used in a traffic accident Case Study of the Decision of the Supreme Court of the Republic of Indonesia Number 1029 K / Pid.Sus / 2015? And 2) how is the legal protection of children as perpetrators in traffic accidents Case Study of the Supreme Court's Decision No. 1029 K / Pid.Sus / 2015?The method used by researchers is juridical sociological legal approach and the specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained from interview field studies. And secondary data obtained from literature studies relating to the theory of criminal liability and legal protection.Based on the results of that study The criminal liability of the owner of a motorized vehicle whose vehicle is used in a traffic accident by a child is not held accountable even if only as an inclusion, the child who commits a traffic violation or a traffic crime is the sole offender, even if the motorized vehicle used by permission of an adult, both his parents or other vehicle owners. The legal protection of children as perpetrators in traffic accidents has not been fulfilled as in the Supreme Court Decree No. 1029 K / Pid.Sus / 2015, the vehicle owner who surrendered his vehicle (car) was only made a witness in a traffic accident that resulted in a victim died, and the child became the sole culprit.Keywords: Liability; Criminal; Motorized Vehicles; Children.
Criminal Aspects Of The Fiduciary Guarantee Transfer As Decision Basis On Criminal Justice Process Suwanto Suwanto; Sri Kusriyah Kusriyah; Bambang Tri Bawono
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.v3i1.8405

Abstract

The research problems are: What is the criminal aspect to the transfer that occurred on fiduciary as the basis for the decision in the court proceedings? The approach used in this research is normative juridical approach or the written law (law/statute approach), This approach is also known by the literature approach, namely by studying books-books, legislation and other documents related to this research. The study concluded that the diversion of the object fiduciary by the debtor without the consent from creditors including activities that violate the rights of creditors as the recipient of fiduciary protected by the Fiduciary Law, specifically Article 36 of Act No. 42 Of 1999 On Fiduciary.Keywords: Criminal Aspects; Fiduciary Guarantee Transfer; Criminal Justice.
Implementation Of Village Funds In Implementation Of Development As An Effort To Improve Community Welfare In Kadiwono Village, Bulu District, Rembang Regency Ahmad Ridwan; Widayati Widayati
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.v3i1.8778

Abstract

One of the most important things in Act No. 6 of 2014 on Villages is the existence of special rules contained therein which contain regarding village funds. Research will answer the problem formulation that is how the implementation of village funds in the form of implementation of development in the Kadiwono Village, Bulu District, Rembang Regency. The method of approach in this research uses the sociological juridical method with the research specifications descriptively analysis. The data used for this study are primary and secondary data taken from field observation, interviews, and literature study methods. Based on the research concluded in 2019, Kadiwono Village, Bulu District, Rembang Regency obtained Village Revenues totaling Rp 1,500,432,113 consisting of village funds, tax revenue-sharing, retribution sharing, village fund allocation, provincial financial assistance, district financial assistance, and the remaining 2018 budget (SILPA). In village expenditure, Kadiwono Village divides 4 areas in village expenditure through the allocation of village funds, namely (1) the field of village governance, (2) development, (3) community development, (4) and community empowerment.Keywords: Village Funds; Development; Public Welfare.
Investigation Of The Crime Of Embezzlement In Property Oliestha Ageng Wicaksana; Umar Ma'ruf
Jurnal Daulat Hukum Vol 3, No 3 (2020): September 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.v3i3.11246

Abstract

The purpose of this research to find out and analyze the process of investigating criminal acts of embezzlement in positions in the Ciamis Police jurisdiction, obstacles in the process of investigating criminal acts of embezzlement in positions in the Ciamis Police jurisdiction, and analyzing solutions in overcoming obstacles in the process of investigating criminal acts of embezzlement in positions in the region the law of the Ciamis PoliceThis study uses an empirical juridical approach with descriptive analysis research specifications. The data used are primary data and secondary data obtained through interviews and literature study. The data analysis method used was qualitative analysis. Furthermore, based on the results of the research, it can be concluded: Investigations on suspects of embezzlement in positions in the Ciamis Police jurisdiction with Police Report case Number: LP / 74 / B / III / 2019 / JBR / SPKT Res Ciamis, March 30, 2019 on behalf of the reporter OHT Bin JA, namely as follows: Crime Scene Examination, Investigation, Preparation of Minutes, Examination of evidence: Search, confiscation, Expert statements, arrest or detention and examination of suspects, Resume and submission of files Obstacles: not everyone knows, hearing of a criminal act of embezzlement who wants to report to the legal apparatus (police), there is collusion of a neat series of cooperation from top to bottom in the criminal act of embezzlement in a position so that it is difficult to find and because of the shrewdness of the accused or the embezzler in the position itself, the cleverness of the perpetrator criminal embezzlement in a position to cover up his crimes, especially with the advancement of technology today. Solutions in overcoming obstacles in the process of investigating criminal acts of embezzlement in positions within the jurisdiction of the Ciamis Police: Investigators must provide a sense of security if there are people who know of criminal acts of embezzlement in their positions in the jurisdiction of the Ciamis Police.Keywords: Investigation; Crime; Embezzlement.
Legal Flexibility in Children Diversion Which Conflict With the Law (ABH) Case Study At Ex Residency of Cirebon Jurisdiction Muchammad Qomaruddin Qomaruddin; Gunarto Gunarto; Aryani Witasari
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.v3i1.8456

Abstract

Along with the development of the juvenile justice system practices that have been implemented so far as regulated in Act No. 11 Of 2012 on Child Criminal Justice System (Act of SPPA).The problems of this study are: the flexibility of implementation of diversion in the case of ABH at Ex Residency of Cirebon Juridiction, problems that exist and occur in carrying out the diversion case of ABH in the Ex Residency of Cirebon Jurisdiction, diversion in Case of ABH solutions in the future will come.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. While the sources and types of data in this study are primary data obtained from the field study interview. And secondary data obtained from the study of literature.Based on the results of research that In accordance with Act No. 11 Of 2012 on Juvenile Justice System, flexibility implementation of new diversion is the stage, which can be done at this stage of the investigation in Children Investigators, or at what stage in the Prosecuting Attorney of the Child, as well as examination by the Child Justice. Hampered that diversion is restricted by a minimum penalty of which may carry out a diversion, even if the victim and the perpetrator (ABH) has  versioned, it turns out if the criminal threat is more than seven (7) years, the diversion that has made News The event can be canceled and further processed to court for trial. Supposedly back in the Draft Bill which is being processed in the House of Representatives of Indonesia, should attempt a diversion in case the child is not constrained by the threat of punishment, because diversion is only mediation enforcement between criminal and victim that in application not sure in agreement.Keywords: Flexibility Law; Diversion; Children; ABH

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