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<![CDATA[Judgment Considerations Policy In Decree Of The Court Criminal Statement Based On Criminal Destination ]]>
<![CDATA[Sulistiyawan Doni Ardiyanto]]>;
<![CDATA[Eko Soponyono Soponyono]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8409
<![CDATA[Crime theft is usually influenced by several factors, such as livelihoods with neatly organized networks or syndicates or some that do so due to economic pressures that force the offender to commit the crime because in his mind there is no longer a way out other than stealing. The formulation of the problem in this research is What is the judge's judgment policy in deciding cases of theft based on criminal destinations in the Draft Law of the Criminal Code, and in Act No. 48 On judicial power ?. The method of approach used is sociological juridical. This type of research is descriptive method. Source of data used from primary and secondary data. In this case the judge in providing a criminal decision must provide the benefit of the convicted person to undergo his conviction and life after leaving the prison to return to the community again. Because the provision of an unfair criminal will affect the survival of the convicted person. The purpose of punishment is as a judge's consideration in deciding the theft of criminal case which is supported by a juridical element in Article 56 of the Criminal Code Bill, and Act No.48 of 2009 On Judicial Power in Article 5 paragraph (1) and Article 8 paragraph (2).Keywords: Judge's Considerations, Theft of Crimes, Criminal Purpose.]]>
<![CDATA[Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal ]]>
<![CDATA[Sisno Pujinoto]]>;
<![CDATA[Anis Mashdurohatun]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i2.10085
<![CDATA[The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.]]>
<![CDATA[The Practical Barriers to Auction of Confiscated Objects for Corruption Crime ]]>
<![CDATA[Gholibuddin Zuhairmanto]]>;
<![CDATA[Retno Saraswati]]>;
<![CDATA[Kornelius Benuf]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i1.18555
<![CDATA[This study aims to determine the implementation of the auction of confiscated objects of corruption carried out by the Kulon Progo District Attorney, as well as to find out the obstacles that exist in the process of auctioning confiscated objects of corruption. This study uses a research method with an empirical juridical approach, and a descriptive analytical research specification. This research was conducted at the Kulon Progo District Attorney's Office. The crime of corruption in recent decades has become an issue that has been widely discussed in both print and electronic media by all members of the public, because several persons suspected of committing a criminal act of corruption cannot be separated from office holders in Indonesia, consisting of executives, Legislative and even up to the Judiciary. Based on the research results, it is known that the auction implementation based on PMK No. 27/PMK.06/2016 concerning Instructions for Implementation of Auctions and PMK No. 13/PMK.06/2018 Concerning the Auction of Confiscated Objects, State Loot, or Executed Confiscated Objects Originating from the Prosecutor's Office of the Republic of Indonesia. The obstacles encountered by the Kulon Progo District Attorney's Office in the auction process, such as in the case of correspondence between the Prosecutor's Office and the KPKNL, the length of time the results of the trial came out which could result in a decrease in the value of the confiscated goods. Problems related to the implementation of electronic auctions are also still an obstacle.]]>
<![CDATA[The Legal Power of Public Officers' Decisions Successful in Public Courts ]]>
<![CDATA[Aji Sudarmaji]]>;
<![CDATA[Masrur Ridwan]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i1.20477
<![CDATA[The aims of this research is to know one of the causes of the emergence of civil cases is the decision of public officials that support and benefit one party, and harm the other party. They feel even more disadvantaged, and feel they have been treated unfairly, because the culprit is considered the source of the problem, namely the decision of the public official who can no longer be challenged in the PTUN (State Administrative Court). The approach used in this research is a normative juridical research method. The object analysis used a qualitative approach, with reference to the existing legal norms in the legislation. The primary data that became the initial basis were civil cases in the Pemalang District Court and the Serang District Court. A birth certificate which is issued if it is not in accordance with and contradicts the applicable legal provisions, it is still possible to be canceled or declared invalid and has no binding legal force by a court decision. However, a birth certificate can be valid and cannot be canceled if it meets certain conditions, both formal and material requirements. In order to cancel a birth certificate, if it is suspected that the issuance is not in accordance with the applicable legal provisions, then the injured party can file a cancellation lawsuit and declare it invalid and does not have binding legal force to the State Administrative Court, but if the submission is in conflict with the provisions of Article 55 of the Law on State Administrative Courts, there is still an opportunity to submit it to the General Court, namely the local District Court to declare that the birth certificate is invalid and has no binding legal force.]]>
<![CDATA[The Efforts to Prevent & Eradicate Criminal Acts of Spreading Fake News and Hate Speech ]]>
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i1.20205
<![CDATA[The purpose of this study was to identify and analyze efforts to prevent and eradicate the crime of spreading fake news in the community and to identify and analyze law enforcement against Article 28 paragraph (1) of Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions. Advances in technology have had many impacts on people's lives, including in terms of information and social interaction in society. The absence of boundaries in cyberspace often makes someone less wise in using social media on the internet. One of them can be seen in the issue of spreading fake news. The approach method used in this research is a sociological juridical approach. The results of this study indicate that efforts to prevent criminal acts of spreading fake news can be done through digital literacy and do not share or broadcast in cyberspace, unless the truth is known. Meanwhile, the repressive efforts made by the government against the crime of spreading fake news are the existence of the criminal provisions of Article 28 paragraph (1) of Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions. The novelty of this study is for law enforcement against the crime of spreading fake news starting from investigation, prosecution, examination of court trials to court decisions.]]>
<![CDATA[The Prohibition of Civil Servant (ASN) in Actions to Benefit Prospective of Regional Head in Public ]]>
<![CDATA[M Hary Rubianto]]>;
<![CDATA[Ardiansyah Ardiansyah]]>;
<![CDATA[Bagio Kadaryanto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i1.18498
<![CDATA[This research aims to understand the correlation between ASN and Regional Head Election (Pilkada) as election for choose leader by democratic based on principle of direct, general, free, confidential, honest and fair which submitted by party political or combined party political. About implementation, right choose of Civil Servant or abbreviated with ASN prohibited to declare openly to public to invite choose one of candidate so that tend becomes form "campaign" or endorsement. However thus, level violation to implementation Pilkada simultaneously which ruled by government. This research used Socio Legal Research on phenomenon law which there is in public election and approach problem used a case approach. The conclusion show that the implementation of the banning the ASN in Bengkalis on Regional Head Candidates 2020 not yet done with good. Because still many found ASN which no neutral. It is caused the existence connection family Among ASN with candidate regional head, ambition of career position, no clear dan nothing strictly rules, weakness enforcement law.]]>
<![CDATA[The Legal Protection of Criminal Action on Child Addiction ]]>
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Suardi Rais]]>;
<![CDATA[Rasty Amalia Farouk]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i1.18117
<![CDATA[The aims of this research is the practice of abdicating responsibility and illegally claiming offspring on Child neglect. This is due to such as economic and social factors and mental illness. The law explicitly designs forms of child protection as stated in Article 5 of Act No. 23 of 2004 "every child has the right to worship according to his religion, think and express according to his level of intelligence and age under the guidance of his parents and guardians" but what happened was so many children who live on the streets due to the absence of parents as full responsibility. The long-term goal of this study is to find out specifically the causes of child neglect in Bonebolango district, as well as to explore the factors that cause a child to be neglected, this research can be achieved in the future, giving birth to benefits for all legal scientists. The research method was used in this study was empirical/sociological type of research where the researcher would go directly to the field to conduct in-depth research and assessment. The research results obtained are 1. Factors that hinder the legal protection of criminal acts of child neglect in Bone Bolango Regency based on the results of the study, namely the factors of facilities and infrastructure that are still inadequate, and law enforcers who are still considered incompetent in handling cases of child neglect so that strength is still needed. 2. The form of legal protection for the criminal act of child neglect in Bone Bolango Regency can be seen from several elements such as (not discriminating against children) which means that it does not discriminate against children.]]>
<![CDATA[The Implementation of Good Governance Principles in Admission of Prospective Civil Servants ]]>
<![CDATA[Carolina Da Cruz]]>;
<![CDATA[Sri Kusriyah]]>;
<![CDATA[Widayati Widayati]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i1.20476
<![CDATA[The aims of this study are as follows: To analyze and determine the implementation of the principles of good governance in the recruitment of prospective civil servants in Timor Leste and to analyze and determine the factors that influence the implementation of the principles of good governance in the recruitment of prospective civil servants in Timor Leste. The method used by the researcher was a sociological juridical approach and the specifications in this study are descriptive. The results of the research that the implementation of the principles of good governance in the recruitment of prospective civil servants in Timor Leste is wisdom and confidentiality, justice, honesty and integrity, equality, exclusivity regime, conflict of interest, kinshipan integral part of good governance. Factors Affecting the Implementation of Good Governance Principles on the Admission of Candidates for Civil Servants in Timor Leste, as follows: The legal factor itself, namely the entire legislation governing the implementation of Civil Servant Candidate (CPNS/ASN) acceptance. Law enforcement factors, namely people who carry out the law, especially law enforcement officers, in this case are focused on local government officials who are entrusted with the duties and responsibilities by laws and regulations to carry out the selection of CPNS/ASN acceptance. Legal culture factor, namely the habits that apply or are enforced to solve any problems that arise from local government activities in the context of accepting CPNS/ASN. The novelty showed that ability factor of Human Resources (HR), namely the personal circumstances of local government officials who are entrusted with the task of accepting CPNS/ASN and people who submit applications to become CPNS/ASN.]]>
<![CDATA[The Police's Effort in Commanding Criminal Acts of Violence in Football Champion ]]>
<![CDATA[Satria Diaz Pratama Putra Pratama Putra]]>;
<![CDATA[Eko Soponyono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i1.18512
<![CDATA[Cases of violent criminal acts that occurred during football champion in Wonosobo Regency were found in the Wonosobo District Court Decision with case register number 117/Pid.B/2020/PN.WSB with imprisonment for each of 5 (five) months. The method used is juridical empirical research, descriptive research specifications, data sources obtained through secondary and primary data, data collection by literature study and interviews or interviews, qualitative data presentation methods and qualitative data analysis. Based on the results of the study, it was concluded that the panel of judges paid attention to the legal facts as stated in Article 170 paragraph (1) 1 of the Criminal Code, whose elements are: First, the element "whoever", second "openly and collectively", third "using violence against people or goods". Countermeasures by the Wonosobo Police are carried out with penal efforts, namely making arrests, subsequent investigations by transferring the completed case files to the Wonosobo District Attorney for further delegating the case to the Wonosobo District Court for trial. The implementation of non-penal efforts is to coordinate with the organizing committee and carry out escorts during football champion.]]>
<![CDATA[The Narcotics Abuse Rehabilitation for Police Members by the National Narcotics Agency (BNN) ]]>
<![CDATA[Avrila Anzani]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i2.20935
<![CDATA[The implementation of the existing rehabilitation so far has been going quite well, although there are still shortcomings to ensure rehabilitation which is influenced by several factors. Factors that affect rehabilitation come from internal as well as from external, including the understanding of investigators and judges related to rehabilitation and narcotics crime, deviations that occur in the implementation of rehabilitation. The purpose of this paper is to describe the rehabilitation carried out by the Lido Narcotics Agency for members of the police. Those caught with narcotics can return to their functions. The research method used a qualitative method which was intended to obtain data regarding the effectiveness of the rehabilitation program carried out by the Lido National Narcotics Agency for members of the Indonesian National Police who were caught with narcotics.]]>
