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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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The Law Enforcement against Alcoholic Drinks Habits Leni Dwi Nurmala; Robby Waluyo Amu; Dince Aisa Kodai; Nurwita Ismail; Yusrianto Kadir
Jurnal Daulat Hukum Vol 5, No 2 (2022): June 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.v5i2.19099

Abstract

The problem of alcohol abuse in various circles, both in society and among teenagers, has become a problem that continues to experience a very significant increase and tends to increase every year. When teenagers or people have the habit of consuming liquor, it can lead to crime, in various forms that vary greatly, for example juvenile delinquency, fights, the emergence of juvenile gangs, thuggery, immoral acts and others. Juridically there is no prohibition of liquor or alcoholic beverages, but only on the regulation of procurement, distribution, sale and control. The existing laws and regulations in Indonesia have not been able to fully accommodate to be able to control the circulation of alcoholic beverages because some of the regulations that have been spread have not been specifically and comprehensively able to suppress the circulation and even prevent alcoholic beverages in the community. As a result, regulations at the lowest level (regional regulations) can only carry out prevention locally at the provincial level which has regional regulations concerning the Control and Supervision of alcoholic beverages, such as Gorontalo Provincial Regulation No. 16 of 2015. The Gorontalo Provincial Government considers it very important that the control and supervision of the circulation of alcoholic beverages must be carried out in order to prevent disturbances to peace, order and public security.
The Historical Study of Prostitution Practices and Its Fiqh Analysis Moh Ashif Fuadi; Moh. Mahbub; Irma Ayu Kartika Dewi; Martina Safitry; Sucipto Sucipto
Jurnal Daulat Hukum Vol 5, No 2 (2022): June 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.v5i2.20827

Abstract

The practice of prostitution in Indonesia occurred from the time of the kingdom until after independence. In this country, prostitution is illegal, and the practice still exists today; prostitution is sexual activity between sellers and buyers in pleasure in the form of money or goods. This study will explain the historical study of prostitution in Indonesia. Through a qualitative approach, collecting relevant sources of books, articles, and online media supported by a historical-sociological approach This research results in that prostitution has long appeared, including during the time of the Prophet Muhammad. In the Prophet's time, there was still a practice of adultery narrated in the hadith that a woman complained to the Prophet that she committed adultery and wanted to be punished. The practice of sexual exploitation also occurs during the working period of Islamic Mataram through the King's concubine, who religiously must not exceed the four legal wives. Likewise, in the Dutch and Japanese, there was also prostitution. Several factors cause women to get caught up in the world of prostitution that is the most powerful there are economic factors. In normative boxing, all scholars or ulama agree that the practice of adultery through anything including localization or illegal prostitution, but in the view of the social jurisprudent, KH Sahal Mahfudz argues that localization can be a way out by eliminating it gradually and minimizing the greater negative impact.
The Factors Effectiveness of Driving License Service Procedures Arnia Jovi; Umar Ma'ruf; Latifah Hanim; Rakhmat Bowo Suharto
Jurnal Daulat Hukum Vol 5, No 2 (2022): June 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.v5i2.21279

Abstract

The purpose of this study is to find out, examine and analyze what factors affect the ineffectiveness of the service procedure for making a driving license at the SIM issuance unit. In this paper, the author uses a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it is concluded that the assessment of the effectiveness of the service procedure for making a driving license is determined by 4 (four) indicators, namely resources, funds, facilities and infrastructure; the quantity and quality of the goods/services to be produced has been determined; service time limit; and service procedures. With the available resources, Satpas SIM Satlantas feel able to carry out SIM making services effectively. In the Satpas SIM Satlantas Polres environment, the SIM fee has been adjusted to the applicable regulations, namely PP RI No. 60 of 2016 concerning Types and Tariffs of Non-Tax State Revenue and is very firm for the prevention and prosecution of illegal levies from persons with indications of extortion within the Satpas SIM Satlantas environment. In addition, nowadays the issue of police operational funds has indeed become a polemic throughout Indonesia
The Legal Protection on Reporters for Corruption Crime Lusia Sulastri
Jurnal Daulat Hukum Vol 5, No 2 (2022): June 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.v5i2.21024

Abstract

Nurhayati's report through a letter to the Head of BPD Citemu, became the turning point for the uncovering of the village fund corruption case that was detrimental to the state. It turned out that the person who had uncovered the village fund corruption case was also named a suspect. Based on this, the authors are interested in studying how legal protection for whistleblowers on corruption crimes is associated with the determination of Nurhayati's suspect status for corruption in Cirebon Regency. This research used literature study with the doctrinal approach. In addition, this study also examines the ideal legal protection for whistleblowers for corruption. The results of the study show that legal protection for whistleblowers for criminal acts of corruption is not running well, as evidenced by the determination of the status of the suspect Nurhayati for Corruption Crimes in Cirebon Regency. This happens because there is no common perception of the position of the Whistleblower on Corruption Crimes as a subject protected by law between the police and the Prosecutor's Office. The ideal legal protection for whistleblowers for criminal acts of corruption is to build legal protection for whistleblowers that is integrated and obeyed by law enforcement officers. The provision of witness protection must of course start from law enforcement who is the spearhead of law enforcement, namely the police.
Investigation Process of Criminal Action Fraud Acceptance of Civil Servants Miftah Nur Asrofi; Siti Rodhiyah Dwi Istinah; Ira Alia Maerani; Sri Kusriyah
Jurnal Daulat Hukum Vol 5, No 2 (2022): June 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.v5i2.21280

Abstract

The purpose of this study is to find out and analyze the process of investigating criminal acts of fraud in the recruitment of civil servants at the Pacitan Police Resort. To find out and analyze the factors causing the occurrence of criminal acts of fraud against the acceptance of Candidates for Civil Servants at the Pacitan Resort Police. This study used an empirical juridical approach, with descriptive analysis research specifications. The data used in this research was secondary data. The method of data collection is obtained from literature study, then analyzed qualitatively. The results of this study are the process of investigating the fraudulent recruitment of civil servants has been running according to the procedures for the police to summon witnesses, summon suspects and confiscate in accordance with the Investigation Order. The factors that cause the occurrence of the crime of fraud against the acceptance of prospective civil servants or the PNS recruitment system, legislation and law enforcement. External factors are in a forced condition, there is an opportunity to do evil, in a certain party pressure and it is the nature of a person.
The Legal Due to the Naming of Street Light Taxes on Regional Taxes & Retribution Ceisar Eben Ezer Purba
Jurnal Daulat Hukum Vol 5, No 2 (2022): June 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.v5i2.21088

Abstract

The study describes the problem with the naming of Street Lighting Tax in Act No. 28 of 2009 which he practiced often led to multiple interpretations from the community, which then the community assumed that by paying a tax on the use or utilization of electricity, the people asked for a return in the form of providing public street lighting facilities around their settlements. Of course, the naming of Street Lighting Tax clearly raises problems and polemics that are still ongoing in the community, so it is necessary to get attention from the Government so that the naming of Street Lighting Tax can be placed in the right and correct position. The purpose of this research is more directed to determine the impact or legal consequences that occur on the naming of Street Lighting Tax in Act Number 28 of 2009. This normative legal research uses two problem approaches, namely the statute approach and the comparative approach. The conclusion in this study explains that the provisions of Article 1 number 28 jo. Article 52 of Act No. 28 of 2009 clearly results in obscure legal norms. So that the nomenclature or naming of Street Lighting Tax is a wrong thing if then the public is only asked to pay taxes on the use of electricity but then the public does not get in return for public street lighting facilities. So if it is compared in other countries such as Malaysia which uses the name Service Tax, in Germany it uses the name Electricity Tax which both provides returns in the form of service quality and electricity savings and control of environmental issues, while in the United States it uses the name Carbon Tax imbalance. It is closely related to the fuel that causes climate decline in the country. So that from this comparison there should be a change in the nomenclature of the Street Lighting Tax which in society often arises multiple interpretations.
The Legal History Analysis of Filling the Position of Asymmetric Regional Head in the Special Region of Yogyakarta Triwahyuningsih Triwahyuningsih
Jurnal Daulat Hukum Vol 5, No 3 (2022): September 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.v5i3.24289

Abstract

This study aims to describe aspects of the legal history of filling the position of asymmetric Regional Head in the Special Region of Yogyakarta. This research is a normative legal research with a statute approach using primary and secondary legal materials and analyzed qualitatively descriptively. The results of the study indicate that the study of legal history shows that filling the position of Governor of DIY through a (asymmetric) determination does not conflict with Article 18 paragraph (4) of the 1945 Constitution and Article 18 B paragraph (1). The filling of the positions of Governor and Deputy Governor can be traced in various regional government laws that have been in force in Indonesia. In Act No. 22 of 1948 concerning the Principles of Regional Government: Article 18 paragraph (5) and (6) states: "Heads of special regions are appointed by the President from the descendants of families who ruled in the area before the Republic of Indonesia and who still control the area, with the conditions of skill, honesty and loyalty and keeping in mind the customs of that area. Act No. 1 of 1957, Act No. 18 of 1965, the Basic Law on Regional Government has changed due to adapting to the latest political developments, but with regard to filling the positions of Governor and Deputy Governor of DIY, it remains through appointment and is not bound by time (for life). During the New Order, Act No. 5 of 1974. Finally, based on Act No. 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta Article 24, DPRD DIY stipulates Sultan Hamengku Buwono who reigns as Governor.
The Dispute Settlement through International Arbitration between PT. Karaha Bodas Company against PT. Pertamina and PLN Rahma Yunita Soviani; Ery Agus Priyono
Jurnal Daulat Hukum Vol 5, No 3 (2022): September 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.v5i3.23922

Abstract

Arbitration is a dispute resolution institution that uses an adversarial approach with the result that win lose chosen as an alternative by business people. Alternative dispute resolution that is currently in demand is through arbitration because it is in line with the increase in commercial transactions in the business sector both nationally and internationally. Dispute resolution through arbitration provides benefits for the disputing parties. These advantages include the confidentiality of the disputing parties, relatively cheaper costs, a fast, efficient dispute resolution process and provide flexibility for the disputing parties. International arbitration dispute resolution has a uniqueness which adheres to the principle of final and binding (last resort and binding). An international arbitral award that has been decided abroad if it is brought to Indonesia, there are two possibilities, i.e. the International arbitral award asks to be enforced or annulled. Based on the dispute between PT. Pertamina against Karaha Bodas Company that Pertamina cannot cancel the arbitration award that has been handed down by the Swiss Arbitration Board. The reasons for rejection and cancellation are as stated in the New York Convention and the UNCITRAL Model Law.
The Policy on the Granting of Permits for Change of Land Use (IPPT) in the Context of Transfer of Use of Agricultural Land to Equitable Residential Houses Wahyu Murni Setyoningsih; Ana Silviana
Jurnal Daulat Hukum Vol 5, No 3 (2022): September 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.v5i3.20870

Abstract

The increasing need for land caused by the community as a result of which there is a cultural shift in land use in Indonesia due to development demands. The purpose of this study is to find out and analyze the policy of granting Land Use Change Permits (IPPT) in the context of transferring the function of agricultural land use to residential houses in the Kendal regency area that is equitable. The approach method used in this study is an empirical juridical approach. The research specifications used are analytical descriptive research. The sources and types of data in this study are primary and secondary data through literature studies and field studies. The data were analyzed qualitatively using role theory and policy theory. The conclusion show in the Context of Transfer of Functions from the Use of Agricultural Land to Residential Houses in the Kendal Regency Areashows that land conversion is still happening and widespread due to several factors.
The Legal Protection for Customers Using Online Loan Services Irene Puteri A. S. Sinaga
Jurnal Daulat Hukum Vol 5, No 3 (2022): September 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.v5i3.26723

Abstract

Currently, financial technology (fintech) is developing rapidly in Indonesia. The number of available fintech operating companies is increasing. The role of the Financial Services Authority is very important in supervising fintech-based companies in Indonesia in accordance with their authority in the field of financial services in general. The functions and authorities of the Financial Services Authority (in Bahasa “OJK”) are contained in Articles 4 and 5 of the Financial Services Authority Law with the aim of protecting consumers from all activities in the financial sector. This is also stated in Act No. 8 of 1999 concerning Consumer Protection (Consumer Protection Law) specifically in the field of Financial Services Products. Other rules regarding fintech supervision are contained in the Financial Services Authority Regulation Number 77/POJK. 01/2016 concerning Information Technology-Based Lending and Borrowing Services. The problem discussed is how is legal protection for customers in online loan agreements? What are the steps taken by the government to protect the rights of consumers who use illegal online loan services? The research method used is a normative juridical approach. Sources and types of research data collected by library studies include primary data, secondary data and tertiary data after being analyzed qualitatively. As of the time of writing, the regulations regarding OJK supervision of fintech-based companies are still minimal, so the importance of consumer protection in Indonesian law enforcement because there are still complaints from people in Indonesia in using online loan services. As of the time of writing, the regulations regarding OJK supervision of fintech-based companies are still minimal, so the importance of consumer protection in Indonesian law enforcement because there are still complaints from customer in Indonesia in using online loan services. Therefore, the importance of the involvement of the Financial Services Authority in providing guarantees of legal protection for the public, especially customers who use online-based lending and borrowing services.

Page 33 of 36 | Total Record : 359

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