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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 Effectiveness of the Rehabilitation of Islamic Boarding Schools Responsibilities as a Method of Healing of Drug Abuser Jawade Hafidz
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.v5i2.19310

Abstract

This research aims to know about rehabilitation, narcotics addicts and narcotics abusers who are proven victims are required to undergo and carry out medical rehabilitation or undergo social rehabilitation. In terms of social rehabilitation, Article 57 of Act No. 35 of 2009 states that "other than through medical treatment and/or rehabilitation, the healing of narcotics addicts can be carried out by government agencies or the community through religious and traditional approaches". The approach used in this research is normative juridical or library law research or doctrinal legal research. Generating Religious Awareness is a process rather than the accumulation of all life experiences which are recognized as reflections of philosophy and outlook on life, thus presenting positive values. Nashori mentions that the state of consciousness is a process of maturation resulting from the development of religious character and continued as a spiritual journey. The awareness process used is termed in the Tarekat Qodiriyah Naqsyabandiyah (TQN) as Tazkiyatun Nafsi or cleansing the soul from various diseases or impurities of the heart, such as: stingy, ambitious, jealous, stupid, hedonistic, and various other despicable morals. Pondok Pesantren not only intends to awaken victims of narcotics abuse, but by using the method of Islamic teachings or religious therapy for the healing process or rehabilitation for patients or victims of narcotics abusers. There are several obstacles faced in rehabilitation activities in Islamic boarding schools for narcotics abusers, including
The Legality of Cryptocurrency Transactions in Indonesia Alum Simbolon; Desy Indriani Grace 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.v5i3.26722

Abstract

This study aims to know the cryptocurrency is a digital currency that is used as a medium for transactions or payments between people online (peer to peer). Cryptocurrencyis a virtual currency that is protected with a secret code that is complex enough to protect and maintain the security of the value of the currency. Several types of cryptocurrencies include ethereum, ripple, litecoin, dogecoin, mrai, dashcoin, and so on. Currently, cryptocurrency is an investment instrument that is quite attractive to the public, the popularity of crypto investment itself can be seen from the increasing number of cryptocurrency investors. Therefore,The Commodity Futures Trading Supervisory Agency (CoFTRA) of the Ministry of Trade as a regulator that oversees cryptocurrencies in Indonesia has begun to tighten supervision of crypto asset trading. The research used is normative legal research with a statutory and conceptual approach. The research stages were carried out by analyzing the Commodity Futures Trading Supervisory Agency Regulation Number 7 of 2020 concerning the Determination of the List of Crypto Assets that can be Traded in the Crypto Asset Physical Market (PerCoFTRA Number 7 of 2020), and Act No. 7 of 2011 concerning Currencies, to find out cryptocurrency legality in Indonesia. The protection carried out on crypto assets is by first registering the type of cryptocurrency with CoFTRA to be analyzed and determined to be tradable or not. The determination of tradable crypto assets is carried out through the Analytical Hierarchy Process (AHP) valuation method which has several assessment criteria that must be met, where the conditions for crypto assets that can be traded on the physical asset market must be guided by CoFTRA No. 7 of 2020.
Comparison of Civil Law and Common Law in Australia and Surrounding Countries Steffany Steffany
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.v5i3.24389

Abstract

This study aims to determine the legal system can be interpreted in two ways. First, the legal system is defined as a unit of components or elements (sub-systems) as follows: material law-formal law and civil law-public law. Included in this view are those who see the legal system as a unity between various laws and regulations with legal principles. Second, the legal system is defined as a unity of components: legal structure, legal substance, and legal culture. Eric L Richard, an expert in global business law, divides the main legal systems into six legal families: Civil law, Common law, Islamic law, Socialist law, Sub Sahara Africa, and Far east. This research is a qualitative research with a historical juridical approach that describes the legal history of how civil law and common law apply in various countries. By collecting data in the library supported by primary and secondary data according to the chosen topic. In general, based on how law is produced and implemented, there are two legal systems known in the world, namely, civil law and common law. The two legal systems have their own history and differences.
The Assimilation and Integration Rights for Prisoners as Over Capacity Prevention Effort in the Covid-19 Pandemic Saharuddin Saharuddin; Mawardi De La Cruzz; Haritsah Haritsah; Rahmawati Rahmawati; Rommi Y Hiola
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.v5i3.23032

Abstract

Overcapacity Prisons in Indonesia are currently at an alarming stage, including the Class II A Gorontalo Prison, data shows that the prison population is 475 inmates while the prison can only accommodate 330 inmates. Such conditions are worrying in the midst of the COVID-19 pandemic, considering that the process of spreading this virus is so fast and can be transmitted to anyone. So that in the context of preventing and dealing with Covid-19, it is impossible to implement social restrictions in prisons, for example the application of social distancing. Various efforts have been made by the government to break the chain of the spread of this virus, with the issuance of Minister of Law and Human Rights No. 10 of 2020 and Kepmenkumham No. 19 of 2020 to ensure the safety of prisoners in prisons, but in reality, it has drawn criticism and caused its own unrest in the community. The specific purpose of this research is to find out and analyze the implementation of granting assimilation and integration rights for prisoners and to find out the form of anticipating strategies for overcapacity of Class II A Gorontalo prisons during the Covid-19 pandemic. The type of research used is empirical research, namely research with field data as the main data source, such as the results of interviews and observations. The results of this study indicate that (1) the implementation of granting assimilation and integration rights for prisoners is based on the regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 10 of 2020 and the Decree of the Minister of Law and Human Rights of the Republic of Indonesia No. M.HH-19 PK.01.04.04 of 2020. (2) The strategy to anticipate over capacity by the Class II A Gorontalo Penitentiary During the Covid 19 Pandemic was taken in several stages: a) Orientation Admission, b) Orientation Assimilation, c) Orientation Integration, and d) Assimilation.
The Legal Review Regarding Copyright Protection of Songs from Unauthorized Song Cover Actions Rachmat Satyo Krismanto; Luluk Lusiati Cahyarini
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.v5i3.23078

Abstract

The copyright infringement is an act prohibited by the law, in practice copyright infringement is divided into several forms of song piracy in Indonesia which results in losses from the creator and the state, therefore the government tries to enforce copyright law. Problems in writing this scientific paper are related to forms of violations, arrangements and legal protection efforts for the rights of songwriters in Indonesia. This research uses a normative juridical approach. Meanwhile, the conclusion of this study is that an activity does not include copyright infringement as long as the acts and covers related to the song's artwork are noncommercial and the creator also gets benefits without objection to the activity. On the other hand, we also need to know that there are a lot of Indonesians who cover and upload it on social media in the form of Youtube, Instagram and Tiktok. Article 43 and Article 44 of the Copyright Act explain the criteria for whether the activity meets the elements of copyright infringement or not. As for legal protection efforts, one of them is by preventing (preventive) and cracking down (repressive). One way is by socializing with the community. Although of course the government has also taken many related actions, with maximum results. But for us, it is not the wrong thing to remind each other about copyright infringement.
The legal Consequences of Default of Parties in the Lease Agreement between PT. Kereta Api Indonesia (PT. KAI) with PT. J.Co Donuts & Coffee Nurma Khafifah; 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.v5i3.23918

Abstract

The development of the rental business can not be denied can experience a problem along with its development, such as the problem of default that occurred between PT. J.Co Donuts & Coffee with PT. Kereta Api Indonesia (Persero). PT. J. Co Donuts & Coffee (the plaintiff) leased assets from PT. Kereta Api Indonesia (defendant) in the form of land and buildings for a period of 5 years. After the defendant made the payment for term I, the defendant did not immediately hand over the object of lease to the plaintiff to be used as a J.Co Donuts & Coffee store so this matter was brought to court. In the decision of the Supreme Court No. 211/K/PDT/2020, the judge decided that PT. KAI has defaulted by not handing over the object of the lease to PT. J.Co Donuts & Coffee. This study aims to determine the form of default and the legal consequences of the default dispute. The method used in this legal research is a normative juridical approach. The specifications used in writing this law are descriptive analytical. While the method used is a qualitative method. The results of the study indicate that the judge has decided on this case correctly, namely that the defendant has defaulted due to an error due to negligence. Furthermore, researchers also examine the legal consequences that arise in the decision of the Supreme Court no. 211/K/PDT/2020.
The Imposition of the Final Transfer of Rights to Land and/or Building Tax (PPHTB) in the Sale and Purchase Binding Agreement (PPJB) Reza Ananda Kurniasari; Siti Malikhatun Badriyah
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.v5i3.23916

Abstract

The making of a binding sale and purchase agreement (PPJB) before or by a notary is subject to a tax on the transfer of rights to land and/or buildings, one of which is in the form of income tax on land and/or buildings (PPHTB) which is final. This study aims to discuss the imposition of the final PPHTB on the Sale and Purchase Binding Agreement (PPJB). The method used in this study was a normative research method. Normative or library research method was a method used by means of research on library materials or documents with the aim of reviewing existing written regulations. The assessment was carried out using a normative juridical method. The result of this study is that the imposition of the final PPHTB on the Sale and Purchase Binding Agreement (PPJB) is considered inappropriate, because in the making of the Sale and Purchase Binding Agreement (PPJB) the ownership rights to land and/or buildings have not yet been transferred but only occurred when the Sale and Purchase Deed was signed.
The Principles of the Welfare Law State in an Islamic Perspective Sri Kusriyah
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 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.v5i4.26590

Abstract

The principles of a welfare state are a choice of state system in most countries in the world. Islam as a religion for all mankind and mercy for the natural environment, has principles on how to regulate the state so that it can provide benefits for human life, this paper aims to find out how the principles of a welfare state and an Islamic perspective. The method used in this paper uses normative juridical methods, the data required is in the form of secondary data with technical data analysis using qualitative analysis. The results of the discussion show that Islam as a teaching has the principle that the people have the right to welfare, and the state/government is obliged to promote welfare, educate the people's lives, and must even be active in all aspects of life towards the welfare of its citizens a. Freedom from poverty, b. freedom to choose a lawful job, c. property rights function socially, d. the right to education, e. the right to welfare. The principle of welfare in Islam is directed to achieve the system. a. The system of Islamic society is a system of social life that is advanced, mobile and active, capable enough to build a modern and advanced society, b. The Islamic social system with its recognition of the five human rights and legislation for social security, has the power to eradicate poverty, stupidity, cowardice and inferiority complex, c. The Islamic social system is suitable for all Muslims and non-Muslims, because the basics and rights according to this system are equally distributed to all residents without exception, d. The Islamic community system includes the people and the government in implementing social security, e. The Islamic society system is easy to form, not rigid, can be practiced at any time in accordance with the times and the movement of progress.
The Formulation of the Idea of Forgiveness in Indonesian Criminal Law Policy (A Study Based on Restorative Justice & Pancasila Values) Ira Alia Maerani; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 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.v5i4.24290

Abstract

This study aims to analyze the idea (value) of forgiveness as the noble value of the Indonesian nation into a national legal product. History records that in various literatures, when various national problems were recorded, it was revealed that the idea, nature, value of forgiveness became one of the key values for the success of the Indonesian nation in reducing various kinds of criminal and social conflicts problems in society. So that the expected restorative justice for those who are litigated can be achieved. Indeed, the Indonesian people are familiar with this non-penal problem model through deliberation as a step in implementing the values of Pancasila. However, considering that national legal products still use legal products inherited from the colonialists, there are differences in the values adopted by the colonial nation and the noble values of the Indonesian nation. The subject studied in this study is to determine the provisions of the idea of forgiveness in the current positive criminal law policy (Ius Constitutum; future criminal law policy (ius constituendum) and efforts to reconstruct national criminal law policies by prioritizing the idea of Forgiveness as the noble values of the Indonesian nation is based on restorative justice and the values of Pancasila. The research method used in this study is a normative juridical approach. Types and sources of data used are secondary data with data collection methods are through document studies and literature studies. The expected result of this research is the internalization of the value (idea) of forgiveness in national legal products; the accommodation of restorative justice as a solution to various legal and social problems in society; there is the principle of legality and legal certainty in applying restorative justice by law enforcement; and growing confidence to put forward the values of Pancasila in solving legal conflicts and social problems in society.
The United States' New Military Act Policy Causes China to be Angry because Interfering in to Taiwan Issue Ma Tian Yu
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 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.v5i4.22275

Abstract

This study aims to analyze international policies, especially the military and politics of major countries, including the US and China. It should be noted that several months ago US government representatives made political visits to Taiwan, even as much as 2x, this is very sensitive regarding the heating up relations between China and Taiwan. Plus the Chinese Government expressed anger at the United States defense law that increased military assistance to Taiwan. Meanwhile Taiwan supports the new US law because it helps improve the security of the island. China, which regards democratically-ruled Taiwan as its own territory, expressed "strong dissatisfaction and firm rejection" of the US National Defense Authorization Act, said China's Foreign Ministry in a statement as reported by Reuters news agency, on Saturday, December 24, 2022. The law provides for a US$ 858 billion military spending budget, which includes up to US$ 10 billion in security assistance and fast-track weapons procurement for Taiwan. China says the law contains provisions that cause serious harm to peace and stability in the Taiwan Strait.

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