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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 Relevance of Criminal Close to the Modern Criminal Justice System
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.v5i4.27612

Abstract

This study aims to know the application of cover-up punishment in Indonesia has been regulated and as a legal basis for cover-up punishment can be seen first of all in Act No. 20 of 1946. Coverage punishment as the main crime appears through Act No. 20 of 1946 RI News II No. 24. In this article, the punishment for imprisonment is added for the Criminal Code and the Criminal Code. This punishment can be imposed on perpetrators who have committed criminal acts, but are motivated by intentions that deserve respect. Covering this system of criminal threats of cover up, it is clearly not adhered to in the Criminal Code. With the development of regulations regarding criminal law which contain new and increasingly progressive provisions, cover-up punishment still fills a place in the current list of principal crimes. In fact, the Draft Criminal Code which is currently being discussed as the Priority National Legislation Program (Prolegnas) still contains the existence of a cover-up crime as a form of principal crime. Coverage punishment, if it is related to the purpose of punishment according to the new Criminal Code Concept, it appears that the most prominent purpose of covert punishment is the protection of society. Judging from the background of the establishment of a cover sentence, there is no similarity in moral ideas from previous and future events, there are no limitations on the extent to which the intention of deserving respect can be used.
The Analysis of the Notary Regional Supervisory Board on the Storage of Notary Protocols that are more than Twenty-Five Years Evita Rizkiana
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.v5i4.27128

Abstract

The notary makes authentic deeds regarding all the deeds, agreements,  and conditions required by laws and regulations and/or are desired by interested parties to be included in an authentic deed, guarantees certainty that coincides with the making of the deed, saves the deed, distributes grosse, deposits and quotes the deed , all of that during the making of the deed was also not delegated or excluded to other officials or other people determined by law ". A message made by or in the presence of a universal official in power is said to be an authentic deed, by providing enough evidence for both parties and their heirs and all those who have the right to override all the things mentioned in the message and also about what is stated in the message. The message is only a notification, but what was later notified was directly related to the subject matter of the deed. An authentic deed has formal, material and binding strength. The profession of a notary among residents because residents need their services after that socializes them to residents.
The Settlement of Child Cases in Conflict with the Law in the Concept of Restorative Justice Muhammad Ridwan Lubis
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.v5i4.24357

Abstract

This study aims to know the application of the principle of Restorative Justice as an effort to resolve crimes committed by children even though formally and legally regulated clearly and explicitly in Act No. 11 of 2012, but formally problems also arise related to the time when the law was enforced which in Article 108. The approach used in this study is normative juridical. Factors that cause children to commit criminal acts, namely: Endogenous factors are factors that occur because of their own will, family factors, school environment factors and children's play areas, mass media factors, economic factors. Diversion as a step in diverting the settlement of child cases from the criminal justice process to processes outside the criminal justice by prioritizing the Restorative Justice approach which can be carried out by way of deliberation or mediation which emphasizes efforts to restore the family to its original state.
The Revolution of Japanese Military in the Asia Pacific based on International Military Law Point of View Watanabe Yazuru
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.v5i4.24403

Abstract

The purpose of this study was to determine the new Japanese military strategy in the Asia Pacific region and its impact on international security stability. The South China Sea conflict is one of the major conflicts for the Southeast Asia region and also the Asia Pacific region. Japan has a role in supporting countries involved in the conflict such as Vietnam. Japan promised Vietnam six patrol boats during Prime Minister Abe's visit to Southeast Asia.The approach used in this research is a qualitative approach and the type of research carried out is descriptive by explaining certain phenomena systematically, actually and accurately regarding facts, characteristics, and relationships. The patrol boat is aimed at enhancing Vietnam's capability in maritime law enforcement related to the South China Sea conflict. Japan, which is Vietnam's biggest foreign investor after South Korea, has no territorial claims in the South China Sea conflict. The South China Sea region has a big role in geopolitics because it is a meeting point between China and countries within the Association of Southeast Asian Nations (ASEAN) in terms of territory, security, natural resources and energy security. Disputes in the region include territorial sovereignty and maritime sovereignty. The South China Sea area consists of, among others, several small islands that are widely distributed, but there are two groups of islands that are much contested, namely the Spratly Islands and the Paracels. In addition, the South China Sea area is an important shipping lane and is often referred to as the maritime superhighway because it is one of the busiest international shipping lanes in the world.
The Elements of Unlawful Acts as the Basis for Lawsuits in Land Disputes Bicar Maruli Tua Sianturi; Djoko Setyo Hartono Widagdo
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.v5i4.24319

Abstract

This research aims to know the community relations if one party has violated a right and harmed another party, if it cannot be resolved amicably to provide compensation, then the party whose rights have been violated and suffered a loss can file a lawsuit to court on the grounds that there has been a violation of law carried out by other parties accompanied by accurate evidence. For a claim to be submitted to the court so that it can be accepted and granted by the judge, the reasons used as the basis for the claim must be clear and contain elements of a violation of the law. Another aims to obtain data about judges' considerations in deciding a case that falls under the qualification of unlawful acts. This research used a normative legal research with statutory and conceptual approaches. The result show the judge's consideration in deciding to grant part of the lawsuit filed by the Plaintiff because the witness evidence submitted by the Plaintiff can legally prove that the plaintiff is the legal owner of the object of the case and what is alleged in the plaintiff's lawsuit that the defendant committed an unlawful act, is it true or not? what the Defendant did complied with the elements of an unlawful act and the Defendant was unable to prove reasonable evidence.
The Legal Protection for Concurrent Creditors in the Context of Enforcing Bankruptcy Cases
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.v5i4.28922

Abstract

This study aims to find out and find out about the form of legal protection regulations given to concurrent creditors. This study uses a normative juridical approach. Basically, Act No. 37 of 2004 has provided legal protection to concurrent creditors against actions by bankrupt debtors, separatist creditors, curators and supervisory judges, namely: (a) legal protection for creditors concurrent against the bankrupt debtor: confiscation of collateral (Article 10), immediate decision [Article 8 paragraph (7) and Article 16)], silence [Article 24, Article 25, Article 27, Article 34, Article 40 paragraph (1 ), and Article 97), Actio pauliana (Article 30 and Article 41 - Article 47), forced corporal (Article 93 - Article 96), sealing of bankruptcy assets (Article 99), objections to requests for rehabilitation (Articles 218 and Article 220), and supervision of debtor communications (Article 105); legal protection for concurrent creditors against separatist creditors.
The Implications of Intellectual Property as Objects of Fiduciary Guarantee for Creative Economy Entrepreneurs Rina Talisa; Siti Malikhatun Badriyah
Jurnal Daulat Hukum Vol 6, No 1 (2023): March 2023
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.v6i1.27150

Abstract

Intellectual Property (IP) as objects of fiduciary security has not been implemented optimally in financing institutions in practice. In banking practices, the use of IP will cause problems when defaults occur or many debtors are unable to meet the legal obligation of debt repayment. The legal problems that occur related to intellectual property issues as fiduciary security are an obstacle and challenge that the government needs to fix in strengthening the rules that form the basis of intellectual property as an object of fiduciary security, especially for creative economy actors. This study aims to analyze the legal standing of IP as objects of fiduciary security in financing institutions and to analyze the application of IP to the banking sector to creative economic actors in obtaining credit. The research method that is used in this research is a normative juridical method. The research shows that the regulation regarding IP as fiduciary security is regulated by Article 16 (3) of Act No. 28 of 2014 on Copyright and Article 108 (3) of Act No. 13 of 2016 on Patents. A copyright must be registered first at the Directorate General of Intellectual Property if it is to be used as a fiduciary security because without registration there will be no fiduciary security. With the existence of IP as a fiduciary security, banking institutions with the government need to make improvements and policy breakthroughs to the laws and regulations that are adjusted to the implementing regulations related to the implementation of the imposition of IP objects as fiduciary security.
Notary's Responsibility for Covernote Issuance as the Basis for the Bank's Trust in the Credit Agreement Fa'idh Duhat; Ro'fah Setyowati
Jurnal Daulat Hukum Vol 6, No 1 (2023): March 2023
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.v6i1.27157

Abstract

Cover note as a certificate that the customer's land documents for credit applications are still in the process of certification, roya process, transfer of name, or splitting process if they are certified. However, in practice there are banks that use Covernote as a basis for credit disbursement. In matters of legal status, the Covernote issued by a Notary in the disbursement process carried out by the Bank and how the credit disbursement process by the Bank is based on the Covernote. This study aims to identify and explain the responsibilities of a Notary in publishing a Covernote and also the legal power of a Covernote. The discrepancy that occurs between the statement in the Covernote and the reality on the ground, the Notary must be responsible, whether criminally, civilly, or morally responsible.
The Elements of Unlawful Acts as the Basis for Lawsuits in Land Disputes Bicar Maruli Tua Sianturi
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.v5i4.26746

Abstract

Hubungan bermasyarakat jika ada salah satu pihak telah melakukan suatu pelanggaran sesuatu hak dan merugikan pihak lain, apabila tidak dapat diselesaikan secara kekeluargaan untuk memberikan ganti rugi, maka pihak yang haknya telah  dilanggar dan mengalami kerugian dapat mengajukan gugatan ke pengadilan dengan alasan telah terjadi pelanggaran hukum yang dilakukan oleh pihak lain yang disertai dengan bukti-bukti yang akurat. Suatu gugatan yang diajukan ke pengadilan agar dapat diterima dan dikabulkan oleh hakim, maka alasan-alasan yang dipakai sebagai dasar tuntutan haruslah jelas dan mengandung unsur-unsur adanya pelanggaran hukum. Penelitian bertujuan untuk memproleh data tentang pertimbangan hakim dalam memutus sebuah perkara yang masuk dalam kualifikasi Perbuatan Melawan Hukum. Penelitian ini bertujuan menganalisis tentang sengketa tanah yang di kaitkan dengan unsur-unsur Perbuatan Melawan Hukum. Sebagai penelitian hukum normatif dengan pendekatan perundang undangan dan pendekatan konseptual. Penelitian ini menyimpulkan bahwasannya pertimbangan hakim dalam memutuskan untuk mengabulkan untuk sebagian gugatan yang diajukan oleh Penggugat karena bukti saksi yang diajukan oleh Penggugat dapat membuktikan secara hukum penggugat adalah pemilik sah dari objek perkara serta apa yang dituduhkan dalam surat gugatan Penggugat bahwa Tergugat melakukan perbuatan melawan hukum, adalah benar apa yang dilakukan Tergugat memenuhi unsur-unsur perbuatan melawan hukum dan Tergugat tidak dapat membuktikan alat bukti yang beralasan.
The Policy of Visa-Free Visit Arrangements in Indonesia for International Visitor Nur Fatehi; Ade Riusma Ariyana; Devina Arifani
Jurnal Daulat Hukum Vol 6, No 1 (2023): March 2023
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.v6i1.29783

Abstract

This article is entitled "Setting Visa-Free Policy in the Order of Increasing Visits of International Tourists to Indonesia", which aims to examine the arrangements for visiting visa-free policies in order to increase foreign tourist visits to Indonesia and find out the sanctions that can be imposed on recipients of visa-free visits who violate and misuse of a visit stay permit. In order to improve relations between the Republic of Indonesia and other countries, it is necessary to provide convenience for foreign nationals to enter the territory of the Republic of Indonesia which is carried out in the form of exemption from the obligation to have a visit visa with due observance of the principle of reciprocity and the principle of benefit. The Government of Indonesia issued Presidential Regulation Number 21 of 2016 concerning Free Visit Visas. This regulation was made in order to provide benefits to improve the economy in general and increase the number of foreign tourist visits in particular. The research method used in this study is a normative legal research method through a statutory approach. The discussion is directed at the implications of applying the visa-free policy from an employment perspective and how the government will handle it. The visit visa-free policy is regulated in Presidential Regulation Number 21 of 2016 concerning Visit Visa-free and Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 17 of 2016.

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