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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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Pelaksanaan Pembagian Warisan Berdasarkan KUHPerdata Berkenaan Dengan Adanya Testamen Agustina Suryaningtyas
Jurnal Daulat Hukum Vol 1, No 1 (2018)
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.v1i1.2645

Abstract

ABSTRAKBerbicara mengenai warisan, tidak terlepas dari suatu kematian seseorang. Warisan adalah harta peninggalan yang ditinggalkan pewaris kepada para ahli warisnya. Dalam hukum waris perdata terdapat 2 (dua) cara yang dapat digunakan untuk mendapatkan warisan, yaitu pewarisan menurut undang-undang (ab-intestato) dan pewarisan menurut surat wasiat (ad-testamento). Penelitian ini dilakukan dengan menggunakan metode yuridis normatif. Spesifikasi penelitian yang digunakan dalam penelitian ini adalah deskriptif analitis. Jenis data yang digunakan adalah data sekunder. Teknik analisis data yang digunakan dalam penelitian ini adalah analisis kualitatif yaitu cara analisis yang menghasilkan data-data deskriptif analitis, maksudnya apa yang di dapat responden secara tertulis dan lisan yang bersumber pada kenyataan di lapangan dikaitkan dengan data kepustakaan. Dari hasil penelitian, diketahui bahwa Pasal pertama Bab 13 menentukan bahwa segala harta yang ditinggalkan seseorang yang meninggal dunia adalah kepunyaan para ahli warisnya menurut undang-undang, sepanjang mengenai hal itu oleh pewaris tidak ditetapkan secara lain dengan sah. Artinya, Pasal 874 ini menentukan jika pewaris dengan sehelai surat wasiat menetapkan mengenai sebagian warisannya, maka sisa warisan dibagi menurut aturan pewarisan undang-undang. Dalam hal ini apabila isi testamen tersebut melanggar legiteme portie, ahli waris legitimaris dapat menuntut pembatalan testamen secara sederhana yaitu pembatalan bahwa ketetapan-ketetapan yang melanggar legitieme portie tidak dapat dijalankan.Kata Kunci : Warisan, KUHPerdata, TestamenABSTRACTTalking about the legacy, not apart from a person's death. Inheritance is the legacy left by the testator to his heirs. In the civil inheritance law there are two (2) ways that can be used to obtain the inheritance, that inheritance by law (ab-intestato), and inheritance according to the testament (ad-testamento). This research was conducted using the method of normative. Specifications research used in this research is descriptive. The data used is secondary data. Data analysis techniques used in this research is the analysis of qualitative analysis method that produces descriptive data, which can mean anything the respondent in writing and orally were rooted in the reality on the ground is associated with literature data. From the research, it is known that the first article of Chapter 13 determines that all the treasures left behind someone who died belonged to the heirs according to law, all about it by the testator is not identified other legitimate. That is, Article 874 determines if the heir to a portion will set about his legacy, then the remaining estate is divided according to the rules of inheritance law. In this case if the contents testament of the will abuse legitieme portie, legitimaris heirs can demand cancellation testamentary simply that the cancellation of that provisions which violate legitieme portie can not be executed.Keywords : legacy, Civil Code, Testamen.
Law Enforcement Against Policies Who Breached The Code Of Conduct Alvi Syahri
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.v3i3.11238

Abstract

The purpose of this research to find out and analyze law enforcement against police officers who violate the code of ethics in carrying out their duties at Central Java Police, obstacles and solving obstacles. This study uses a sociological 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 is qualitative analysis. Furthermore, based on the research results it can be concluded: Law enforcement against police officers who violate the code of ethics in carrying out their duties at the Central Java Regional Police refers to Act No. 2 of 2002 concerning the Police, Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning Disciplinary Regulations for Members of the National Police and Regulation of the Chief of Police No. Pol. 14 of 2011 concerning the Professional Code of Ethics for the State Police of the Republic of Indonesia. Several factors that hinder law enforcement against unscrupulous police officers who violate the code of ethics are divided into internal factors: Leaders who have not fully paid attention to the implementation of disciplinary law enforcement duties for Polri members, level of discipline, awareness and compliance of Polri members with binding disciplinary regulations and applies to him is still relatively low so that disciplinary violations keep happening, Polri's disciplinary law enforcement often appears to lack transparency. External factors: Lack of public awareness in conducting supervision and complaints when there are people who violate them.Keywords: Law Enforcement; Police Officers; Offenses; Code of Ethics.
Role Of Announcers In Action Of Criminal Actions For Circular Fake Money Ahmad Fatah; Gunarto Gunarto
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019
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.v2i1.4269

Abstract

How investigators determine suspects in criminal cases circulating counterfeit money in the area of Holy Police The way investigators determine suspects in criminal cases circulating counterfeit money in the jurisdiction of the Holy Police is based on fulfilling elements of criminal acts Article 245 of the Criminal Code supported by witnesses and experts and goods evidence, can be added to the confession of the suspect but not absolute.The mechanism for investigating criminal cases circulating money in the territory of the Gubug Police Station has the same operational basis as the mechanism of criminal investigations referring to the SKEP Chief of Police Number Pol: SKEP / 1205 / IX / 2000 concerning the Implementation Manual for Criminal Investigation Processes which states that investigations include: the investigation phase, the prosecution stage (summons, arrests, detention, searches, and seizures), the examination stage (examination of witnesses, experts, suspects), the stage of completing and submitting case files (making resumes, preparing case files, and submitting case files)Obstacles faced by investigators in investigating criminal cases circulating money in the jurisdiction of the Holy Police are internal barriers (limited operational funds of the police, inadequate police personnel is not balanced with the number of crime cases that must be handled, lack of supporting facilities and infrastructure such as forensic laboratories ), and external barriers (lack of community participation in assisting the police in uncovering criminal acts of circulating counterfeit money).Keywords: Investigator; Crime; Currency
Implementation Of Decisions And Obstacles Administrative Court - Implementation Obstacles Hasto Sasmito
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
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.v1i2.3279

Abstract

Indonesia is a country of law. The rule of law means in our country is the law that has significance especially in all aspects of community life. Everything implementation carried out by the state through its government should be appropriate and according to the channels that have been determined in advance by law. Judicial Administration is a special court, which was given the authority to resolve disputes that arise in the field of administration and personnel or disputes that occur between administration officials with a person or body of civil law as a result of the issuance or issuance of a decision. Act no. 5 of 1986 on State Administration aims to provide a container or a space for people and civil legal entity to file a lawsuit to the Administrative Court (PTUN) for the issuance of an administrative decision (KTUN), then his rights to feel disturbed or harmed but in practice administrative court ruling will not necessarily be implemented because of constraints exist that impede the implementation of the decision of the Administrative Court. Thus the presence of the administrative court as an institution that is expected to be a means of enforcement and legal protection in the field of administration can not be carried out effectively and still needed revision of the law.Keywords: State Administrative Court (PTUN).
Application of Criminal Sanction Policy Against Crime Perpetrators of Domestic Violence Danu Anindhito Kuncoro Putro; Ira Alia Maerani
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
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.v1i2.3316

Abstract

The research titled: Application of Criminal Sanction Policy Against Crime Perpetrators of Domestic Violence, Problems of this research are: 1) How the policy formulation of the crime of domestic violence? 2) How can the application of criminal sanctions against perpetrators of criminal acts of violence in the home? 3) Constraints are faced judges in the application of criminal sanctions against perpetrators of the crime of domestic violence and efforts to overcome it? The method used in this research using normative research is descriptive qualitative analysis. This study is a literature. The results of the study using sociological juridical concluded that: 1) Policy formulatif against the crime of domestic violence set out in Chapter VIII of Act No. 23 of 2994 Article 44 of physical violence, Article 45 of the violence phisikis, Articles 46, 47, 48 on sexual violence and Article 49 of Neglection. 2). The application of criminal sanctions against perpetrators of criminal acts of domestic violence committed by the judge after going through the process of proving to the charges the prosecutor. Starting from proven facts deeds of witnesses, then the fact juridical considerations and ease further aggravating the new verdict. 3) Constraints faced by judges in the application of criminal sanctions against perpetrators of criminal acts of domestic violence are: a. ) The absence of witnesses cause hearing be postponed, so that the proceedings so that the proceedings be longer than scheduled. b.) The absence attorneys also cause hearing was postponed from the trial process has gone backwards longer than scheduled. c.) The absence of a post mortem result in the judge adjourned the hearing, to include post mortem beforehand. d.) The judge is hard to prove because there were no witnesses who saw directly, and also sometimes victims of domestic violence and perpetrators still love each other, so that judges convict when the weight will result in divorce. e) The absence attorneys also cause hearing was postponed from the trial process has gone backwards longer than scheduled. f.) The absence of a post mortem result in the judge adjourned the hearing, to include post mortem beforehand. g.) The judge is hard to prove because there were no witnesses who saw directly, and also sometimes victims of domestic violence and perpetrators still love each other, so that judges convict when the weight will result in divorce. The absence attorneys also cause hearing was postponed from the trial process has gone backwards longer than scheduled. h.) The absence of a post mortem result in the judge adjourned the hearing, to include post mortem beforehand. i.) The judge is hard to prove because there were no witnesses who saw directly, and also sometimes victims of domestic violence and perpetrators still love each other, so that judges convict when the weight will result in divorce.Keywords: Legal Policy; Crime; Domestic Violence.
Law Enforcement Against Elections Crime During Electoral Campaign 2019 (Case Study In Bawaslu of Banjarmasin City) Sri Herlina; Umar Ma’ruf
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
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.v2i3.5656

Abstract

Simultaneously in the general election in 2019 in London Election alleged criminal offense, whether it was exposed by the media and is still a byword society is becoming Bawaslu obligation to respond. Among them led to the process in Bawaslu Gakkumdu of Banjarmasin city whether it is a public report and findings by Bawaslu of Banjarmasin own. The cases that occurred not only before the campaign period, even at this stage that this time period campaign legalized legislative candidates for creativity lure the support of the constituency, also saw various criminal cases of elections. Though political parties have been briefed by Bawaslu of Banjarmasin about what and things that are prohibited during the campaign period and to explain and analyze: the factors that hinder and solutions for Bawaslu of Banjarmasin to enforce laws against criminal acts during the election campaign in 2019. This study is a sociological juridical data obtained in this study were analyzed by inductively qualitative descriptive method. The results of this study are: Factors that inhibit Bawaslu of Banjarmasin in enforcing the law against Crime Elections in Future Campaign in London on Election Unison 2019 is a factor of legal norms, budgetary factors, human resource factors and factors of the facility, then the solutions to the barrier is to maximize prevention efforts and strengthen budgeting, HR recruitment and complement facilities of Bawaslu of Banjarmasin.Keywords: Law Enforcement; Election Crime; Bawaslu of Banjarmasin.
Implementation Handling of Children in Dealing With The Law in Polres Purworejo Setio Raharjo
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
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.v1i2.3338

Abstract

The purpose of this research is to investigate the implementation of the handling of children in conflict with the law in Polres Purworejo; 2) to know the constraints faced by police investigators in Polres Purworejo in performing their duties as investigator; and 3) to find solutions investigator in the face of constraints in the implementation of the handling of children in conflict with the law in Polres Purworejo. The method used in this research is empirical juridical approach or in other words the socio-juridical.Specifications research is descriptive. Data used in this study are primary data and secondary data. Methods of collecting data in this study using library study or library research. Analysis of the data used is qualitative data. The study states that 1) in order to organize the protection of women and children who are victims of crime and law enforcement against perpetrators, Unit Women and Children (PPA) Police have implemented procedures in accordance with the regulations stipulated in the mennangani children behadapan with the law; 2) there are two obstacles that arise in the implementation of minimum service standards in Women and Children Services Unit (PPA) Polres Purworejo, namely internal and external obstacles; 3) the efforts undertaken to overcome existing obstacles, including by conducting education and training for members of the PPA good Unit investigator, investigator helpers and staff who are in the PPA Unit to strengthen Human Resources.Keywords: Investigation; Children; Conflict with the Law.
Criminal Sanctions On Illegal Logging Crime In State Court Of Semarang Muslich Ashari; Amin Purnawan; Achmad Sulchan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
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.v2i4.8346

Abstract

The formulation of the problem discussed in this study were (1). How settings Criminal Law on Illegal logging?, (2). How Judges consideration in decisions on Illegal logging in State Court of Semarang?. (3). Are the constraints faced by the judge in deciding the case of Illegal logging?.This research used socio-juridical legal research, research data was taken by interview with the respondent judges handling crime of Illegal logging State Court of Semarang. This research use Qualitative analysis techniques.Conclusion of this study is illegal logging is a special crime and therefore their specific legislation governing of illegal logging, in Act No. 18 of 2013 on Combating And Preventing The Destruction Of Forests set of sanctions for Illegal logging in the form of punishment imprisonment for the perpetrators in the form of a sentence of imprisonment and fines, consideration of Judges in deciding the case of Illegal logging legally is appropriate that the elements are there that the perpetrator does not have a valid license from the clerk to do cutting trees in the forest area of Silayur, Judge obstacle in deciding the case of Illegal logging in the form of difficulties in distinguishing between illegal logging carried out by individuals and corporations, lack of special education for judges to handle crime of Illegal LoggingKeywords: Criminal Sanctions; Penalty; Illegal Logging.
Crime Investigation on Theft by eighting with The Modus Of Prying Automated Teller Machine (ATM) in Jurisdiction Area of Central Java Mohamad Rofiqi; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
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.v1i3.3357

Abstract

This study aims to: 1) Review and analyze the implementation of the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java. 2) Assess and analyze the factors that hinder the investigation related to solve investigator in the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java. 3) Assess and analyze the efforts of investigators linked the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java? Results: 1). The process of investigations conducted by the Central Java Police in solving criminal cases of theft through Automated Teller Machine (ATM) with prying mode in accordance with the rules contained in the Criminal Procedure Code and the Law on Police No. 2 of 2002. 2). Based on the description of the Central Java Police investigators, the obstacles faced by the team of investigators of Central Java Police, among others: a. Evidence is hidden and difficult for investigators to look suspect. b. The suspect managed to flee with his colleagues by car, so investigators have to chase. c. In providing information with convoluted.3) Relatedwith efforts to overcome obstacles investigator in a criminal law enforcement ATM theft with prying mode is as follows: a. In search of evidence of the crime of investigators need to conduct more intensive searches of suspects. b. Coordinating with other entities by way of exchange of information / Data notify each DPO (List of People Searching) and when in the area to find people who sought immediately apprise and made arrests. c. Providing information (by extension agents) to the public to participate actively in supporting the work of police in the investigation of the theft through ATM.Keywords: Investigation; Crime of Theft By Weighting; Prying Automated Teller Machine (ATM).
Disparity of Judge's Decision on Children Of Narcotics Crime Actors Study on Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. Dudu Wawan Setiawan; Bambang Tri Bawono
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
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.v2i4.8434

Abstract

The problem of this research is Why the disparity between the criminal Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.? Whether due to the disparity of criminal child Narcotics Crimes between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. ?The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Now sources and types of data in this study are primary data obtained from interviews with field studies Denpasar State Court Judge, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of Pancasila justice, law enforcement and progressive.Based on the results of research that Children judge anyone considering the Research Society (Litmas) Community Advisors (PK) from the Institute of Corrections (Bapas) that, as considered by the Child Justice in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. Children temporary Judge's decision in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. not considering it, should judge Children in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. PK Litmas Bapas expensive, because the perpetrators of the Child is the only user, but instead judge Children in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. considering Litmas PK Bapas, whereas perpetrators Children in this case proved to be a dealer. Disparities criminal perpetrators of criminal acts against children Narcotics between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. implications for the protection of child neglect.Keywords: Children; Disparity; Narcotics; Decision; Crime Actor.

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