cover
Contact Name
Sumain
Contact Email
jdh@unissula.ac.id
Phone
+6282137137002
Journal Mail Official
jdh@unissula.ac.id
Editorial Address
http://jurnal.unissula.ac.id/index.php/RH/about/editorialTeam
Location
Kota semarang,
Jawa tengah
INDONESIA
Jurnal Daulat Hukum
ISSN : 2614560X     EISSN : 2614560X     DOI : 10.30659
Core Subject : Social,
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 191 Documents
Sociological Juridical Review Of Children Appointment Through The Determination Of Judges In The Religion Court Of Semarang Salma, Isyadora Islami; Suharto, Rakhmat Bowo; Widayati, Widayati
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 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.v3i1.8406

Abstract

This study aims to determine how the implementation process of adoptions that occurred in the Religious Court of Semarang, and what is the reason for the judge to give authority to the prospective adoptive parents. In answer to this problem the authors conducted a sociological juridical research, namely by conducting direct research and find data related to this study directly in the field, and also based on legislation regarding adoption. This is to obtain primary data and secondary data, using data collection techniques are observation, interview, and literature study. The data obtained in the analysis using qualitative analytical methods and presented descriptively.Based on the results of research that has been done in the Religious Court of Semarang, we can conclude that 1) the implementation of the adoption of the Religious Court of Semarang is done by people who are Moslem. Filing the petition has been set by the Religious Court of Semarang through 3 stages and was previously submitted to the Department of Social Welfare. 2) Determination of adoption set based on consideration of the judge with reference to the legislation and personal data information provided by the applicant.Keywords: Implementation; Adoption; Religious Court.
Upside of Evidence by Public Prosecutor in The Case Corruption by Act No. 31 of 1999 jo. Act No. 20 of 2001 on Combating Crime of Corruption Suwono, Suwono; Hafidz, Jawade
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.v1i3.3399

Abstract

Corruption is a criminal offense that is remarkable. Remarkable because the mode used increasingly sophisticated, and as a result of corruption is very detrimental to the people and the state. Corruptor often me-take advantage of legal loopholes. Reverse authentication system implemented in the Act No. 31 of 1999 jo. Act No. 20 of 2001 on Corruption Eradication easier for prosecutors to prove that the defendant has committed the crime of corruption. In the system of proof, the defendant has the obligation to prove that the defendant did not commit corruption, and prosecutors also continue to prove that the defendant engaged in corruption cases.Keywords: Upside Evidence; Prosecution; Corruption.
Judge Consideration of Religious Court Of Blora on Application of Married Dispensation Muzazanah, Siti Muzazanah; Khisni, Akhmad; Rozihan, Rozihan
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.v2i4.8356

Abstract

This study aims to know the factors increasing request for married dispensation, the judge in the consideration granted married dispensation and know the weaknesses of Marriage Act in court and in the implementation of solutions to reduce married dispensation, The method used normative juridical, namely legal research based on secondary data. This research approach using the approach of the case (case approach and qualitative approach. Regarding the data, the authors obtained data from interviews and literature study.These results indicate (1) Factors increasing request for married dispensation in the Religious Court of Blora is (a) Fearing the emergence of slander, (b) pregnant outside of marriage (2) Judge Consideration of Religion Court of Blora in granted married dispensation, based on consideration of three things namely (a) Administrative completeness, (b) there is no prohibition of marriage as contained in Article 8 of Act No. 1 of 1974 On Marriage, (c) the principle benefit (3) weakness of marriage Act in the execution of court and solutions for reduce married dispensation in the Religious Court of Blora. Lack of socialization to the relevant institutions make weak law marriage in the implementation of the court.Keywords: Judge Consideration; Religious Court; Married Dispensation.
Mining Investment Legal Certainty Under The Terms of Act No. 4 Of 2009 Concerning Mineral and Coal Mining and Act No. 25 of 2007 on Investment Suroto, Suroto; Gunarto, Gunarto
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.v1i3.3352

Abstract

In this study the issues to be discussed in are: Mining Investment Legal Certainty According to provisions of Act No. 4 of 2009 on Mineral and Coal and Act No. 25 of 2007 on Investment. Based on the results of this study are Legality exploitation of minerals statutory number number 4 Legality exploitation of minerals statutory number number 4 of 2009 substantially only in a form that permit, in contrast to the legality of the concession at the time of the enactment of Act No. 1, 1967, consists of a wide variety of forms namely mining Authority (KP) contract of work (COW), mineral and agreements coal mining works (PKP2B) and SIPDs for extractive industry and artisanal mining licenses for artisanal mining. Various legality at the time of the enactment of Act No. 11 of 1967, led to the coordination, supervision and control of less than the maximum, because every legality issued to a mining business activity carried out not in a good coordination. Prior to the issuance of Act No. 25 of 2007 is still a very significant difference between foreign investors and domestic investors. This is evident from the provisions of legislation. Foreign investment is regulated in Act No. 1 of 1967 concerning Foreign Investment whereas domestic investment stipulated in Act No. 6 of 1968 on Domestic Investment.Keywords: Rule of Law; Mining; Investment.
Revitalization Program Of The Market In Improving Infrastructure Development And Participation Of The Market Traders Kurniawan, Sufi Hamdani; Kusriyah, Sri Kusriyah
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.v2i3.5676

Abstract

Revitalization program aims to establish a public market in terms of both infrastructure or welfare of the traders in the market people. The method used in this study explorative inductive data collection techniques of observation, interviews and documentation. The data obtained by the guidelines as an informant interviews are officials and employees in the Department of Industry and Trade as well as traders in local markets. To help revitalize local markets to improve infrastructure and to be implemented properly in requiring the active participation of traders. With a good governance of each program can be run and supported by community participation.Keywords: Market Revitalization Program; Infrastructure Development; The Participation Of Traders.
Implementation of Government Regulation Number 11 of 2017 in The Making Transparency Candidate Recruitment of Civil Servants in Custody in The Formation of Position Guard Regional Office Ministry of Justice And Human Rights of Central Java Kusuma Wardhani, Pudyastuti
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.v1i2.3333

Abstract

Implementation of Recruitment CPNS ideal and transparent according to Regulation No. 11 Of 2017 is the presence of Planning Phase Phase Announcement Jobs Stage Applying Stage Selection Selection Result Announcement. Best Criteria for Carers Formation Resistivity employess employess must have a stock that is as well able to practice martial rules are rules which should not be violated in accordance with Government Regulation No. 11 of 2017 on Civil Service Management. Recruitment obstacles in the implementation employess employess are determining criteria to be spelled out in the system of administration of an application the Selection CAT whose implementation in BKN only have a few units of computers alone is not proportional to the number of applicants who apply,Physical criteria employess formation detainee guards should be done by the competent authorities Observation Physical and skills tested by the examiner should be done by an expert interview. Efforts are being made in resolving these obstacles are Selection of administration should be carried out independently with the online system by providing value criteria that are not limited to academic Exams CAT is done online with the preparation by the recipient employees ooportunity should be tested by the parties who have expertise in physical testing and competent to do so Implementation does not have Standard Operating (SOP) that is in determining the best criteria for the formation of candidates for Civil Servants guard prisoners.Keywords: Employess Recruitment Guard Prisoner.
Legal Protection For Labor Contract In PT. Nawakara Perkasa Nusantara Sugiarta, I Nengah; Maryanto, Maryanto
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.v2i3.5637

Abstract

The problems of this study are: the outsourcing arrangement based on the law applicable and legal protection for contract workers at PT. Nawakara Perkasa Nusantara. Researchers used the method is legal normative juridical approach and specification in this study were included descriptive analysis. Even though sources and types of data in this study are primary data obtained from field studies by interviewing officials and workers in PT. Nawakara Perkasa Nusantara. And secondary data obtained from the study of literature relating to the theory of legal protection and enforcement.Based on the results of research that restrictions or even a rejection of the application of the statutory provisions regarding outsourced workers cannot be done despite how strong workers and unions of the federation units to fight. It is caused by the development of outsourcing itself stating that the areas of specialization, especially in terms of product development expertise of goods and services is growing development. Therefore impact the outsourced workers to work opportunities more widely. Legal protection for contract workers at PT. Nawakara Perkasa Nusantara basically in implementation has not gone as stipulated in the law. The lack of protection regarding the duration of the employment agreement as to which of Article 59 paragraph (2) and (4) which states that PKWT cannot be made to work that is fixed and the period of more than three (3) years, with each year once carried out a contract extension. Interpretation in paragraph (7) stated that the violation of Article 59 paragraph (2) and (4) This will result in the void PKWT turned into PKWTT. In practice, this agreement occurred during the three (3) years with a contract extension once a year. Supposedly workers / laborers in this company have been a permanent employee, when seen from the labor law.Keywords : Protection Law; Labor Contract.
Peranan Dan Fungsi Praperadilan Dalam Penegakan Hukum Pidana Di Polda Jateng Hartono, Dodik; Maryanto, Maryanto
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.v1i1.2564

Abstract

ABSTRAK Penelitian dengan judul Peranan Dan Fungsi Praperadilan Dalam Menegakkan Hukum Pidana di Polda Jateng. Berdasarkan uraian dalam Tesis ini, permasalahan yang akan yang akan di teliti adalah: 1) Bagaimanakah fungsi dan peran praperadilan dalam penegakan hukum di Indonesia berdasarkan peraturan perundang-undangan yang berlaku? 2) Apa hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng? 3) Bagaimanakah solusi dari hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng?Hasil penelitian menyimpulkan bahwa : 1) Maksud dan tujuan utama yang hendak ditegakkan dan dilindungi, dalam proses praperadilan yaitu tegaknya hukum dan perlindungan hak asasi tersangka dalam tingkat pemeriksaan penyidikan dan penuntutan. Pasal 1 butir 10 KUHAP dipertegas dalam Pasal 77 KUHAP yang menyebutkan Pengadilan Negeri berwenang untuk memeriksa dan memutus, sesuai dengan ketentuan yang diatur dalam undang-undang. Wewenang pengadilan untuk mengadili dalam praperadilan dijelaskan dalam Pasal 95 KUHAP. 2) Hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : a. hakim lebih banyak memperhatikan perihal dipenuhi atau tidaknya syarat-syarat formil penangkapan dan penahanan, atau ada tidaknya perintah penahanan dan sama sekali tidak menguji dan menilai syarat materilnya. b. setiap pelaksanaan upaya paksa selalu ada perenggutan HAM. c. pemeriksaan untuk melakukan penahanan, masih ada penyalahgunaan dalam tahap penyidikan oleh Polisi dan penuntutan oleh jaksa. d. selain luasnya kewenangan penyidikan dalam menentukan bukti permulaan yang cukup, pengawasan terhadap kewenangan tersebut juga lemah. 3) Solusi dari hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi :             a. Diperlukan upaya kontrol terhadap setiap aparat penegak hukum pada lembaganya masing-masing secara vertikal. b. KUHAP perlu direvisi khususnya mengenai mekanisme saling mengawasi antara penegak hukum dan lembaga dalam subsistem peradilan. c. diperlukan peran aktif hakim dalam menggunakan kewenangannya pada saat pemeriksaan pokok perkara untuk mempertimbangkan penyidikan atau penuntutan yang tidak sesuai dengan ketentuan hukum acara atau yang melawan hukum guna menghindari penyalahgunaan HAM. d. dalam tahap ajudikasi, hakim seharusnya berkonsentrasi untuk menentukan hasil pembuktian di persidangan dan dalam tahap ini, hakim dapat menilai apa yang terjadi dalam tahap praajudikasi.Kata Kunci : Peranan dan Fungsi, Praperadilan, Penegakan Hukum Pidana ABSTRACT Research with the title Role And Practice Function In Enforcing Criminal Law in Central Java Regional Police. Based on the description in this Thesis, the issues that will be examined are: 1) How is the function and role of pretrial in law enforcement in Indonesia based on the prevailing laws and regulations? 2) What are the obstacles in the implementation of pre-justice functions and roles in law enforcement in the Central Java Regional Police? 3) How is the solution of the obstacles in the implementation of functions and the role of pre-judiciary in law enforcement in Central Java Regional Police?The results of the study conclude that: 1) The main purpose and objectives to be upheld and protected, in the pre-trial process, namely the enforcement of the law and the protection of human rights of suspects in the level of investigation and prosecution investigation. Article 1 point 10 of the Criminal Procedure Code is affirmed in Article 77 of KUHAP stating that the District Court has the authority to examine and decide upon, in accordance with the provisions stipulated in law. The jurisdiction of the courts to adjudicate in pre-trial is described in Article 95 of the Criminal Procedure Code. 2) Obstacles in the implementation of functions and the role of pretrial in law enforcement in Central Java Police include: a. judges pay more attention to whether or not the formal conditions for arrest and detention, or whether there is a detention order and not test and judge material requirements at all. b. every execution of forced efforts is always a rush of human rights. c. checks for detention, there is still abuse in the investigation stage by the Police and prosecution by the prosecutor. d. besides the extent of investigative authority in determining sufficient preliminary evidence, the oversight of the authority is also weak. 3) Solutions from obstacles in the implementation of functions and pretrial roles in law enforcement in Central Java Police include: a. Control of each law enforcement apparatus is required on each institution vertically. b. The Criminal Procedure Code needs to be revised, especially regarding the mechanism of mutual supervision between law enforcement and institutions within the judicial system. c. an active role of the judge in the use of authority at the time of examination of the principal matter to consider investigations or prosecutions that are not in accordance with the provisions of procedural law or against the law in order to avoid abuse of human rights. d. in the stage of adjudication, the judge should concentrate on determining the results of the evidence in the hearing and in this stage the judge can judge what happened in the pre-certification stage.Keywords: Roles and Functions, Pretrial, Criminal Law Enforcement
Civil Rights Of Children Outside Married Due Isbat Nikah Of Polygamy (Analysis of Islamic Court of Rembang Decision No. 99 / Pdt.G / 2018 / PA.Rbg.) Rofi'atun, Rofi'atun; Khisni, Akhmad; Rozihan, Rozihan
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.v2i4.8377

Abstract

This study discusses the civil rights of children outside the mating due to confirmation of marriage polygamy, Problems taken author in this thesis is how the legal protection of children outside marriage related his civil rights especially on custody of marriage and inheritance rights to men as fathers biological, because the Indonesian Constitution the Act of 1945 and other regulations related to children's rights requires such a case, article 28 B (2) the result of amendments to the Act of 1945 states "Every child has the right to live, grow and develop and is entitled to protection from violence and discrimination, as well as the norms of Islamic law every child born in the holy predicate attached to him (Fitrah), so that the civil rights of Islam also guaranteed, regardless of whether the child was born out of and / or as a result of a legal marriage or a result of Sirri Marriage.The research method used by writer is a normative juridical approach where the study was conducted based on legal materials main by way of studying the theories, concepts, principles of law, rule of law, court decisions and legislation relating to this study.The results showed that based on the decision number: 99 / Pdt.G / 2018 / PA.Rbg, in the case of confirmation polygamous marriage, civil rights children outside marriage (polygamy) or Sirri equal to the rights of children born and / or result polygamous marriage is official, so that the legal rights of children outside marriage in the decision on child custody and inheritance rights equal to other biological children were born of the first marriage. thus based on the decision of the civil rights of children protected by law, to get justice, and the certainty of the status and civil rights.Keywords: Civil Rights of Children Outside Marriage; Sirri Polygamy; Rights of Guardianship And Inheritance.
Implementation of Online Prostitution Crime Investigation in Polres Cirebon City Jurisdictions Zaenal Abidin, Arif
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.v1i3.3383

Abstract

Online prostitution is prostitution or activities that make a person as an object to be traded through electronic or online media, the media used, such as Whatsapp and other applications. In other words, here the people those who are responsible to be able to respect the norms and values embodied in the lives of people for cases of online prostitution can destroy the future of the nation in case they were found with offenders who are still teenagers and the lack of regulation of traction. Regulations invitation to entrap prostitutes. In this research, the author uses socio-juridical namely the review of secondary data in the form of legislation, as well as the outcome of legal scholars, such as books related to the subject matter to then proceed with research on primary data (obtained directly from the respondents). From the research problem, there are two things that can be inferred. Law enforcement against criminal acts of online prostitution in Polres Cirebon City Jurisdictions has been running and has conducted a series of investigative actions and investigations to unravel the cases of online prostitution. From the results of investigations conducted by the Police Cirebon Resort know that the perpetrators of online prostitution utilize Whatsapp. Building partnerships with the wider community partnerships in the wider community to help hack into your account - an account associated with seller of “young women” through online media. Suggestions in this research are; The first law enforcement against criminal acts of online prostitution by Polres Cirebon should be more intensive and thorough, because online prostitution is spreading very fast and the activities or transactions done through electronic media that police had difficulty in finding evidence and the investigation process difficult. Secondly, the hope that more people concerned about this online prostitution activities to facilitate the Polres Cirebon in overcoming it.Keywords: Law Enforcement; Criminal Act; Online Prostitution.

Page 1 of 20 | Total Record : 191