Jurnal Daulat Hukum最新文献

Implementation of the Oversight Function of the Aceh Special Autonomy Fund 亚齐特别自治基金监督职能的履行情况

Jurnal Daulat Hukum Pub Date : 2023-10-21 DOI: 10.30659/jdh.v6i3.32427

Muchlis Zulkifli, Jawade Hafidz

{"title":"Implementation of the Oversight Function of the Aceh Special Autonomy Fund","authors":"Muchlis Zulkifli, Jawade Hafidz","doi":"10.30659/jdh.v6i3.32427","DOIUrl":"https://doi.org/10.30659/jdh.v6i3.32427","url":null,"abstract":"This study aims to identify and analyze the mechanism for implementing the oversight function of the Aceh Special Autonomy Fund (DOKA) of the Aceh People's Representative Council on the Government of Aceh and to determine and analyze the impact of oversight of the Aceh Special Autonomy Fund (DOKA) of the Aceh People's Representative Council on the Government of Aceh. The research method used is sociological juridical with statutory approach, conceptual approach and sociological approach based on descriptive analytical research specifications. Based on the results of the study it was concluded that First; The Regional People's Legislative Council is a Regional People's Representative Body and is domiciled as an element of regional government administration which has a supervisory function, namely carrying out supervision of the implementation of Regional Regulations and other Laws and Regulations, Regional Head regulations, APBD, regional government policies in implementing regional development programs, and international cooperation in the regions with the aim of such supervision is a form of preventive action against handling various deviations that endanger and detrimental to the rights and interests of the region, society and the state. Second; that in order to guarantee the implementation of a good government (good governance) supervision must be carried out by the Aceh People's Legislative Council as the implementation of the functions of the said institution. Supervision is a form of every effort and action in order to find out the extent to which tasks are carried out according to the provisions and targets to be achieved. The ultimate goal of supervision is to achieve results in accordance with a predetermined plan. Oversight from the Aceh People's Legislative Assembly which starts from discussing the budget to submitting accountability reports from the Government of Aceh (Governor) is not very effective considering that these two institutions have many interests in them.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139315758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Community Participation in the Environmental Management of Used Battery Smelting Activities 社区参与废旧电池冶炼活动的环境管理

Jurnal Daulat Hukum Pub Date : 2023-10-21 DOI: 10.30659/jdh.v6i3.26703

Sodikin Sodikin, Divia Rekha Permana

{"title":"The Community Participation in the Environmental Management of Used Battery Smelting Activities","authors":"Sodikin Sodikin, Divia Rekha Permana","doi":"10.30659/jdh.v6i3.26703","DOIUrl":"https://doi.org/10.30659/jdh.v6i3.26703","url":null,"abstract":"Article 70 of Law Number 32 of 2009 provides concrete directions, instructions and forms of community participation in environmental protection and management. The participation includes forms of efforts that can be done by the community so that they can participate in protecting and managing their environment. The manifestation of such participation can be in the form of social supervision, giving advice, opinions, proposals, objections, complaints, submitting information and reports. The manifestation of community participation in the Cinangka village is related to the smelting of used batteries which has the effect of environmental pollution which greatly disrupts the life of the Cinangka village community in various ways as directed in Article 70 of Law Number 32 Year 2009. The form of participation was carried out with the submission of complaints to the Village Government to the Bogor Regency Environmental Agency, demonstrations, deliberations with business actors for the use of smelting used batteries, conducting legal proceedings against business actors, and participating in the success of the Eco-Friendly Village program. Because the legal awareness of the community is still low which is influenced by low educational factors, so not all people participate in participating in environmental management.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139315736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Executorial Power of State Administrative Court Decisions Associated with General Principles of Good Government 与善治的一般原则有关的国家行政法院裁决的执行权

Jurnal Daulat Hukum Pub Date : 2023-10-21 DOI: 10.30659/jdh.v6i3.32081

Deni Setiawan, Siti Rodhiyah Dwi Istinah

{"title":"Executorial Power of State Administrative Court Decisions Associated with General Principles of Good Government","authors":"Deni Setiawan, Siti Rodhiyah Dwi Istinah","doi":"10.30659/jdh.v6i3.32081","DOIUrl":"https://doi.org/10.30659/jdh.v6i3.32081","url":null,"abstract":"The purpose of this research is to find out and analyze the executorial mechanism of the State Administrative Court's decisions, to know and analyze the executive power of the State Administrative Court's Decisions associated with the General Principles of Good Governance and to find out and analyze sanctions against Administrative Officials/Bodies. State Enterprises that do not implement the decisions of the State Administrative Court. This study uses a normative juridical method with the approach used is a statute approach and a conceptual approach based on descriptive analytical research specifications. In this context it is necessary to study the executorial power of court decisions and other reasons that may be the cause of the success and failure of the implementation of decisions so that it can be seen that apart from executorial power there are other conditions that are responsible for all the successes and failures in resolving disputes at the State Administrative Court. All of this boils down to the morality of the officials concerned and laws and regulations that do not explicitly regulate the implementation of punishments/sanctions from the state administrative court (PTUN). Officials who do not carry out the obligations ordered in the decision of the State Administrative Court which has permanent legal force (inkracht van gewijsde), will be subject to moderate administrative sanctions which include: a) payment of forced money and/or compensation; b) temporary dismissal by obtaining office rights; or c) temporary dismissal without obtaining office rights.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"106 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139315700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Legal Protection for Whistleblowers on Corruption Crimes in Indonesia 印度尼西亚对腐败犯罪举报人的法律保护

Jurnal Daulat Hukum Pub Date : 2023-10-21 DOI: 10.30659/jdh.v6i3.31043

Lusia Sulastri

{"title":"The Legal Protection for Whistleblowers on Corruption Crimes in Indonesia","authors":"Lusia Sulastri","doi":"10.30659/jdh.v6i3.31043","DOIUrl":"https://doi.org/10.30659/jdh.v6i3.31043","url":null,"abstract":"The crime of corruption, which is also classified as an extraordinary crime or referred to as an extraordinary crime, has characteristics and characteristics related to the power of a person holding a position in a government system, from the village government system to the central government system. Efforts to reveal criminal acts of corruption require the role of witnesses regarding these crimes who can be reported by the reporter. 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.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"225 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139315815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Age Limitation of Witness in Marriage Reviewing from Maqashid Al-Syariah 婚姻中证人的年龄限制回顾《伊斯兰教教法》的内容

Jurnal Daulat Hukum Pub Date : 2023-10-21 DOI: 10.30659/jdh.v6i3.20542

Muhammad Syukri Albani, Dedi Kurniadi

{"title":"The Age Limitation of Witness in Marriage Reviewing from Maqashid Al-Syariah","authors":"Muhammad Syukri Albani, Dedi Kurniadi","doi":"10.30659/jdh.v6i3.20542","DOIUrl":"https://doi.org/10.30659/jdh.v6i3.20542","url":null,"abstract":"Additional information regarding the age limit of witnesses in marriage, which is mandatory to be 19 years old is a polemic and has consequences if a witness is carried out by a person who has not reached the age of 19 years, then the witness is invalid according to the Regulation of the Minister of Religion No. 11 of 2007. As for the formulation of the problem in The writing of this thesis is (1) How is Islamic law reviewing PMA No. 11 of 2007 regarding the age limit of witnesses in marriage (2 ) How is PMA No. 11 of 2007 concerning the age limit of witnesses in marriage in terms of Maqashid Al-Syariah. To get the answer to the problem formulation above, the library research method is used. The data collection method is document study and descriptive analysis is used. The results of the study show that first, in a review of Islamic law, the age limit for witnesses using the Baligh standard in Article 19 paragraph 2 PMA No. 11 of 2007, is not explicitly regulated in either the Qur'an or Hadith. So the rules applied in PMA No. 11 of 2007 regarding Baligh, aged at least 19 years, according to the author, is a result of ijtihad, namely by using several opinions from the Hambali and Safi'i scholars, by using the definitive age limit , which is the age requirement for marriage witnesses at least 19 years. The law of age has never been found in the classical fiqh literature. So the author concludes that this is the result of contemporary ijtihad, namely PMA No. 11 of 2007.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"108 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139315835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Effectiveness of Digitizing Land Services to Prevent Land Mafia in Vietnam 越南土地服务数字化对防止土地黑手党的有效性

Jurnal Daulat Hukum Pub Date : 2023-09-13 DOI: 10.30659/jdh.v6i3.33287

Nguyán Háu Thá, Datuk Mazlee Malik Bin Idrus

{"title":"The Effectiveness of Digitizing Land Services to Prevent Land Mafia in Vietnam","authors":"Nguyán Háu Thá, Datuk Mazlee Malik Bin Idrus","doi":"10.30659/jdh.v6i3.33287","DOIUrl":"https://doi.org/10.30659/jdh.v6i3.33287","url":null,"abstract":"This research aims to analyze: 1) Implementation of digitization of land services. 2) Effectiveness of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The implementation of digitization of land services is carried out through a special agrarian internet site. Currently, the Ministry of Agrarian Affairs has implemented four digital land services, including Electronic Mortgage Rights, checking certificates, Land Registration Certificates, and Land Value Zone information. There are two electronic services that will be added by the AGRARIAN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at AGRARIAN AGENCY Vietnam, apart from using a special agrarian internet site, is also carried out through the Touch application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the Ministry of Agrarian Affairs.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139340325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Quo Vadis Objects To Fiduciary Collateral Under Regulations In Indonesia And Malaysia Quo Vadis反对印尼和马来西亚监管下的信托抵押品

Jurnal Daulat Hukum Pub Date : 2023-07-22 DOI: 10.30659/jdh.v6i2.31592

B. Susilo

{"title":"Quo Vadis Objects To Fiduciary Collateral Under Regulations In Indonesia And Malaysia","authors":"B. Susilo","doi":"10.30659/jdh.v6i2.31592","DOIUrl":"https://doi.org/10.30659/jdh.v6i2.31592","url":null,"abstract":"means of social engineering where comprehensive laws and regulations can create effective protection of citizens' rights where laws and regulations must keep abreast of developments in the country one of which is a new phenomenon and until now there has been no implementation regulation is copyright which can be used as an object of guarantee fiduciary by looking at the regulations in Indonesia and Malaysia and the issues to be raised are (1) How can a work be used as a fiduciary guarantee in Indonesia and Malaysia (2) What is the comparison between Indonesian and Malaysian copyright regulations In Indonesia, even though it already exists in Article 16 paragraph 3 of Law Number 28 of 2014 , the mechanism for the development of works as a fiduciary guarantee experiences many obstacles, namely regarding the time limit for protection, asset valuation which later refers to Article 40 paragraph (1) while in Malaysia, although in the 1987 copyright deed 332 it is not very clear because it is still in the drafting process by intangible property, where the ownership of Intellectual Property Rights has developed intangible asset-based credit, through the Malaysian Intellectual Property Company (MyIPO) and the Inland Reveneu Board of Malaysia. (LHDN) has provided infrastructure in providing guarantees","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121307398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Mining Code for Prospecting Exploration and Exploitation in Maritime Domain: Experimenting the Regional Environmental Plans 海洋勘查开发采矿规范:区域环境规划试点

Jurnal Daulat Hukum Pub Date : 2023-07-22 DOI: 10.30659/jdh.v6i2.28131

A. O. Abdulkadir, S. Lawal

{"title":"The Mining Code for Prospecting Exploration and Exploitation in Maritime Domain: Experimenting the Regional Environmental Plans","authors":"A. O. Abdulkadir, S. Lawal","doi":"10.30659/jdh.v6i2.28131","DOIUrl":"https://doi.org/10.30659/jdh.v6i2.28131","url":null,"abstract":"The Seabed Mining is a growing maritime industrial field that involves the extraction of submerged minerals and deposits from the ocean and over the years, there has been a rising demand for minerals and metals in various sectors of the Maritime Industry. This led to the creation of the International Seabed Authority of 1982 which is saddled with the responsibilities of regulating human activities on the deep-sea floor and the continental shelf. Despite the existence of the regulatory body, there are challenges that are present within the organs of the International Seabed Authority. These challenges include lack of transparency and also the impact of the deep seabed mining activities on the environment that still need to be extensively researched before deep seabed mining activities can commence in the World Maritime Economy. This research adopted a doctrinal method of research to collect data through the use of Law textbooks, articles in journals, and various online resources. The aim of this paper is to discuss the benefits of deep seabed mining, the regulatory frameworks of deep seabed mining, the impacts of deep seabed mining on the environment, deep seabed mining activities in Africa and Nigeria. It was concluded in this paper that before the deep seabed mining activities can commence, it is necessary that wide and extensive research be carried out on its effect on the environment, the various organs in International Seabed Authority should be more transparent on their activities to the public and African States particularly Nigeria should organise workshops to educate the Maritime Industry of various states about the involvement and participation of African countries in the deep seabed mining activities like their counterparts in other countries of the World.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"776 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132759536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Integralistic State Idea: Reconstruction of Administrative Efforts Perspective 整体国家理念:行政努力视角的重构

Jurnal Daulat Hukum Pub Date : 2023-07-04 DOI: 10.30659/jdh.v6i2.30982

Fradhana Putra Disantara, Ratna Maya Permatasari A. B, Fawaidil Ilmiah, Ruetaitip Chansrakaeo

{"title":"The Integralistic State Idea: Reconstruction of Administrative Efforts Perspective","authors":"Fradhana Putra Disantara, Ratna Maya Permatasari A. B, Fawaidil Ilmiah, Ruetaitip Chansrakaeo","doi":"10.30659/jdh.v6i2.30982","DOIUrl":"https://doi.org/10.30659/jdh.v6i2.30982","url":null,"abstract":"Administrative efforts as part of the state administrative and legal process must be taken as an initial means before the settlement is carried out in court. In this case, administrative efforts are efforts to optimize non-litigation dispute resolution steps. This study attempts to present a prescription for administrative efforts associated with the idea of an integralistic state. This research is legal research. This study uses primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law No. 30 of 2014 on Government Administration, and Supreme Court Regulation No. 6 of 2018. Secondary legal materials include books, articles, and other scientific works, especially those related to the idea of an integralist state initiated by Supomo. Non-legal materials include legal dictionaries. The approach in this study uses a statutory approach and a conceptual approach. The results of the study confirm that the mandatory administrative effort in the Law No. 30 of 2014 on Government Administration is a progressive step because it emphasizes the values of the civilized nation, which focuses more on non-litigation dispute resolution. In addition, the reconstruction of the practice of administrative efforts needs to be carried out by socializing and providing an understanding of the importance of administrative efforts as well as the need for technical guidelines for the implementation of administrative efforts in each institution as well as increase the capacity of institutional leaders.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126208373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Political Crisis in France 2022-2023: International Chaos of Burning Public Facility 法国2022-2023年的政治危机:燃烧公共设施的国际混乱

Jurnal Daulat Hukum Pub Date : 2023-06-16 DOI: 10.30659/jdh.v6i2.31185

Abelano Adam

{"title":"The Political Crisis in France 2022-2023: International Chaos of Burning Public Facility","authors":"Abelano Adam","doi":"10.30659/jdh.v6i2.31185","DOIUrl":"https://doi.org/10.30659/jdh.v6i2.31185","url":null,"abstract":"This research aims to know the chaos phenomenon on Macron’s foreign policy agenda will not be affected by the protests. He is continuing with a planned trip to China, together with European Commission President Ursula von der Leyen, in the beginning of April. If his agenda is any indication, he will remain extremely involved in foreign policy in the weeks to come. France’s current instability might pave the way for populist and nationalist parties’ voting shares to grow further. This research used field observation and direct data. It is a euphemism to write that the far-right and the far-left party La France Insoumise (France Unbowed) have indicated that they wouldn’t support staunch French support for Ukraine. Although NUPES (a wide-ranging coalition of left-wing parties) shares major domestic policy goals, the parties diverge on foreign policy, particularly as it relates to Russia and Ukraine. Even if parliament plays a marginal role in foreign policy decision making in France, a new National Assembly could also decide to become more vocal and more vehemently question Paris’ current military, financial, humanitarian, and material support to Ukraine. A major issue in Europe right now is ensuring that European and trans-Atlantic unity on support to Ukraine is not only maintained but reinforced. If France were to weaken its support, that would have very serious consequences for internal European Union cohesion and the future of European security.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132682089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0