Jurnal Daulat Hukum最新文献_第4页

The Legal Protection on Reporters for Corruption Crime 记者贪污罪的法律保护

Jurnal Daulat Hukum Pub Date : 2022-06-26 DOI: 10.30659/jdh.v5i2.21024

Lusia Sulastri

{"title":"The Legal Protection on Reporters for Corruption Crime","authors":"Lusia Sulastri","doi":"10.30659/jdh.v5i2.21024","DOIUrl":"https://doi.org/10.30659/jdh.v5i2.21024","url":null,"abstract":"Nurhayati's report through a letter to the Head of BPD Citemu, became the turning point for the uncovering of the village fund corruption case that was detrimental to the state. It turned out that the person who had uncovered the village fund corruption case was also named a suspect. Based on this, the authors are interested in studying how legal protection for whistleblowers on corruption crimes is associated with the determination of Nurhayati's suspect status for corruption in Cirebon Regency. 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":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117077972","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 Factors Effectiveness of Driving License Service Procedures 驾驶证办理程序的有效性因素

Jurnal Daulat Hukum Pub Date : 2022-06-26 DOI: 10.30659/jdh.v5i2.21279

Arnia Jovi, Umar Ma’ruf, Latifah Hanim, Rakhmat Bowo Suharto

{"title":"The Factors Effectiveness of Driving License Service Procedures","authors":"Arnia Jovi, Umar Ma’ruf, Latifah Hanim, Rakhmat Bowo Suharto","doi":"10.30659/jdh.v5i2.21279","DOIUrl":"https://doi.org/10.30659/jdh.v5i2.21279","url":null,"abstract":"The purpose of this study is to find out, examine and analyze what factors affect the ineffectiveness of the service procedure for making a driving license at the SIM issuance unit. In this paper, the author uses a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it is concluded that the assessment of the effectiveness of the service procedure for making a driving license is determined by 4 (four) indicators, namely resources, funds, facilities and infrastructure; the quantity and quality of the goods/services to be produced has been determined; service time limit; and service procedures. With the available resources, Satpas SIM Satlantas feel able to carry out SIM making services effectively. In the Satpas SIM Satlantas Polres environment, the SIM fee has been adjusted to the applicable regulations, namely PP RI No. 60 of 2016 concerning Types and Tariffs of Non-Tax State Revenue and is very firm for the prevention and prosecution of illegal levies from persons with indications of extortion within the Satpas SIM Satlantas environment. In addition, nowadays the issue of police operational funds has indeed become a polemic throughout Indonesia","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128781343","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 Historical Study of Prostitution Practices and Its Fiqh Analysis 卖淫行为的历史研究及其Fiqh分析

Jurnal Daulat Hukum Pub Date : 2022-06-25 DOI: 10.30659/jdh.v5i2.20827

Moh. Ashif Ashif Fuadi, M. Mahbub, Irma Ayu Kartika Dewi, M. Safitry, S. Sucipto

{"title":"The Historical Study of Prostitution Practices and Its Fiqh Analysis","authors":"Moh. Ashif Ashif Fuadi, M. Mahbub, Irma Ayu Kartika Dewi, M. Safitry, S. Sucipto","doi":"10.30659/jdh.v5i2.20827","DOIUrl":"https://doi.org/10.30659/jdh.v5i2.20827","url":null,"abstract":"The practice of prostitution in Indonesia occurred from the time of the kingdom until after independence. In this country, prostitution is illegal, and the practice still exists today; prostitution is sexual activity between sellers and buyers in pleasure in the form of money or goods. This study will explain the historical study of prostitution in Indonesia. Through a qualitative approach, collecting relevant sources of books, articles, and online media supported by a historical-sociological approach This research results in that prostitution has long appeared, including during the time of the Prophet Muhammad. In the Prophet's time, there was still a practice of adultery narrated in the hadith that a woman complained to the Prophet that she committed adultery and wanted to be punished. The practice of sexual exploitation also occurs during the working period of Islamic Mataram through the King's concubine, who religiously must not exceed the four legal wives. Likewise, in the Dutch and Japanese, there was also prostitution. Several factors cause women to get caught up in the world of prostitution that is the most powerful there are economic factors. In normative boxing, all scholars or ulama agree that the practice of adultery through anything including localization or illegal prostitution, but in the view of the social jurisprudent, KH Sahal Mahfudz argues that localization can be a way out by eliminating it gradually and minimizing the greater negative impact.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122477445","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 Law Enforcement against Alcoholic Drinks Habits 禁止饮酒习惯的执法

Jurnal Daulat Hukum Pub Date : 2022-06-20 DOI: 10.30659/jdh.v5i2.19099

L. Nurmala, Robby Waluyo Amu, Dince Aisa Kodai, N. Ismail, Yusrianto Kadir

{"title":"The Law Enforcement against Alcoholic Drinks Habits","authors":"L. Nurmala, Robby Waluyo Amu, Dince Aisa Kodai, N. Ismail, Yusrianto Kadir","doi":"10.30659/jdh.v5i2.19099","DOIUrl":"https://doi.org/10.30659/jdh.v5i2.19099","url":null,"abstract":"The problem of alcohol abuse in various circles, both in society and among teenagers, has become a problem that continues to experience a very significant increase and tends to increase every year. When teenagers or people have the habit of consuming liquor, it can lead to crime, in various forms that vary greatly, for example juvenile delinquency, fights, the emergence of juvenile gangs, thuggery, immoral acts and others. Juridically there is no prohibition of liquor or alcoholic beverages, but only on the regulation of procurement, distribution, sale and control. The existing laws and regulations in Indonesia have not been able to fully accommodate to be able to control the circulation of alcoholic beverages because some of the regulations that have been spread have not been specifically and comprehensively able to suppress the circulation and even prevent alcoholic beverages in the community. As a result, regulations at the lowest level (regional regulations) can only carry out prevention locally at the provincial level which has regional regulations concerning the Control and Supervision of alcoholic beverages, such as Gorontalo Provincial Regulation No. 16 of 2015. The Gorontalo Provincial Government considers it very important that the control and supervision of the circulation of alcoholic beverages must be carried out in order to prevent disturbances to peace, order and public security.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130197761","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 Narcotics Abuse Rehabilitation for Police Members by the National Narcotics Agency (BNN) 国家禁毒局(BNN)为警察提供的戒毒康复服务

Jurnal Daulat Hukum Pub Date : 2022-06-16 DOI: 10.30659/jdh.v5i2.20935

Avrila Anzani

引用次数: 1

The Police's Effort in Commanding Criminal Acts of Violence in Football Champion 警察对足球锦标赛暴力犯罪行为的指挥

Jurnal Daulat Hukum Pub Date : 2022-04-03 DOI: 10.30659/jdh.v5i1.18512

Satria Diaz Pratama Putra Pratama Putra, E. Soponyono

{"title":"The Police's Effort in Commanding Criminal Acts of Violence in Football Champion","authors":"Satria Diaz Pratama Putra Pratama Putra, E. Soponyono","doi":"10.30659/jdh.v5i1.18512","DOIUrl":"https://doi.org/10.30659/jdh.v5i1.18512","url":null,"abstract":"Cases of violent criminal acts that occurred during football champion in Wonosobo Regency were found in the Wonosobo District Court Decision with case register number 117/Pid.B/2020/PN.WSB with imprisonment for each of 5 (five) months. The method used is juridical empirical research, descriptive research specifications, data sources obtained through secondary and primary data, data collection by literature study and interviews or interviews, qualitative data presentation methods and qualitative data analysis. Based on the results of the study, it was concluded that the panel of judges paid attention to the legal facts as stated in Article 170 paragraph (1) 1 of the Criminal Code, whose elements are: First, the element \"whoever\", second \"openly and collectively\", third \"using violence against people or goods\". Countermeasures by the Wonosobo Police are carried out with penal efforts, namely making arrests, subsequent investigations by transferring the completed case files to the Wonosobo District Attorney for further delegating the case to the Wonosobo District Court for trial. The implementation of non-penal efforts is to coordinate with the organizing committee and carry out escorts during football champion.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121452621","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 Power of Public Officers' Decisions Successful in Public Courts 公职人员决定在公共法院取得成功的法律权力

Jurnal Daulat Hukum Pub Date : 2022-04-03 DOI: 10.30659/jdh.v5i1.20477

A. Sudarmaji, M. Ridwan, Aryani Witasari

{"title":"The Legal Power of Public Officers' Decisions Successful in Public Courts","authors":"A. Sudarmaji, M. Ridwan, Aryani Witasari","doi":"10.30659/jdh.v5i1.20477","DOIUrl":"https://doi.org/10.30659/jdh.v5i1.20477","url":null,"abstract":"The aims of this research is to know one of the causes of the emergence of civil cases is the decision of public officials that support and benefit one party, and harm the other party. They feel even more disadvantaged, and feel they have been treated unfairly, because the culprit is considered the source of the problem, namely the decision of the public official who can no longer be challenged in the PTUN (State Administrative Court). The approach used in this research is a normative juridical research method. The object analysis used a qualitative approach, with reference to the existing legal norms in the legislation. The primary data that became the initial basis were civil cases in the Pemalang District Court and the Serang District Court. A birth certificate which is issued if it is not in accordance with and contradicts the applicable legal provisions, it is still possible to be canceled or declared invalid and has no binding legal force by a court decision. However, a birth certificate can be valid and cannot be canceled if it meets certain conditions, both formal and material requirements. In order to cancel a birth certificate, if it is suspected that the issuance is not in accordance with the applicable legal provisions, then the injured party can file a cancellation lawsuit and declare it invalid and does not have binding legal force to the State Administrative Court, but if the submission is in conflict with the provisions of Article 55 of the Law on State Administrative Courts, there is still an opportunity to submit it to the General Court, namely the local District Court to declare that the birth certificate is invalid and has no binding legal force.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122316624","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 of Criminal Action on Child Addiction 儿童吸毒刑事诉讼的法律保护

Jurnal Daulat Hukum Pub Date : 2022-03-30 DOI: 10.30659/jdh.v5i1.18117

S. Saharuddin, Suardi Rais, Rasty Amalia Farouk

{"title":"The Legal Protection of Criminal Action on Child Addiction","authors":"S. Saharuddin, Suardi Rais, Rasty Amalia Farouk","doi":"10.30659/jdh.v5i1.18117","DOIUrl":"https://doi.org/10.30659/jdh.v5i1.18117","url":null,"abstract":"The aims of this research is the practice of abdicating responsibility and illegally claiming offspring on Child neglect. This is due to such as economic and social factors and mental illness. The law explicitly designs forms of child protection as stated in Article 5 of Act No. 23 of 2004 \"every child has the right to worship according to his religion, think and express according to his level of intelligence and age under the guidance of his parents and guardians\" but what happened was so many children who live on the streets due to the absence of parents as full responsibility. The long-term goal of this study is to find out specifically the causes of child neglect in Bonebolango district, as well as to explore the factors that cause a child to be neglected, this research can be achieved in the future, giving birth to benefits for all legal scientists. The research method was used in this study was empirical/sociological type of research where the researcher would go directly to the field to conduct in-depth research and assessment. The research results obtained are 1. Factors that hinder the legal protection of criminal acts of child neglect in Bone Bolango Regency based on the results of the study, namely the factors of facilities and infrastructure that are still inadequate, and law enforcers who are still considered incompetent in handling cases of child neglect so that strength is still needed. 2. The form of legal protection for the criminal act of child neglect in Bone Bolango Regency can be seen from several elements such as (not discriminating against children) which means that it does not discriminate against children.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"88 12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123346165","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 Implementation of Good Governance Principles in Admission of Prospective Civil Servants 在聘用准公务员时落实善治原则

Jurnal Daulat Hukum Pub Date : 2022-03-30 DOI: 10.30659/jdh.v5i1.20476

C. D. Da Cruz, S. Kusriyah, Widayati Widayati, Umar Ma’ruf

{"title":"The Implementation of Good Governance Principles in Admission of Prospective Civil Servants","authors":"C. D. Da Cruz, S. Kusriyah, Widayati Widayati, Umar Ma’ruf","doi":"10.30659/jdh.v5i1.20476","DOIUrl":"https://doi.org/10.30659/jdh.v5i1.20476","url":null,"abstract":"The aims of this study are as follows: To analyze and determine the implementation of the principles of good governance in the recruitment of prospective civil servants in Timor Leste and to analyze and determine the factors that influence the implementation of the principles of good governance in the recruitment of prospective civil servants in Timor Leste. The method used by the researcher was a sociological juridical approach and the specifications in this study are descriptive. The results of the research that the implementation of the principles of good governance in the recruitment of prospective civil servants in Timor Leste is wisdom and confidentiality, justice, honesty and integrity, equality, exclusivity regime, conflict of interest, kinshipan integral part of good governance. Factors Affecting the Implementation of Good Governance Principles on the Admission of Candidates for Civil Servants in Timor Leste, as follows: The legal factor itself, namely the entire legislation governing the implementation of Civil Servant Candidate (CPNS/ASN) acceptance. Law enforcement factors, namely people who carry out the law, especially law enforcement officers, in this case are focused on local government officials who are entrusted with the duties and responsibilities by laws and regulations to carry out the selection of CPNS/ASN acceptance. Legal culture factor, namely the habits that apply or are enforced to solve any problems that arise from local government activities in the context of accepting CPNS/ASN. The novelty showed that ability factor of Human Resources (HR), namely the personal circumstances of local government officials who are entrusted with the task of accepting CPNS/ASN and people who submit applications to become CPNS/ASN.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115249843","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 Prohibition of Civil Servant (ASN) in Actions to Benefit Prospective of Regional Head in Public 禁止公务员在公共场合为地区领导人的潜在利益采取行动

Jurnal Daulat Hukum Pub Date : 2022-03-28 DOI: 10.30659/jdh.v5i1.18498

M. H. Rubianto, A. Ardiansyah, Bagio Kadaryanto

引用次数: 2