Jurnal Daulat Hukum最新文献_第6页

The Utilization Implementation of High Sea According to Sea Convention 根据《海洋公约》对公海的利用与实施

Jurnal Daulat Hukum Pub Date : 2021-10-03 DOI: 10.30659/jdh.v4i3.17555

O. A. Victoria, Saleh Raed Shatat

{"title":"The Utilization Implementation of High Sea According to Sea Convention","authors":"O. A. Victoria, Saleh Raed Shatat","doi":"10.30659/jdh.v4i3.17555","DOIUrl":"https://doi.org/10.30659/jdh.v4i3.17555","url":null,"abstract":"The purpose of this research is to find out how the implementation of the use of forms of freedom on the high seas according to the 1982 Law of the Sea Convention (UNCLOS 1982) and how the exceptions to freedom on the high seas according to the 1982 Law of the Sea Convention (UNCLOS 1982). The research method used in this research is using normative legal research methods and it can be concluded that the regulation regarding the high seas is contained in Part VII Article 86 to Article 120 of the 1982 Sea Law Convention to take advantage of the high seas. State freedoms on the high seas are freedoms in accordance with article 87, namely freedom of navigation, flight, laying submarine cables and pipelines, freedom to build artificial islands and other installations, freedom to fish, and freedom to conduct scientific research. Every given freedom can be used by every country but every country is obliged to maintain and utilize the high seas for peaceful purposes for the survival of human life. In addition to providing freedom to use the high seas, the 1982 Law of the Sea Convention provides exceptions to this freedom. Where every country is free to use the high seas but is not allowed to take illegal actions or violate the law, both national law and international law, which in its application are often violated by countries in the world. There are several exceptions to the freedom of the high seas such as the prohibition of slavery, piracy, trafficking in narcotic drugs and psychotropic substances, instant pursuit, illicit broadcasting, and pollution of the marine environment. So every country, both coastal and non-coastal countries, is required to cooperate in eradicating all forms of abuse of freedom on the high seas.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115378386","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 Choice Problems Of Presidential System In Indonesia Post-Reformation 改革后印尼总统制的选择问题

Jurnal Daulat Hukum Pub Date : 2021-09-23 DOI: 10.30659/jdh.v4i3.17516

Siti Rodhiyah Dwi Istinah, Aryani Witasari, Fajar Fathan Fuadi, Muhammad Ali Maskun

引用次数: 1

The Reviewing Concept of Asymmetric Decentralization in The Special Region of Yogyakarta 日惹特区的非对称分权概念回顾

Jurnal Daulat Hukum Pub Date : 2021-09-20 DOI: 10.30659/jdh.v4i3.17525

Triwahyuningsih Triwahyuningsih

引用次数: 0

Antinomy of Community Participation Rights in the Law on the Environmental Sector 环境部门法中社区参与权的矛盾

Jurnal Daulat Hukum Pub Date : 2021-09-16 DOI: 10.30659/jdh.v4i3.17212

Febriansyah Ramadhan, Ilham Dwi Rafiqi

{"title":"Antinomy of Community Participation Rights in the Law on the Environmental Sector","authors":"Febriansyah Ramadhan, Ilham Dwi Rafiqi","doi":"10.30659/jdh.v4i3.17212","DOIUrl":"https://doi.org/10.30659/jdh.v4i3.17212","url":null,"abstract":"Issues of deprivation of rights and discrimination are topics that are always discussed in Indonesia, which is known as a democracy. Community participation is one of the important instruments for indicators of the success of democracy in a country which is carried out in various sectors of life. This research will look at how to regulate community participation rights, especially in the development sector and environmental management. This study uses normative juridical research with a statutory and conceptual approach. The results of the study indicate that conceptually the right of community participation in the environmental sector is an elaboration of the guarantee of good and healthy environmental rights. The right to the environment is a procedural right that cannot be separated from other rights. Regulations regarding community participation rights scattered in various environmental sector laws still contain antinomies that result in inconsistencies in the participation model and guarantee legal uncertainty. From here, efforts need to be made, such as ratifying the Declaration of the Right to Development into law and/or enacting a special law on community participation.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126641407","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: 6

Online Arbitration in E-Commerce Dispute Resolution During the Pandemic Covid-19 新冠肺炎疫情期间电子商务争议解决的在线仲裁

Jurnal Daulat Hukum Pub Date : 2021-08-08 DOI: 10.30659/JDH.V4I3.16266

M. Ghozali, Budi Ispriyarso

{"title":"Online Arbitration in E-Commerce Dispute Resolution During the Pandemic Covid-19","authors":"M. Ghozali, Budi Ispriyarso","doi":"10.30659/JDH.V4I3.16266","DOIUrl":"https://doi.org/10.30659/JDH.V4I3.16266","url":null,"abstract":"The Covid-19 pandemic has made online buying and selling activities increasing.�E-commerce is full of risks, especially because the consumers have the obligation to make any advance payment while they cannot see the condition or quality of the goods they ordered.�With the emergence of business disputes that occur both online and offline, and with the development of increasingly sophisticated technology, it is expected that the settlement of business disputes can be resolved online.�The purpose of this study was to analyze the settlement of legal disputes against online buying and selling transactions during the Covid-19 pandemic which was carried out through online arbitration.�The research method used was the normative juridical method, which was a method that seeks to analyze dispute resolution carried out through online arbitration which was then linked to the provisions of laws and regulations.�The process of conducting online arbitration is by using the internet as media.�The room for communication is more like a chat room based on real-time audio-visual streaming.�With the application to communicate, the parties can convey their data, facts, information, or responses through this platform.�Legal sanctions�against�online�buying and selling transactions�that do not match the order are�regulated in two general rules�(Lex Generalis)�and special rules�(Lex Specialist).Keywords:�E-Commerce;�Covid-19,�Online Arbitration;�Legal�Sanctions.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122070600","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: 2

Implementation of Criminal Action Prosecution Online in Realizing Principle of Fast Prosecution, Simple & Low Cost 实现快速、简便、低成本原则下刑事诉讼在线起诉的实施

Jurnal Daulat Hukum Pub Date : 2021-07-01 DOI: 10.30659/JDH.V4I2.15737

Ardito Yudho Pratomo, Umar Ma’ruf, Aryani Witasari

{"title":"Implementation of Criminal Action Prosecution Online in Realizing Principle of Fast Prosecution, Simple & Low Cost","authors":"Ardito Yudho Pratomo, Umar Ma’ruf, Aryani Witasari","doi":"10.30659/JDH.V4I2.15737","DOIUrl":"https://doi.org/10.30659/JDH.V4I2.15737","url":null,"abstract":"Indonesia is a state of law, thus everything is regulated by law, if there are people who violate the law then it is resolved through a judicial process. The Covid-19 virus has had an impact on the need for online trials. The formulation of the problem in this study is how the implementation and constraints of the implementation of the stages of prosecuting criminal cases (online) and how the ideal implementation in the application of the stage of prosecuting criminal cases (online) in order to realize the principles of fast, simple and low-cost justice in Indonesia. Wonogiri Prosecutor's Office? This study uses empirical legal research methods. The results of this study indicate that the implementation of the stages of prosecuting criminal cases (online) in order to realize the principles of fast, simple and low-cost justice at the Wonogiri Prosecutor's Office is carried out with Supreme Court Regulation (PERMA) No. 1 of 2019 concerning Administration and Trial in Courts Electronically. Implementation constraints in the application of (online) prosecution of criminal cases due to legal factors, Cultural Community facilities and infrastructure. The ideal implementation of the application of online criminal prosecution in order to realize the principles of fast, simple and low-cost justice at the Wonogiri Prosecutor's Office requires clear arrangements, human resources who have IT skills. Internet Network,�a good understanding of the law intensively conduct outreach to the community.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129988245","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: 5

Constitutionalism Concept in Implementation of Indonesian State Administration 印尼国家行政管理实施中的宪政理念

Jurnal Daulat Hukum Pub Date : 2021-07-01 DOI: 10.30659/JDH.V4I2.15696

A. Ananda

引用次数: 5

Spatial Synchronization and Territorial Planning Policies between Regions and National Spatial Planning 区域与国家空间规划的空间同步与国土规划政策

Jurnal Daulat Hukum Pub Date : 2021-07-01 DOI: 10.30659/JDH.V4I2.15714

S. Kusriyah

{"title":"Spatial Synchronization and Territorial Planning Policies between Regions and National Spatial Planning","authors":"S. Kusriyah","doi":"10.30659/JDH.V4I2.15714","DOIUrl":"https://doi.org/10.30659/JDH.V4I2.15714","url":null,"abstract":"This study aims to determine whether the spatial and regional policies in the regions are in sync with the national spatial planning arrangements. The method used in this research is using a normative juridical research method, with the main data being secondary data in the form of documents related to regional spatial planning policies in the region, then the data is analyzed by qualitative analysis by providing an interpretation of the data that has been collected. The results show that the regional policy of Demak Regency in spatial planning as outlined in the form of a regional regulation with the aim of realizing regional space based on superior agricultural and industrial sectors, supported by the service trade and tourism sectors that are environmentally sustainable, refers to the Act. Number 6 of 2007, and Act No. 11 of 2020 concerning Job Goals, Government Regulation number 26 of 2008.The Regional Regulation on RT/RW regulates, among others: a) spatial planning policy, b) spatial planning strategy, c) spatial structure plan, d) spatial pattern plan, e) determination of strategic areas, f) spatial utilization direction, g) spatial utilization control direction, h ) rights, obligations and roles of the community, i) institutions, thus the policy for structuring spatial planning in the sub-region is in sync with the structuring of national spatial plans�","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"25 9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133112673","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

Settlement Policy of Criminal Actions which Performed by Children through Penal Mediation 通过刑事调解解决儿童刑事诉讼的政策

Jurnal Daulat Hukum Pub Date : 2021-07-01 DOI: 10.30659/JDH.V4I2.15744

Feri Satria Wicaksana Effendy, Arpangi Arpangi

{"title":"Settlement Policy of Criminal Actions which Performed by Children through Penal Mediation","authors":"Feri Satria Wicaksana Effendy, Arpangi Arpangi","doi":"10.30659/JDH.V4I2.15744","DOIUrl":"https://doi.org/10.30659/JDH.V4I2.15744","url":null,"abstract":"One form of progressive law in the Juvenile Criminal Justice System is the existence of penal mediation. The benchmark for the positive implications of penal mediation as a force is expected to encourage efforts to alleviate various issues that have been identified. Thus, the conditions for implementing penal mediation as the embodiment of Pancasila values in order to support the rule of law in the context of national development are expected to be truly realized. The problem in this research is how is the technical implementation of penal mediation in Indonesia? and How is the Penal Mediation Process at the stage of Investigation, Prosecution and Examination in Court Sessions. The method used in this study is normative juridical, which relates to the policy of resolving crimes committed by children through penal mediation. Penal mediation in the Juvenile Criminal Justice System Act is called Diversion. In accordance with Article 7 paragraph (1) of Act No. 11 of 2012 concerning the Juvenile Justice System, at the level of investigation, prosecution and examination of children's cases in district courts, diversion must be sought, based on a Restorative justice approach.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129059484","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: 5

The Realization of People's Sovereignty Through Recall of People to Elected Legislative Members 通过罢免民选立法委员实现人民主权

Jurnal Daulat Hukum Pub Date : 2021-07-01 DOI: 10.30659/JDH.V4I2.15745

Lukman Nulhakim, Siti Rodhiyah Dwi Istinah

{"title":"The Realization of People's Sovereignty Through Recall of People to Elected Legislative Members","authors":"Lukman Nulhakim, Siti Rodhiyah Dwi Istinah","doi":"10.30659/JDH.V4I2.15745","DOIUrl":"https://doi.org/10.30659/JDH.V4I2.15745","url":null,"abstract":"The purpose of this study is to analyze the recalling system of legislative members in Indonesia that does not reflect the value of Pancasila justice; as well as obstacles and solutions to the recalling of legislative members in Indonesia that fulfill a sense of justice and Pancasila values. The research method used is an empirical juridical approach. Research conclusions is the recalling system for legislative members in Indonesia has not reflected the value of Pancasila justice, especially the four principles of Pancasila, namely democracy led by wisdom/deliberation, and eliminating the election system based on Open Proportionality, where constituents do not choose parties but elect candidates. Obstacles in recalling legislative members in Indonesia restrain legislative members from voicing their opinions and their efforts to fulfill the demands of their constituents and their nation, and make legislators no longer become representatives of the people but merely party officials. Recalling members of the legislature should be returned to the sovereignty of the people through the General Election Commission which determines and determines the elected legislative member, whether an elected legislative member can be recalled by his party or not, and as a form of people's sovereignty, regulations should be made regarding terms, conditions and procedures of people from the electoral area of elected legislative members to be able to recall the legislative members who are representing them to the General Election Commission, and if there is a dispute between the people recalling the recalled members or their political parties, the dispute can be carried out through the Constitutional Court or Supreme Court.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":" 48","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132011163","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