Jurnal Daulat Hukum最新文献

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Assessing and Encouraging Progressivity of Post-Mining Activities Arrangements 评价和鼓励采矿后活动安排的进步性
Jurnal Daulat Hukum Pub Date : 2021-06-22 DOI: 10.30659/JDH.V4I2.15713
Sigit Wibowo, L. Alw, Kornelius Benuf
{"title":"Assessing and Encouraging Progressivity of Post-Mining Activities Arrangements","authors":"Sigit Wibowo, L. Alw, Kornelius Benuf","doi":"10.30659/JDH.V4I2.15713","DOIUrl":"https://doi.org/10.30659/JDH.V4I2.15713","url":null,"abstract":"Mineral and coal mining activities have an impact on environmental damage. So that to overcome the environmental damage, a policy is made regarding post-mining activities. In essence, post-mining activities are an effort to restore the functions of the natural environment and social functions and are adjusted to local conditions in the mining area. However, the policy that was previously regulated in the old Mineral and Coal Law has not been effectively implemented. The existence of regulations regarding post-mining activities in the new Mineral and coal Law is expected to be more progressive. The problem is how is the progress of regulations regarding post-mining activities in the new Mineral and Coal Law? This problem will be examined in this paper using normative juridical research methods. Based on the research results, it is concluded that there is no progressive regulation of post-mining activities in the new Minerba Law, so it is necessary to have progressive regulations regarding post-mining activities in the future.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132680951","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
Juridical Analysis Related To Confidentiality Of Notary Liability 有关公证责任保密的法律分析
Jurnal Daulat Hukum Pub Date : 2021-05-21 DOI: 10.30659/JDH.V4I2.15576
D. Djunaedi
{"title":"Juridical Analysis Related To Confidentiality Of Notary Liability","authors":"D. Djunaedi","doi":"10.30659/JDH.V4I2.15576","DOIUrl":"https://doi.org/10.30659/JDH.V4I2.15576","url":null,"abstract":"Notary protection related to confidentiality, especially in the law enforcement process, has not been able to materialize effectively. This is because there is no real protection system for notaries who reveal the confidentiality of their rights in the law enforcement process. This writing uses an empirical juridical method. As for the results of existing research, it can be found that the fact that the limitations of a notary in maintaining the confidentiality of a notary's duties based on the Notary's Position Law are that notaries must keep secrets related to their position. The notary is obliged to keep the contents of the act secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drawing up of a deed and if he is made a witness in a case, can exercise his right to resign as a witness. However, it often happens that in a law enforcement process, a notary who is asked to assist in proof by disclosing the confidentiality of a deed that he has made can be sued and threatened by legal sanctions both in civil terms, namely acts against the law or for criminal reasons. Therefore, it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128442638","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 Analysis of Election Criminal Actions Around 2019 in Banjarnegara 2019年前后班加内加拉选举犯罪行为分析
Jurnal Daulat Hukum Pub Date : 2021-03-06 DOI: 10.30659/JDH.V4I1.13889
Endro Wibowo Aji, R. Suharto
{"title":"The Analysis of Election Criminal Actions Around 2019 in Banjarnegara","authors":"Endro Wibowo Aji, R. Suharto","doi":"10.30659/JDH.V4I1.13889","DOIUrl":"https://doi.org/10.30659/JDH.V4I1.13889","url":null,"abstract":"The purpose of this research is to find out what factors are hindering in enforcing the 2019 election criminal law in Banjarnegara Regency and how the solution is carried out by the Bawaslu of Banjarnegara Regency in enforcing the election criminal law in 2019. The research method is taken using sociological juridical with descriptive specifications done to retrieve the facts that happened. The results showed that in the administration of elections, law enforcement against criminal acts in legislative elections encountered many obstacles such as: the failure to fulfill the formal and material requirements of the alleged violation of election criminal acts, both from the findings of supervisors and public reports, made it difficult to follow up on the alleged violations; multi-interpretative regulations cause human resource difficulties in applying the articles that must be suspected in suspected election violations; disagreements between institutions in the integrated law enforcement center (Gakkumdu); limited time for handling election crimes. Bawaslu of Banjarnegara Regency in overcoming obstacles keeps trying as much as possible to follow up on suspected violations, maximizing preventive actions through various channels, media, and always coordinates both vertically with Bawaslu of Central Java Province and coordinates horizontally with all related parties in Banjarnegara Regency in the framework of minimize potential violations.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129152041","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
Law Enforcement against Entrepreneurs who Conduct Criminal Acts to Pay Wages Under the Minimum Wage 执法打击企业主支付低于最低工资的犯罪行为
Jurnal Daulat Hukum Pub Date : 2021-03-06 DOI: 10.30659/JDH.V4I1.13882
Sekar Tresna Raras Tywi, I. Maerani, Arpangi Arpangi
{"title":"Law Enforcement against Entrepreneurs who Conduct Criminal Acts to Pay Wages Under the Minimum Wage","authors":"Sekar Tresna Raras Tywi, I. Maerani, Arpangi Arpangi","doi":"10.30659/JDH.V4I1.13882","DOIUrl":"https://doi.org/10.30659/JDH.V4I1.13882","url":null,"abstract":"This study aims to determine how law enforcement is carried out by labor inspectors against employers who pay wages lower than the minimum wage. The method used in this paper is sociological juridical. The conclusion of this paper is that law enforcement on the payment of wages below the minimum wage is carried out gradually through preventive educational efforts, repressive nonyustisia to repressive yustisia. It is hoped that through this process the employer can pay the lowest wage according to the minimum wage so that punishment is the last alternative (ultimum remedium).","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126344580","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
Concept of Criminal Law on Corruption of Corporate Criminal Liability System Based on Justice Value 基于正义价值的企业刑事责任制度腐败的刑法概念
Jurnal Daulat Hukum Pub Date : 2021-03-06 DOI: 10.30659/JDH.V4I1.14205
A. Kholiq, G. Gunarto
{"title":"Concept of Criminal Law on Corruption of Corporate Criminal Liability System Based on Justice Value","authors":"A. Kholiq, G. Gunarto","doi":"10.30659/JDH.V4I1.14205","DOIUrl":"https://doi.org/10.30659/JDH.V4I1.14205","url":null,"abstract":"The purpose of writing is to analyze the corporate accountability system in order to impose crimes against corporations, and obstacles to imposing crimes against corporations. The method used is the statute approach and the case approach, the analysis method uses qualitative analysis with interpretation, and the data collection method uses library research. It can be concluded that corporations can be held accountable by using a system of absolute and substitute liability, and the obstacle is the application of a conventional criminal liability system and the difficulty of proving corporate wrongdoing. It is suggested that there is a common perception among law enforcers about the criminality of corporations.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115081664","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 Criminal Sanctions Implementation of Personnel Sexual Violence on Under Age�s Children (Minors) 未成年人(未成年人)人员性暴力的刑事制裁实施
Jurnal Daulat Hukum Pub Date : 2021-03-06 DOI: 10.30659/JDH.V4I1.13886
Afandi Afandi, Umar Ma’ruf
{"title":"The Criminal Sanctions Implementation of Personnel Sexual Violence on Under Age�s Children (Minors)","authors":"Afandi Afandi, Umar Ma’ruf","doi":"10.30659/JDH.V4I1.13886","DOIUrl":"https://doi.org/10.30659/JDH.V4I1.13886","url":null,"abstract":"The objectives of this research are: To analyze and explain implementation of criminal sanctions for perpetrators of sexual violence against minors. To analyze and explain constraints and solutions implementation of criminal sanctions for perpetrators of sexual violence against minors. The method used by researchers is a sociological juridical legal approach and the specifications in this study are descriptive. Based on the results of the research that the implementation of criminal sanctions for perpetrators of sexual violence against minors according to Act No. 23 of 2002 can be implemented and applies Article 82 of Act No. 23 of 2002 and Article 290 paragraph 2 of the Criminal Code that the defendant is proven to have fulfilled the objective elements and The subjective elements contained in both articles carry a maximum penalty of 15 years in prison and a minimum of 3 years in prison. The obstacles are: a) when the perpetrator of a criminal act of sexual violence against children knows that he has been reported by the victim to the police. b) The investigator has limited time in processing files of the crime. c) Lack of information about the perpetrator also makes it more difficult for investigators to find the perpetrator. d) It is difficult for the investigator to obtain information from the victim who has severe trauma. e) In investigating criminal acts of sexual violence against children, one of the steps the investigator takes to obtain evidence of a criminal act of sexual violence against children is to take a post mortem. The solution is: a) the investigator takes steps to collaborate with the police from various regions to find the whereabouts and secure the perpetrator.�","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115885309","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
Owner's Responsibilities of Vehicles Used as Illegal Public Transport When Traffic Accidents Happened 发生交通事故时非法公共交通工具车主的责任
Jurnal Daulat Hukum Pub Date : 2021-03-06 DOI: 10.30659/JDH.V4I1.13693
Hesti Kristi Wahyudi, S. Kusriyah
{"title":"Owner's Responsibilities of Vehicles Used as Illegal Public Transport When Traffic Accidents Happened","authors":"Hesti Kristi Wahyudi, S. Kusriyah","doi":"10.30659/JDH.V4I1.13693","DOIUrl":"https://doi.org/10.30659/JDH.V4I1.13693","url":null,"abstract":"The research objectives to be taken in the intended research plan are as follows: To know and analyzecriminal law construction for owners of vehicles used as public transportation or commercialized. To find out and analyzeconstruction of criminal law is the responsibility of owners of vehicles commercialized as public transportation. To find out and analyzesolution to the problem of responsibility of vehicle owners who commercialize their vehicles illegally when a traffic accident occurs on the highway. The method used by researchers isjuridical sociological approach to law and the specification in this research is including analytical descriptive. Based on the results of that research Construction based on criminal law Act No. 22 of 2009 concerningTraffic and road transportArticle 308 is a sanction for every person driving a public motorized vehicle not equipped with a license to carry out person transportation/not having a route. The construction of liability criminal law is based on Act No. 22 of 2009 concerningTraffic and road transport Article 315 states that when a criminal offense is committed by a Public Transportation Company, the criminal liability is imposed on the Public Transportation Company by adding a maximum fine of 3 (three) times the fines specified in each article and also subject to additional penalties in the form of temporary suspension or revocation transport operating license for the vehicle used.The obstacles: there are no articles in the Road Traffic and Transportation Act No. 22 of 2009 that can be used to ensnare vehicle owners. The solution is to hope that this article will exist so that in the future it can create a deterrent effect for vehicle owners so that they do not go around operating their vehicle without being equipped with existing terms and conditions in accordance with the law and in the future it is also expected to prevent the occurrence of traffic accident victims in large numbers.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133136628","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
Legal Protection For Workers/Medical Workers against Case of Diseases Due to Covid-19 工人/医务人员应对新冠肺炎疫情的法律保护
Jurnal Daulat Hukum Pub Date : 2021-03-06 DOI: 10.30659/JDH.V4I1.14200
Gresa Sekardatun, Siti Rodhiyah Dwi Istinah
{"title":"Legal Protection For Workers/Medical Workers against Case of Diseases Due to Covid-19","authors":"Gresa Sekardatun, Siti Rodhiyah Dwi Istinah","doi":"10.30659/JDH.V4I1.14200","DOIUrl":"https://doi.org/10.30659/JDH.V4I1.14200","url":null,"abstract":"The purpose of this research is to provide legal protection To find out and analyze all Medical Workers/Laborers affected by occupational diseases due to Corona Virus Disease 2019 (Covid-19) in Semarang City, they have obtained their rights in accordance with existing laws and regulations. The research method used is the sociological juridical approach method, descriptive analysis research specifications, the research data source uses primary data and secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. Data analysis using qualitative analysis methods. The result is the government, through the Labor Inspectorate, needs to provide guidance and outreach to companies so that employers will understand and understand the benefits of Work Accident Security (JKK), which is very much needed during a pandemic like this, because medical workers/laborers are at the forefront of carrying out their duties to treat patients who have being exposed to COVID-19 must be protected by registering all medical workers/laborers in the BPJS Of Workers Work Accident Insurance (JKK).","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130990000","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 Role of Prosecution Related to Prosecutor's Demand in Enforcing the Criminal Action of Narcotics 论检控在执行毒品刑事诉讼中的作用
Jurnal Daulat Hukum Pub Date : 2021-03-06 DOI: 10.30659/JDH.V4I1.13884
Septian Nanang Pangestu, Lathifah Hanim
{"title":"The Role of Prosecution Related to Prosecutor's Demand in Enforcing the Criminal Action of Narcotics","authors":"Septian Nanang Pangestu, Lathifah Hanim","doi":"10.30659/JDH.V4I1.13884","DOIUrl":"https://doi.org/10.30659/JDH.V4I1.13884","url":null,"abstract":"The objectives of this research are: to analyze prosecutors related to prosecutors 'demands in enforcing the narcotics crime law. To analyze the obstacles and solutions faced in making prosecutors' demands in enforcing the narcotics crime law.The method used by researchers isjuridical sociological approach to law and the specification in this research is including analytical descriptive. Based on the results of the research that the role of the prosecutor related to prosecutors' demands in enforcing the narcotics crime law has been fulfilled. The elements of a criminal act violating Article 127 paragraph (1) letter a of Act No. 35 of 2009 concerning Narcotics and it was proven to be against the law because the defendant had the intention to use methamphetamine himself or his own interests, while drugs can only be used for the benefit of developing science and technology. The obstacle is that witnesses who are majority members of the police, when called to be witnesses at trial, often do not attend the trial because they are busy with their superiors, which makes the prosecution process take a long time. The modus operandi in narcotics convictions is because the perpetrators work very well. To overcome the obstacles prosecutors carry out an activity, one of which is holding knowledge sharing meetings between law enforcers and related agencies, to gain unity in perceptions in handling Narcotics crime cases. Then carry out management improvements, so as to minimize the opportunity for narcotics crime to occur. Starting from the practice of handling narcotics crime, the first origin of narcotics crime is from one of the weaknesses of management.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130875207","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
Law Enforcement against Traffic Accident 交通意外执法行动
Jurnal Daulat Hukum Pub Date : 2021-03-06 DOI: 10.30659/JDH.V4I1.14201
Rio Tumiyadi Maulana, S. Kusriyah
{"title":"Law Enforcement against Traffic Accident","authors":"Rio Tumiyadi Maulana, S. Kusriyah","doi":"10.30659/JDH.V4I1.14201","DOIUrl":"https://doi.org/10.30659/JDH.V4I1.14201","url":null,"abstract":"The purpose of this study is as follows: To determine and analyze the factors that cause traffic accidents. To find out and analyze law enforcement against traffic accidents. To find out and analyze barriers in traffic accident law enforcement and their solutions. The approach used by the author to discuss the above problems is to use a sociological juridical approach, namely approaching the problem through legal research by looking at the legal norms that apply in society. The research specification used in this research is descriptive analytical. Based on the results of this study, the factors that cause traffic accidents include: the driver / driver is sleepy, the factor of the vehicle itself, road factors, environmental factors. Law enforcement against traffic accidents can be carried out by applying the provisions of Act No. 22 of 2009 concerning road traffic and transportation Article 310 if it concerns handling traffic accidents for negligence of drivers, either resulting in death or only injury. Obstacles in law enforcement of traffic accidents is the participation of the community, police officers, local governments at level I and level II as well as the role of the central government to work together to create a safe, comfortable and peaceful environment for the community. Efforts to overcome obstacles in traffic accident law enforcement are as follows: (a). Making efforts on the Government's side to revise the Articles in Act No. 22 of 2009 concerning road traffic and transportation; (b). Increase the number of personnel for the realization of maximum service; (c). Doing morning apples on roads that are at the heart of traffic problems; and D). Fostering legal awareness of the community to obey the law in traffic.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133989795","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
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