Jurnal Daulat Hukum最新文献

{"title":"The Legal Policy on Traffic Breaches by Children Under Age/Minors","authors":"Wahyu Lurus Stiyo Budi, Bambang Tri Bawono","doi":"10.30659/JDH.V3I4.12896","DOIUrl":"https://doi.org/10.30659/JDH.V3I4.12896","url":null,"abstract":"This study aims to explain the law enforcement mechanism against traffic violations by minors. To explain the implementation of law enforcement in relation to a sense of justice for the parties concerned. This study uses a normative juridical approach. This type of research is a case/field research. Case/field research is research that aims to study intensively the background of the current state and the environmental interactions of an object. So that analysis and facts can be obtained carefully, thoroughly, and clearly about the process of resolving cases of traffic violations against minors. The results showed that law enforcement against traffic violations by minors, namely through diversion, namely at the level of investigation, prosecution, and examination of cases of children in district courts must be pursued by Diversion, provided that the criminal act is committed; Is threatened with imprisonment for a maximum of 7 (seven) years and does not constitute a repeat offense. The criminal sanctions that are applied to traffic violations of minors, namely the judge's decision based on Act No. 3 of 1997 in the Juvenile Criminal Justice System Bill in the form of crimes or actions. the perpetrator is still subject to punishment for the incident through the applicable procedures according to the Juvenile Criminal Court Law.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126021864","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}

{"title":"The Implementation Of Duties & Functions Of Immigration Office In Granting Statement Permits Of Foreign Citizens","authors":"Septarina Nur Handayani, S. Wahyuningsih","doi":"10.30659/jdh.v3i3.11249","DOIUrl":"https://doi.org/10.30659/jdh.v3i3.11249","url":null,"abstract":"This study aims to determine the duties and functions of the Immigration Office in granting residence permits for foreign citizens, enforcing immigration laws against violations of residence permits for foreign nationals and knowing the obstacles and efforts made by the Immigration Office in granting residence permits for foreign citizens.This research uses an approach method Normative juridical which refers to the applicable laws and regulations by examining secondary data against the principle of immigration law, namely Act No. 6 of 2011 as well as case studies at the immigration office.Based on the research results, it can be concluded that the implementation of granting residence permits for foreign nationals at the Immigration Office is in accordance with the provisions stipulated in Act No.6 of 2011 concerning Immigration and related regulations as the executor. For foreign citizens who do not obey the rules, the Immigration Office can enforce the law to create state security and discipline. The obstacles faced are limited human resources, limited infrastructure, communication and administration. Efforts to overcome obstacles include: multiple assignments, procurement of generators, bringing in interpreters according to language, providing assurance of the issue of residence permits.��������Keywords: Immigration; Foreign Citizens; Residence Permit; Security and Discipline.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117119717","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}

{"title":"The Role of Regional / City Governments in Developing and Supervising Of Village Regulation","authors":"A. Ananda, S. Kusriyah","doi":"10.30659/jdh.v3i3.11267","DOIUrl":"https://doi.org/10.30659/jdh.v3i3.11267","url":null,"abstract":"The research objective was to identify and analyze the role of district / city government in the guidance and supervision of village regulations. This research method is a normative-empirical approach, by examining Laws and regulations related to the role of district / city local governments in fostering and supervising village regulations with their implementation. The conclusions from the results of this study indicate that in the formation of a Village Regulation, the role of district / city Regional Government is regulated in Article 115 of Act No. 6 of 2014 concerning Villages, one of which is to provide guidelines for drafting village regulations and village head regulations. The technical guidelines for the preparation of village regulations in Kolaka district are regulated in Perda No. 4 of 2009 in its implementation the technical guidelines are still very difficult to adjust to the current conditions due to the issuance of the Law of Permendagri No. 6 of 2014 concerning the Village.Keywords: Coaching; Supervision; Regional Government; Village Regulations; Regent Regulation.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122986733","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}

{"title":"Community Policing Strategy (Polmas) In The Implementation Of Bhabinkamtibmas Tasks As A Radical Detection Basis","authors":"Surajab Surajab","doi":"10.30659/jdh.v3i3.11245","DOIUrl":"https://doi.org/10.30659/jdh.v3i3.11245","url":null,"abstract":"The implementation of the Community Policing Strategy (POLMAS) in the implementation of BhabinKamtibmas duties as the basis for the detection of radical understanding, is very important in creating social security. This study aims to analyze the Polmas Strategy in the implementation of BhabinKamtibmas duties as the basis for the detection of radical understanding, potential constraints and problems related to the implementation of the Polmas Strategy in implementing the duties of BhabinKamtibmas as the basis for the detection of radical understanding. The method used in this research is normative legal research. Sources and data types use primary data and secondary data. The data collection method was done through literature study, while the data analysis method used qualitative analysis. The results showed that the implementation of the Community Police Strategy in the implementation of BhabinKamtibmas duties as the basis for the detection of radical ideology, namely BhabinKamtibmas carrying out door-to-door visits to all areas of its assignment, carrying out and assisting problem solving, organizing and securing activities the public, receive information about the occurrence of non-crime, provide guidance and guidance to the public or the community regarding issues of social security and police services. The obstacles faced are the developing police culture, young police officers, the idiom that police officers on the streets are better than police officers who work behind the desk, the accountability of the police in response to complaints and the dynamics that occur in society, limited human resources, welfare of police officers, 2 police car patrols, accountability command, structural rewards, community satisfaction with police performance, failure to integrate Police work with criminal detection. The problems faced are the public's negative perception of the police, low public awareness of environmental security, sociological diversity of society, ambiguity in people's attitudes, facilities and infrastructure.Keywords: Community Policing; Community Security; Radical Understanding.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124115342","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}

{"title":"The Limit Of Age Of Marriage Is Related To The Certification Of Marriage (Study Of Early Marriage Reality In Jepara Regency)","authors":"S. Arifin, Akhmad Khisni, M. Chalim","doi":"10.30659/JDH.3.2.%P","DOIUrl":"https://doi.org/10.30659/JDH.3.2.%P","url":null,"abstract":"The purpose of this study is to find out the background of the Marriage Worth certificate policy, the reality of early marriage and its impact in Jepara Regency and the Marriage Worth Certificate as an effort to reduce early marriage. The approach in this research is sociology juridical. Data collection methods in this study consisted of primary data obtained directly from the parties concerned. Secondary data consists of Primary legal materials and secondary legal materials namely materials that provide primary legal explanations. As an explanation, tertiary legal materials are given.From this study it can be concluded that the background to the emergence of a Marriage Certificate policy is that divorce rates are increasing, women's reproductive health is problematic, the number of stunting children is caused by teenage mothers and increased domestic violence. Reality the number of early marriages in Jepara Regency increased significantly in 2019 3.16% for men and 3.45% for women. From 9041 marital events dominated by the North Jepara region. The reason is also the local cultural factors that are influenced by the social system and the tradition of young marriage which is inherited in the family. While the impact of making children drop out of school, loss of reproductive rights of children due to having to get pregnant and give birth at a young age, the number of LBW that can lead to the stunting of the Marriage Right Certificate Policy as an effort to prevent early marriage, is very welcomed by various parties and religious leaders as marriage requirements for Catholicism and Hindu. In order to increase family fortune and become a sakinah, mawaddah and rahmah (mercy family).Keywords: Marriage Age Limit; Marriage Certificate; Early Marriage.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"288 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116862004","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}

{"title":"Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal","authors":"Sisno Pujinoto, Anis Mashdurohatun., Achmad Sulchan","doi":"10.30659/jdh.v3i2.10085","DOIUrl":"https://doi.org/10.30659/jdh.v3i2.10085","url":null,"abstract":"The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131489514","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}

{"title":"Implementation Of Police Role In Countermeasures Of Traffic Criminal Acts Of Traffic Violations In Efforts To Establish Police Images As Community Guidelines","authors":"R. Riyanto, Umar Ma’ruf, S. Kusriyah","doi":"10.30659/jdh.v3i2.9385","DOIUrl":"https://doi.org/10.30659/jdh.v3i2.9385","url":null,"abstract":"This study aims to determine the implementation of the role of the police in traffic criminal acts of traffic violations in an effort to build the image of the police as a community protector and inhibiting factors and solutions. The method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and library studies. The data analysis method uses qualitative analysis. As a knife of analysis, crime prevention theory and law enforcement theory are used. The results showed that the implementation of the role of the police in tackling traffic violations in an effort to build the image of the police as a community protector was carried out through preemptive, preventive and repressive efforts. Pre-emptive efforts are carried out through socialization activities whose main purpose is to instill moral values in society to obey the law. Preventive efforts are carried out through operations or patrols to prevent traffic violations. While repressive efforts carried out through actions in the form of reprimands or tickets to violators. Inhibiting factors in implementing the role of the police in tackling traffic violations in an effort to build an image as a community protector are the lack of professionalism of the traffic police, the legal awareness of the community is still low, and there is a culture of lawlessness from the community.Keywords: The Role Of The Police; Criminal Acts; Traffic Violations.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114284930","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}

{"title":"Application Of Act No. 22 Of 2009 As A Traffic Accidents Countermeasures Management In The Blora Police Law Area","authors":"Preliyanto Puji Utomo, Bambang Tri Bawono","doi":"10.30659/jdh.v3i2.9373","DOIUrl":"https://doi.org/10.30659/jdh.v3i2.9373","url":null,"abstract":"The problems discussed in this study are efforts to tackle traffic accidents by law enforcers in the Blora Police Law Area and the application of Act No. 22 Of 2009 On Road Traffic and Transportation to accident rates in the Blora Police Law Area. The approach method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and library studies. The data analysis method uses qualitative analysis. As a knife analysis, crime prevention theory and law enforcement theory are used. The results of the research show that the handling of traffic accidents by law enforcers in the Blora Police Law Area is carried out through preventive and repressive measures. Preventive efforts are carried out through routine patrol activities, zebra operations, counseling at schools and in the community and installing biilboard warning signs in accident-prone areas. The repressive effort is carried out through a series of investigative actions against traffic accidents which are guided by applicable laws and regulations. The application of Act No. 22 Of 2009 On Traffic and Road Transportation towards accident rates in the Blora Police Law Area is not optimal. The accident rate is still relatively high from year to year despite various efforts have been carried out. This is due to the lack of public awareness and legal culture of the community which does not support the programs implemented by the Blora Police Law Area in reducing the level of traffic accidents.Keywords: Implementation; Countermeasures; Traffic Accidents.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133407303","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}

{"title":"Implementation Of Criminal Enforcement In The Circulation Of VCD (Video Compact Disc) On The Level Of Investigations In Rembang Polres Area","authors":"Priyantono Priyantono, Jawade Hafidz","doi":"10.30659/jdh.v3i1.8775","DOIUrl":"https://doi.org/10.30659/jdh.v3i1.8775","url":null,"abstract":"This study aims to determine and analyze the implementation of criminal law enforcement in pirated VCD (Video Compact Disc) cases at the investigation level in the Rembang Police area, obstacles and efforts to overcome them.The method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and library studies. The method of data analysis uses qualitative analysis. As a knife of analysis, law enforcement theory is used, and law effectiveness theory is used.The results showed that the implementation of criminal law enforcement in the case of pirated VCD (Video Compact Disc) at the level of investigation in the Rembang Police District area was in accordance with the provisions of the applicable laws and regulations, namely through several stages namely investigation, forced effort, examination, determination of suspects , filing, submitting case files to the public prosecutor and submitting the suspect and evidence to the public prosecutor. Obstacles in the implementation of criminal law enforcement in pirated VCD (Video Compact Disc) cases at the investigation level in the Rembang Police Precinct are investigators who have difficulty tracking down perpetrators, difficulties in bringing in expert witnesses, lack of legal awareness from perpetrators or from the public.Keywords: Criminal Law Enforcement; Investigation; Distribution Of Pirated Video Compact Discs.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124786083","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}

{"title":"Implementation Of Village Funds In Implementation Of Development As An Effort To Improve Community Welfare In Kadiwono Village, Bulu District, Rembang Regency","authors":"A. Ridwan, Widayati Widayati","doi":"10.30659/JDH.V3I1.8778","DOIUrl":"https://doi.org/10.30659/JDH.V3I1.8778","url":null,"abstract":"One of the most important things in Act No. 6 of 2014 on Villages is the existence of special rules contained therein which contain regarding village funds. Research will answer the problem formulation that is how the implementation of village funds in the form of implementation of development in the Kadiwono Village, Bulu District, Rembang Regency. The method of approach in this research uses the sociological juridical method with the research specifications descriptively analysis. The data used for this study are primary and secondary data taken from field observation, interviews, and literature study methods. Based on the research concluded in 2019, Kadiwono Village, Bulu District, Rembang Regency obtained Village Revenues totaling Rp 1,500,432,113 consisting of village funds, tax revenue-sharing, retribution sharing, village fund allocation, provincial financial assistance, district financial assistance, and the remaining 2018 budget (SILPA). In village expenditure, Kadiwono Village divides 4 areas in village expenditure through the allocation of village funds, namely (1) the field of village governance, (2) development, (3) community development, (4) and community empowerment.Keywords: Village Funds; Development; Public Welfare.","PeriodicalId":118542,"journal":{"name":"Jurnal Daulat Hukum","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121812651","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}