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Journal : Law Development Journal

Comparative Analysis of Legal Winning Between Islamic Law & Traditional Law Muhammad Luthfi; Lathifah Hanim
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (715.742 KB) | DOI: 10.30659/ldj.3.1.61-70

Abstract

The purpose of this research is to find out about the application and things related to it, To know the views of Islamic law on marriage, and to find out the views of customary law in Kutuk Village, Undaan District, Kudus Regency about marriage. The research approach method used was sociological juridical. Writing specifications are descriptive analysis, sources and types of data used primary and secondary data. Data collection methods by interview, library research, and using qualitative data analysis methods. The conclusions of this study are: The marriage according to Islamic law is carried out very Islamic and really hopes for the pleasure of Allah SWT without being based on material. Meanwhile, the wedding according to customary law in Kutuk Village, Undaan Subdistrict, Kudus Regency is very close to the Kejawen area of Pati Regency and seems to smell of material existence. The material problem there really determines whether or not a proposal is accepted.
The Process of Investigation on Criminal Currency Beni Aji; Lathifah Hanim
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (554.336 KB) | DOI: 10.30659/ldj.2.4.504-510

Abstract

The objectives of this study are as follows: To identify and analyze the investigation process of currency crimes. To find out and analyze obstacles to the process of investigating currency crimes. To find out and analyze solutions to overcome barriers to the investigation of currency crimes. The method used by researchers is juridical sociological approach to law and The specifications in this research are descriptive. Based on the results of that research The process of investigating currency crimes actions in the form of: (a) arrest; (b) Detention; (c) Confiscation of evidence; (d) Witness examination; (e) Examination of the suspect (f) Then a discussion is conducted in the form of case analysis and juridical analysis; (g) Making a resume by the assistant investigator/investigator and then drawing a conclusion. The obstacles are: First, the lack of coordination between law enforcement officers. Second, the weakness of investigations against perpetrators who are categorized as perpetrators. Third, investigations currently carried out by investigators are limited to the perpetrators who destroyed rupiah banknotes, resulting in difficulties in fulfilling the subjective element, namely mens rea. Solutions include: a) Overcoming crimes committed by the Indonesian National Police for destroying rupiah banknotes. b) Regional and international police cooperation can be carried out through Interpol, other government agencies or directly. 
The Effectiveness Of Electronic Traffic Control Implementation In Reduce Motor Vehicle Accidents Priyo Utomo; Lathifah Hanim
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (524.102 KB) | DOI: 10.30659/ldj.3.3.573-578

Abstract

The rapid growth of the number of motorized vehicles that is not matched by the legal culture of the people who use motorized vehicles often results in an increase in the number of accidents. Electronic based traffic control. However, the lack of facilities and infrastructure for the implementation of electronic traffic control has resulted in the ineffectiveness of electronic traffic control, this also happened in the Grobogan area. This paper aims to further analyze the effectiveness of the implementation of electronic traffic control, especially in the Grobogan area. The method in this writing is qualitative descriptive. Based on the analysis carried out, it can be seen that the implementation of Electronic Traffic supervision in the Grobogan area has not been effective this is due to inadequate facilities and infrastructure. Then the factor of community obedience to the traffic rules that apply in Gobogan. 
Legal Protection For Parties In Economic Transactions Through Instagram Anita Afrelia; Lathifah Hanim
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (642.99 KB) | DOI: 10.30659/ldj.2.2.129-138

Abstract

Economic online has the function of integration of marketing, implementation of E-Commerce strategies, the main purpose of increasing the number of sales. The formulation of the problem in this thesis research are: 1) How is the validity of economic transactions through Instagram according to Act No. 19 of 2016 concerning Information and Electronic Transactions? 2) How is the legal protection for the parties in economic transactions through social media Instagram according to Act No. 19 of 2016 concerning Electronic Information and Transactions? The approach method used is Normative Juridical approach. From the results of this study, 1) The validity of economic transactions through Instagram according to Act No. 19 of 2016 concerning Information and Electronic Transactions can be declared valid and becomes the base of the implementation of a contract for both parties. 2) Legal protection for the parties in economic transactions through social media Instagram according to Act No. 19 of 2016 concerning Information and Electronic Transactions that against buyers who are injured in a sale and purchase dispute consists of litigation and non-litigation.
The Criminal Sanctions For Terrorism Crime Based On Terrorism Eradication Law And Islamic Law Wahyu Sriyono; Lathifah Hanim
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (581.394 KB) | DOI: 10.30659/ldj.3.2.328-338

Abstract

The crime of terrorism is a crime that is very dangerous for the sovereignty of the state and causes many victims. Seeing the very dangerous impact, the perpetrators of terrorism must be given heavy criminal sanctions. This study aims to identify and examine criminal sanctions for perpetrators of criminal acts of terrorism based on Act No. 5 of 2018 and Islamic Law. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of this study are criminal sanctions for perpetrators of criminal acts of terrorism based on Act No. 5 of 2018 are capital punishment, imprisonment, confinement, and criminal fines for corporations, while according to Islamic law perpetrators of criminal acts of terrorism are threatened with a hudud finger. This crime of terrorism is also included in the qishash finger which is sentenced to death if there is no pardon (amnesty). 
Investigation On Human Trafficking Especially Women Vinorika Padmadayani; Lathifah Hanim
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (604.772 KB) | DOI: 10.30659/ldj.2.2.85-90

Abstract

This study aims to identify and analyze the implementation of investigations the criminal act of human trafficking, especially women at the Brebes Police, what affects the rampant of human trafficking human trafficking, the factors that hinder and solutions in the implementation of the investigation of human trafficking, especially women in Brebes Police. This research uses an empirical juridical approach with descriptive analysis research specifications. The data used are primary data and secondary data obtained through interviews and literature study. The data analysis method used was qualitative analysis. Furthermore, based on the research results it can be concluded; The investigation of the criminal act of human trafficking is in accordance with the Criminal Code, but the investigators of the PPA Unit at the Brebes Police found a problem, namely that the laws and policies regarding human trafficking have not been properly socialized. The poverty factor, the desire to get rich quick, and the habitual factors of the population that become a culture,
The Power of Proof against CCTV in Criminal Justice System Tegar Kurnia Priambudi; Lathifah Hanim
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (614.327 KB) | DOI: 10.30659/ldj.3.2.193-197

Abstract

This study aims to determine and analyze the development of the proving power of CCTV in criminal justice, as well as the validity of CCTV as evidence in court.The research approach method used is normative juridical. This research uses qualitative methods with data collection techniques carried out by observation (observation), free in-depth interviews and is supported by literature study. Based on the research, it can be concluded that the function of CCTV recording is to strengthen the Judge's belief in describing the incident at the crime scene recorded in accordance with the facts which are reinforced by the Expert's conviction shown in the CCTV footage and strengthening trial evidence which serves to be used as 2 evidence in court because it is used as a clue and letter. The obstacles faced by the Judge in the process of proving premeditated murder through CCTV footage of the results that were displayed were unclear, due to the location of the CCTV.
The Protection of Investor Rights in Margin Transactions By Securities Companies when Force Selling is Performed Sulistyani, Ratu Vidi; Mashdurohatun, Anis; Hanim, Lathifah
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (683.113 KB) | DOI: 10.30659/ldj.3.4.774-789

Abstract

The purpose of this study is to analyze investor rights protection arrangements in the analysis of margin transaction financing and the implementation of investor rights protection arrangements in the analysis of margin transaction financing by Stock Exchange Companies when a share sale is forced. The research method applied is sociological juridical.The results of this study show The regulation on the protection of investor rights in the analysis of margin transaction financing by a Stock Exchange Company when a share sale is made by force has actually been regulated in a letter of agreement, which is stated in Bapepam-LK Rule Number VD6. The existence of these regulations has fulfilled the legal protection aspects for investors as regulated in the Civil Code, but has not fulfilled the investor legal protection aspects as regulated in the Capital Market Law and the Consumer Protection Law. The implementation of the protection of investors' rights in the analysis of margin transaction financing by the Stock Exchange Company when a forced sale of shares is carried out has been carried out through a contract accompanied by the implementation of an internal control system and the implementation of haircuts by the IDX.Keywords: protection, margin transactions, forced sell.
The Implementation of Criminal Sanctions on Criminal Acts of Narcotics Ristikowati, Mei; Hanim, Lathifah
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (642.089 KB) | DOI: 10.30659/ldj.3.4.790-798

Abstract

This study aims to examine and analyze the application of criminal sanctions against perpetrators of narcotics crimes and judges' considerations in the application of sanctions to perpetrators of narcotics crimes in the Batang District Court. The research method used is a Sociological Juridical Approach. Based on the results of the research on the application of criminal sanctions against perpetrators of narcotics crimes, starting from the indictment of the public prosecutor, who charged him with the Subsidarity charge, namely Article 114 paragraph (1), Article 112 (1) and Article 127 of Act No. 35 of 2009 concerning Narcotics. The basis for the examination in court is the Indictment of the Public Prosecutor, then the Panel of Judges conducts an examination of the indictment, in order to prove whether the Defendant has committed the crime as stated in the Article charged by the public prosecutor, whether the description of the defendant's actions is correct, which will be proven based on the applicable legislation. Considering the panel of judges in their decision, the panel of judges in their examination uses the theory of proof and punishment, where in the Aquo case the panel of judges will prove the elements contained in Article 114 paragraph (1), Article 112 (1) and Article 127 of Act No. 35 of 2009 concerning Narcotics as stated in the indictment of the public prosecutor, then examine the statements of witnesses, associated with the statements of the defendant and documentary evidence so that the facts of the trial will be obtained and evidence will be obtained which are mutually compatible and mutually reinforcing, from the results the research according to the authors of the panel of judges in court examinations has been based on the theory of evidence and the theory of punishment.
Co-Authors Abdul Syukur Aditya Rahma Wicaksono Adityo Putro Prakoso Ahmad Iksan Ahmad Ramadan Akhmad Khisni Akril Setiawan Amin Purnawan Anandayu Noor Anggiarini Anggrin Gayuh Praptiwi Anis Mashdurohatun Anita Afrelia Arafah, Arina Manasikana Arif Bahtiar Jefry Azhar Muzakir Azza Baharuddin, Alief Beni Aji Chatarina Umbul Wahyuni Demi Hadiantoro Devi Nindy Lestari Dewi, Rurin Mariyasi Dian Melina Didit Wardio Dini Amalia Fitri Djunaedi Djunaedi Dwi Fahri Hidayatullah Dwi Wahyono Dwijayanto, Kurniawan Yoganing Ely Cahyawati Erina Permatasari Fertin Fertin Fransiskus Saverius Nurdin, Fransiskus Saverius Gigih Bella Wicaksono Kenedy Gunarto Gunarto Gunarto Gunarto Gunarto Gunarto Gunarto H.Djunaedi H.Djunaedi H.Dwi Wahyono Halim Ady Kurniawan Hanif Dzaki Hartini Hartini Indah Rachmawati Indra Narotama Jawade Hafidz KERI SANTOSA Krisna Rendi Awalludin Kustiawan, M. Sjaiful Lia Malini Sari Lila Kurniawati Khisni Lutfia Syalwa Rufaida Mahali, M. Ubab Sohibul Mangirim Limbong Marcelelyan, Angelique Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Moch. Adimas P Mochammad Yefrie Dwi Oga Mohammad Shofii Noorman Noorman MS Noorman MS Noorman, MS MS. Noorman MS. Noorman MS. Noorman Muhammad Hakiki Dharmawan Muhammad Zaky Mushaffa Muhammad Zulfa Munsharif Abdul Chalim Munsharif Abdul Chalim Munsharif Abdul Chalim Ngadino Ngadino Noor Rachmawati Noorman, Mohammad Shofii Noorman Nor Hariani, Dea Nur Kusumah, Rizqa Nurcahyo Pratomo Widodo Peni Rinda Listyowati Pratis Widyalestari Priyo Utomo Purba, Ruth Cheline Eglesya Rahmanto, Ihsanat Fadhil Rifki Ardhianto Rinda Listyawati, Peni Ristanto, Sandy Chesar Ristikowati, Mei Rizki Adi Pinandito Rya Rizqi Amalia Saifuddin Saifuddin Semiyanto Semiyanto Septian Nanang Pangestu Seri Suharsa Siti Anggraini Siti Ummu Adillah Soegianto Soegianto Solikun Ni'am Subekhan Subekhan Sudiyo . Sukarmi Sukarmi Sulistyani, Ratu Vidi Tatik Arjiati Taufan, Taufan Tegar Kurnia Priambudi Vinorika Padmadayani Wahyu Sriyono Widhi Handoko Yalala, Nuranu Yanto Risdianto Yensih Yensih Yuhana, Shaza Refa Yuliana Zamrotul Khusna Yuniarto Prasetyo Aji