Law Development Journal
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Agrarian Law Criminal Procedural Law Civil Procedural Law Constitutional Law Islamic Law; Akhwalus Syakhsyiyah Law; Munakahat Law; Faraidh/Mawaris Law; Army/Military Law; Sea Law; Economic Law; Medical Law; Custom Law; Environmental Law, etc.
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"Vol 2, No 3 (2020): September 2020"
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<![CDATA[Parent Responsibility Towards Criminal Actions Of Traffic Accident By Children Which Sustained Others Death ]]>
<![CDATA[Himawan Aji Angga]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.265-271
<![CDATA[The aim of this studyto find out and analyze the efforts made by parents and Polrestabes Semarang in overcoming traffic accidents by children that cause other people to die, the resulting losses, as well as the form of parental responsibility for traffic accidents by children in the jurisdiction Polrestabes Semarang. The research problem is analyzed by the theory of the operation of law in society, the theory of criminal liability and the theory of substitute liability. The approach method used is juridical sosilogical method, the specification in this research is descriptive data analysis used is qualitative. The results of the study: That the factors that cause the use of motorized vehicles by children in the jurisdiction of the Semarang Police are ignorance, personal encouragement, family encouragement, social encouragement, disinterest and opinions are not obliged to order traffic. That in order to overcome this problem, it has been done Efforts by the Traffic Police of the Semarang Police, include Pre-emptive, preventive and repressive efforts. Parents must also try to encourage the school to prepare school pick-up facilities, issue restrictions on using motorbikes, and not provide parking spaces. Parents can also make efforts by encouraging the Semarang City Government to provide transportation.]]>
<![CDATA[Requirements Effectiveness to Obtain License C (SIM) in Pressing of Traffic Accidents ]]>
<![CDATA[Sarpan Sarpan]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.287-293
<![CDATA[This study aims to determine and analyze the effectiveness of reducing traffic accidents in Purworejo by encouraging children aged 17 years to have a license C, and to reduce traffic accidents seen from Article 81 paragraph (2) letter A of Act No. 2 Of 2009. Methods approach used in this study is a sociological juridical approach. The research specification is descriptive analytical. In this research, the analysis used is qualitative analysis. The results of this study are: 1) The effectiveness of the 17 year age setting as a condition of obtaining a Class C Driving License (SIM C) in order to reduce traffic accidents in Purworejo has been effective, because teenagers who have a license C can better understand the procedures for driving a motorized vehicle on the highway and obey more traffic rules. According to the examiner, the age limit of 17 years to obtain a license C is not suitable in order to reduce traffic accidents. There is no need to change the age limit of 17 years, only to be tightened in testing the license so that the quality of the license better reflects the driver's competence. 2) The role of the police in reducing traffic accidents, seen from Article 81 Paragraph 2 Letter A of Act No. 22 Of 2009, is sufficiently good in its implementation and ideal as well as the application of sanctions given to perpetrators of road accidents on a regular basis.]]>
<![CDATA[The Role of the Sub Directorate of Cyber Crime, Ditreskrimsus in Investigating Crime of Cyber Crime ]]>
<![CDATA[Agus Supriadi]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.412-418
<![CDATA[Cybercrime This is understandable given the inherent characteristics of cybercrime, which are cross national boundaries. Indonesia has established a regulation on cyber crime in the Law on Electronic Information and Transactions (UU ITE). This writing aims to identify and analyze the roles and constraints of the sub-directorate for cyber crime in the investigation of cyber crime.The approach method used by the author in this study is a sociological juridical approach. The research specification uses descriptive analysis, data sources come from primary and secondary data. This writing discussion is analyzed using legal certainty theory and social control theory.The role of the subdit cyber crime in conducting cyber crime investigations is to carry out investigations and investigations into special crimes (cyber) that occur in the form of summons, examinations, seizures, searches and arrests and detentions related to cyber cases being handled as well as providing assistance in the handling of cyber crime cases that are currently being handled. handled by Regional ranks / Polres. The constraints of the sub-directorate for cyber crime in the investigation of cyber crime include: the data reported by the reporter is very minimal, it is easy to remove traces of the perpetrator, the lack of evidence for investigations, my human resources are still limited and special tools to support the investigation process, the arrest of suspects we often do not can determine exactly who did it.Keywords: Cyber Crime, Role, Investigation.]]>
<![CDATA[The Authority of the Police in Issuance of Music Performance Permits as Efforts to Control Security and Order ]]>
<![CDATA[Dian Rahayu Windyastuti]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.368-373
<![CDATA[Aim This study is to determine and analyze the regulatory procedures for issuing music stage permits, the authority of the National Police in issuing permits for music performances as an effort to control security and order and factors inhibiting Polri's authority in issuing permits for music performances as an effort to control security and order. This study uses an empirical juridical approach. The conclusion of this research is about the Procedure for Issuance of Music Performance Permits, namely; The applicant brings the requirements (photocopy of ID card and musical performance record, then the officer provides a Community Service Accountability Statement, Environmental Permit Statement, Location Permit Statement, after completing a Music Performance Permit issued by the Chief of Police, which is then submitted to the permit applicant. . the authority of the National Police in issuing permits for music performances as an effort to control security and order. Provide permits and supervise public crowd activities and other community activities, Fostering the community to increase community participation, public legal awareness and obedience to the laws and regulations of the community, Maintain orderliness and ensure public safety. factors inhibiting the authority of the National Police in issuing musical performances as an effort to control security and order. There is a music stage permit that has not extended or does not make a Performance Recommendation, The time for a sudden permit application should be 7 (seven) days before the activity or event takes place, When the environmental permit statement is not approved by the environment around the location of the event]]>
<![CDATA[RELEASE OF ALL LEGAL DEMANDS (ONTSLAG VAN RECHT VERVOLGING) IN JUDGMENT'S CONSIDERATION ]]>
<![CDATA[Andi Kusuma Mapareppa]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.331-338
<![CDATA[This study aims to identify and explain the basic position of judges' considerations in issuing a decision free from all lawsuits for the accused and to analyze the development of law, law science and legal information technology and to adjust legal theory and legal practice for the sake of a sense of justice in society. This study uses a normative juridical approach. which refers to the applicable laws and regulations by examining secondary data on the principle of legal certainty, the principle of legal justice, the principle of legal usefulness as regulated in law number 4 of 2009 concerning Judicial Power. Based on the results of this study, there are differences in the meaning or terms between a release decision and an acquittal decision. In the judge's consideration in the case decision No.627 / Pid / Sus / 2018 / PN.Smg, in his consideration the judge stated that the defendant's actions were proven but not a criminal act as in the indictment of the public prosecutor and in accordance with the Semarang District Court judge in imposing a crime having considered juridical, sociological and philosophical considerations, in deciding the decision to be released from all lawsuits (ONTSLAG van RECHTVERVOLGING) based on article 191 paragraph (2) of the Criminal Procedure Code, which reads "If the court is of the opinion that the act of which the defendant is accused is proven, but the act does not constitute a criminal act, then the defendant is acquitted of all lawsuits ”.]]>
<![CDATA[Implementation of Criminal Sanctions by Public Prosecutor against Narcotics Abuse ]]>
<![CDATA[Prihananto Prihananto]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.294-301
<![CDATA[The purpose of this study is to describe and analyze the implementation, barriers and policies to overcome obstacles in the application of criminal sanctions by public prosecutors in prosecuting class I narcotics abusers at the Semarang City District Attorney. The method used in this research is juridical empirical, which is descriptive-analytical. The data used in this study are primary data and secondary data, which were obtained from interviews and literature studies, then analyzed qualitatively. The conclusions in this study are: (1) the application of criminal sanctions by the public prosecutor refers to the BAP and evidence provided by the police, which is based on the activities of the suspect when the police are arrested; (2) obstacles in the implementation of the application of criminal sanctions by the public prosecutor, including obstacles in terms of legal substance, legal structure and legal culture: (3) so that policies are needed to overcome these obstacles to achieve justice, including revision of articles in the Law. Narcotics Law, holding knowledge sharing, holding outreach, and coordinating with related agencies.]]>
<![CDATA[Driving License Management Services In Preventing Traffic Accidents ]]>
<![CDATA[Puguh Agung Dwi Pambuditomo]]>;
<![CDATA[Widayati Widayati]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.419-425
<![CDATA[In the Blora Police jurisdiction, the number of traffic accidents from year to year has increased. One of the efforts to reduce the rate of traffic accidents is by making SIM services according to the correct procedure. The purpose of this study was to determine and analyze the service for making a driving license (SIM) at the Blora Police in order to prevent traffic accidents and to find out and analyze the obstacles faced by the Blora Resort Police in making a driving license and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications. Types and sources of data are primary data and secondary data. The data collection methods are field studies and literature studies. The data analysis method uses qualitative analysis. The theory of public service, law effectiveness and benefit theory is used as an analysis knife. The results showed that the service for making a driving license (SIM) at the Blora Police in order to prevent traffic accidents has been implemented in accordance with applicable statutory procedures and can be said to be effective in reducing accident rates. The problem faced by the Blora Resort Police in making a driving license is the lack of number of personnel. The solution is to divide the service into two groups, namely applicants for new SIM and applicants for SIM extensions; the timeliness of service is not in accordance with the SOP, the solution is to immediately take a theoretical test every time a participant has a If there is equipment damage in the SIM service, the solution is to wait for the technician to arrive while still performing services using the available equipment; and lack of public awareness and understanding, the solution is by socializing the community.]]>
<![CDATA[Synergy of Potential Sources of Social Welfare and District Social Welfare Workers in Handling People with Social Welfare Problems ]]>
<![CDATA[Ahmadi Ahmadi]]>;
<![CDATA[Rachmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.368-382
<![CDATA[This study aims to determine and analyze the causes. What is meant by social problems and who are people with social welfare problems (PMKS) and potential sources of social welfare (PSKS)? And how can social welfare be realized in the midst of society? This research method used is empirical juridical method. Sources of data use primary and secondary data. Data collection methods are carried out by interviews and literature techniques through literature studies by reading, studying books and related laws and regulations. The problems of this research were analyzed with the theory of democracy, theory of elections and theory of social problems. This result research shows that in overcoming social problems is constrained by the low community participation to participate in handling social problems in the field. Therefore the role of the government is to be able to develop awareness in the community so that the nature of social volunteerism that exists in the community can arise so that the character to help others through individuals and communities and organizations can emerge. If only relying on the government's helping hand through the social programs disbursed, it has not been able to solve or close the gap in social problems that arise in the community. Furthermore, the government must be able to match the existing potentials in the community so that it can be used as a core force in building a network of social pillars in the community.]]>
<![CDATA[A CRIMINAL INVESTIGATION OF THE CRIMINAL STEALING THAT CAUSES THE DEATH OF PERSONS CONDUCTED BY CHILDREN ]]>
<![CDATA[Hanung Hendratmoko]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.339-345
<![CDATA[The crime of theft with violence is regulated in Article 365 of the Criminal Code. Ironically, this crime is committed by someone who is considered a child in the eyes of the law. This writing discusses the mechanism of investigation, constraints and solutions in the implementation of the mechanism for investigating the crime of theft with violence that causes the death of a person committed by a child.The approach method used in this research is the sociological juridical approach. The specification of this research is descriptive analysis and the source of the data that I use comes from primary data and secondary data. This writing uses an analytical knife based on the theory of justice and the theory of punishment.The mechanism for investigating the crime of theft with violence that causes the death of people is carried out starting from the existence of police reports, investigations, investigations, arrests and detention, searches, seizures, witness statements, and statements of suspects. Obstacles in implementing the investigation mechanism are internal and external constraints. The solution to the obstacle is: the investigator confirms to the suspect's legal adviser to always be present and accompany the suspect in the investigation process, the investigator maximizes his performance to look for evidence according to the maximum time limit, the investigator tries to take an emotional approach, the investigator is assisted by the Correctional Center (BAPAS) provide understanding to children to stay calm.]]>
<![CDATA[Law Enforcement against Criminal Action with Fingerprint Evidence ]]>
<![CDATA[Wilddan Auliya]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.302-306
<![CDATA[The objectives of this study are 1) To study and analyze law enforcement against the perpetrator of the crime of theft using fingerprint evidence. 2) To analyze the factors that influence law enforcement against the perpetrators of criminal acts of theft. 3) To formulate should be obstacles and solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence in the future. This research method uses empirical juridical research. The results of the study concluded that: 1) Law enforcement against perpetrators of criminal acts of theft with fingerprint evidence uses 2 (two) means, namely: a) Non-penal means are law enforcement against criminal acts using the means non penal includes the use of social facilities to improve certain social conditions, but indirectly affects efforts to prevent crime. b) Penal facility Penal facility is the prevention of crime by using criminal law and for studying fingerprints or often referred to as evidence which is one part of assistive science used by the police in taking and studying fingerprints. 2) The factors that influence law enforcement on the eradication of criminal acts of theft consist of internal and external factors. Internal factors consist of social inequality, economic inequality, injustice. 3) Constraints and solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence a) the obstacles faced are legal aspects and aspects of investigators b) Solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence require a role/action Indonesian Police in law enforcement, especially in handling criminal acts of theft with fingerprint evidence (dactyloscopy), it can be seen that the police action in dealing with criminal acts of theft in the future is besides maintaining its procedures (Permanent Program), namely chain patrols, early detection, handling of TKP that were attacked by the Police, Polwiltabes and Central Java Regional Police/as well as case titles until the case is revealed.]]>
