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 4 (2020): December 2020"
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<![CDATA[The Enforcement of Criminal Laws of Hate Speech in Social Media ]]>
<![CDATA[Feri Vernando Situngkir]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.542-548
<![CDATA[The objectives of this study are as follows: To determine the law enforcement of hate speech crimes in social media. To find out the factors that hinder criminal law enforcement of hate speech in social media. This is to determine the efforts to overcome the obstacles to the enforcement of the hate speech criminal law. This study uses an empirical juridical approach, with descriptive analytical research specifications. The results of this study are law enforcement against hate speech offenders on social media starting from the first stage, namely the police. hate speech perpetrators then the next step is to the prosecutor's office, and the last stage of the trial. Penalties in the form of imprisonment and fines for hate speech offenders are expected to provide a deterrent effect on hate speech criminals on social media. Inhibiting factors, namely, Public Awareness Factors, Security Factors, Law Enforcement Factors. Efforts to overcome obstacles, namely Act No. 11 of 2008 which was later revised to Act No. 19 of 2016, the formation of a special division by the police that specifically handles cyber crime cases, the holding of a cyberpatrol to monitor activities on social media, and the establishment of a cyber agency. national to minimize the spread of negative content on social media, as well as the existence of government services to make it easier for the public to report cyber crime cases.]]>
<![CDATA[The Process of Investigation on Criminal Currency ]]>
<![CDATA[Beni Aji]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.504-510
<![CDATA[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. ]]>
<![CDATA[Legal Policy for Management of Criminal Action of Narcotics in Low Education ]]>
<![CDATA[Bayu Dwa Anugrah]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.456-464
<![CDATA[The objectives of this research are: To know and analyze how legal handling of narcotics crime among low education.To find out and analyze obstacles and solutions prevention of narcotics crime among low education. The results of this study areWays to Overcome the Law on Narcotics Crime Among Low Education, among others: 1) Preventive, namely policies that see the root causes of the main causes of crime through a social approach, a situational approach and a community approach to eliminate the elements of potential interference (Correlative Criminogen Factors); 2) Preventive (prevention), namely to form a society that has resistance and immunity to drugs. Prevention is better than eradication .; and 3) Repressive (repression), namely taking action against and eradicating drug abuse through legal channels and based on law, which is carried out by law enforcers or security forces assisted by the community. Internal obstacles are the lack of resources for sophisticated technology equipment to match the technological sophistication of drug network syndicates in distributing and producing drugs, while external obstacles that come from outside are the confusion of articles in the Narcotics Law regarding sanctions against victims of abusers, lack of participation and public participation as police intelligence to provide information and information in order to uncover and uncover cases of illicit traffic and narcotics abuse. Future efforts will be made to overcome obstacles in overcoming narcotics crime among low education. Drug Crime Unit personnel are given education or training on the use of technology so that they can use IT tools in order to detect narcotics offenders and networks; Narcotics Crime Unit personnel carry out vocational education in the field of combating narcotics crime. And the personnel of the Narcotics Crime Unit are required for investigators to continue their education to higher education so that their insight and understanding of the Narcotics Law can better understand so that they can carry out investigations into a more organized modus operandi.]]>
<![CDATA[The Role of Judges Based on Considerations of Community Cultural Values to Create Justice ]]>
<![CDATA[Handika Naufal Husni]]>;
<![CDATA[Widayati Widayati]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.591-598
<![CDATA[This paper discusses the role of judges based on the cultural values of the community in realizing justice. With the sociological juridical approach method, namely through the role of judges in court to realize justice. In realizing justice, judges apply the law based on a verdict and the judicial power law that judges have rights and a code of ethics which is specifically regulated in law. Regarding the culture of the community that still exists, it is hoped that the role of the judge is to actualize justice by putting in place a rule and implementing a decision with a legal background that exists in the community, namely customary law as an addition to a decision.]]>
<![CDATA[Restorative justice in Settlement of Criminal Action of Grievant Delicion ]]>
<![CDATA[Nugraha Nugraha]]>;
<![CDATA[Sukarmi Sukarmi]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.549-556
<![CDATA[The objectives of this research are: To find out and analyze Restorative justice in the criminal law system in Indonesia. To find out and analyze the implementation of Restorative justice in the settlement of criminal complaints offenses. To find out and analyze the constraints on the implementation of Restorative justice in the settlement of criminal offenses complaints and their solutions.The method used by researchers isjuridical empirical legal approach and the specification in this research is including analytical descriptive. Based on the results of that research Restorative justice in the criminal law system in Indonesia, namely focusing on the needs of both victims and perpetrators of crimes. In addition, the Restorative justice approach helps criminals to avoid other crimes in the future. The implementation of Restorative justice in the settlement of criminal cases of complaint offenses at the Cirebon City Police using a retributive approach (retaliation) can shift to a restorative approach (recovery). The obstacle: The investigative authority granted by the Criminal Procedure Code. In the Criminal Procedure Code, investigators are given the authority to stop an investigation on the basis of the consideration that it is not a criminal act, insufficient evidence as a criminal act, and for the sake of the law. KUHAP regulates the withdrawal of reports or complaints only for certain cases, namely those which constitute offenses for complaints. The solution: In accordance with social jurispurdence theory. Propose to the highest leadership to formulate definite rules or organizational mission and the purpose of establishing a system (legalization) for the application of Restorative justice. Outreach to the community.]]>
<![CDATA[Reform of Bureau of Public Services in Framework of Prevention & Eradication of Corruption in Indonesia ]]>
<![CDATA[Novita Ilmaris]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.634-646
<![CDATA[Corruption in Indonesia decreases public trust, especially in the case of public services where there are still many irregularities, such as a long time, convolution and a lot of costs, so that public service bureaucracy reform is needed to realize good governance. This study aims to identify and describe the reform of the public service bureaucracy in the context of preventing and eradicating corruption in Indonesia. This study uses a normative juridical approach, which is descriptive analytical. The data used is secondary data obtained through the research library, which is then analyzed qualitatively. The result of this research is that public service bureaucratic reform in the context of preventing and eradicating corruption in Indonesia is carried out by improving the quality of public services, which aims to create equal distribution of public service quality at all levels, both at the ministry / agency level to the regional level. Bureaucratic reform in public services emphasizes the importance of improving the quality of public services, with a focus on public interests, and upholding accountability and transparency.]]>
<![CDATA[The Criminal Law Policies in Law Enforcement of Local Regulations on Smoking-Free Areas ]]>
<![CDATA[Dian Pramythasari Utamawati]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.511-518
<![CDATA[The purpose of this research is as follows: To know and analyze criminal law policy in enforcing local regulations on No Smoking Areas. To find out and analyze the implementation in enforcement of local regulations on No Smoking Areas. To find out and analyzebarriers to implementing the enforcement of local regulations on No Smoking Areas and their solutions. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data which are then analyzed qualitatively. The result of this research is that the purpose of this policy is to provide human rights for citizens to obtain a clean, healthy and safe environment. Implementation in the Enforcement of Regional Regulations on No Smoking Areas is still not optimal as seen from the previous discussion there are still individuals or employees who have not complied with the regional regulations for no smoking areas. Barriers: a. A designated smoking area that is rarely used. b. Lack of employee awareness of comfort and health. c. There are still employees who have not complied with these regulations. The solution: a. The person in charge again provides outreach on the No Smoking Area Regional Regulation to employees. b. Provide sanctions in the form of fines. c. Improve communication about smoking rooms. d. Raise employees' awareness of the benefits of smoke-free areas.]]>
<![CDATA[Effectiveness of Performance of Prosecutor's Office in Preventing Corruption Crime after the Team's Disbandment ]]>
<![CDATA[Joko Kris Sriyanto]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.610-618
<![CDATA[The objectives of this study are: 1. To find out and analyze the effectiveness of performance of Grobogan District Attorney in the context of preventing criminal acts of corruption after the dissolution of Regional Government and Regional Development Guards and Security Team (TP4D) in the construction of legal system. 2. To find out and analyze the obstacles faced by the Grobogan District Attorney in the context of preventing criminal acts of corruption after the dissolution of Regional Government and Regional Development Guards and Security Team (TP4D) and their solutions. The research method used is juridical sociology, which is an approach that studies social phenomena in society with legal aspects. Based on the research, it is concluded that as the implementation of duties of Guards Team, Government Security and Regional Development (TP4D), the Grobogan District Prosecutor's Office remains professional in carrying out its duties in the context of preventing criminal acts of corruption after the dissolution of guard and security team for government and regional development (TP4D) in the construction of a legal system that is right. in a period of 3 (three) years, starting in 2016, 2017, 2018 and 2019, the Team of Guards, Safeguards for Government and Regional Development (TP4D) of Grobogan District Prosecutor's Office has handled corruption crimes, showing an achievement from one of roles. The Attorney General's Office in optimizing the prevention of criminal acts of corruption through the Regional Government and Development Guard and Security Team (TP4D).]]>
<![CDATA[Criminal Threats against the Abuse of Bonded Zone Facilities ]]>
<![CDATA[Agus Widodo]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.465-476
<![CDATA[Bonded Zone is one form of facilities provided by the customs authority (Directorate General of Customs and Excise) to entrepreneurs in the form of a fiscal which aims to provide the maximum benefit for national economic growth as well as the usual form of treatment for international relations. Entrepreneurs using the Kawasan Beikat facility have the potential to abuse the facilities provided. This research is entitled Criminal Threats Against Misuse of Bonded Zone Facilities. The aim of this research is to find out whether the abuse of bonded zone facilities can be punished by crime and how the modes used by these 'naughty' businessmen are to divert or avoid import duties and taxes. The research method used is normative juridical. The conclusion of this research is that the entrepreneur who receives the facility can abuse the facility for the benefit of the entrepreneur or the interest of the individual so as to harm state revenue. Act No. 10 of 1995 concerning Customs in conjunction with Act No. 17 of 2006 concerning amendments to Act No. 10 of 1995 concerning Customs has regulated the criminal threats that can be imposed for the abuse of bonded zone facilities. The mode used is to reduce the actual / physical quantity of exported goods from the number of goods notified in the export document. It is as if the company has re-exported imported goods that have received facilities. But by them, not all of the imported goods are used for production / re-export but they are resold locally.]]>
<![CDATA[Taḥqiqul Manāth in Madzhab-Contextualization of Non-Muslim Status in Indonesia ]]>
<![CDATA[Muhammad Faeshol]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.599-609
<![CDATA[The fatwa or decision of Bahtsul Masail which gave the status of non-Muslim Indonesians given the status of ḥarbi fī dzimmati tta'mīn was corrected by the Nahdlatul Ulama National Conference in Banjar City, West Java in 2019. Using a legal contextuality within the framework of the Imam Syafi'i school of thought, Nahdlatul Ulama 'stated Indonesian non-Muslims as non-Muslims are ordinary citizens who are the same as Muslim citizens and are not included in one of the four categories of kafirs in the schools with all the legal consequences. Contextualization as an effort to understand a law according to its context is carried out so that the law of fiqh madzhab in its application adapts to the changing and different context of reality. Ignorance of changes and differences in context will result in the application of the law of fiqh madzhab which violates the school itself.maḥall al-ḥukmi and ahl al-ḥukmi. The results of the National Conference as a correction to the different previous fatwas were carried out as a necessity so that the application of the law of fiqh madzhab was correct in its application. Not to change the law of the school of fiqh. The four categories of kafir remain in the madzhab as a kulli concept. But implementing it must be appropriatemaḥall al-ḥukmi her.And non-Muslims in Indonesia are not maḥall al-ḥukmi is right for the concept.]]>
