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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<![CDATA[Comparative Analysis of Legal Winning Between Islamic Law & Traditional Law ]]>
<![CDATA[Muhammad Luthfi]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.61-70
<![CDATA[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.]]>
<![CDATA[Criminal Investigation of Motorcycle Stealing Goods ]]>
<![CDATA[Yusril Ilza Amri]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.169-174
<![CDATA[This study aims to identify and analyze the factors that cause the increase in the number of criminal acts of arresting the results of motorcycle theft in the jurisdiction system of the Pati Regency Resort, as well as to identify and analyze the investigative actions carried out by the Pati Regency Police in the conception of law enforcement. This study uses a juridical empirical (sociological) approach. The results showed that there was an increase in criminal acts of detention of the results of motor vehicle theft in the jurisdiction of the Pati Police, including the desire to own a motorized vehicle, the economic condition of the perpetrator, the perpetrator's friendship, low legal knowledge, the intention to help the perpetrator of theft, persuade and lure profits, and in cooperation with many parties. Then the investigation carried out by the Pati Police on the criminal act of arresting a motor vehicle resulting from theft through 4 (four) stages, including: receipt of reports, summons, confiscation, and investigation. The obstacles faced by the Pati Resort Police included: the perpetrator moved from place to place, the perpetrator lost evidence, the lack of public participation, and the difficulty of proving it. Efforts made by the Pati Resort Police include 3 (three) attempts. Pre-emptive efforts are carried out by providing legal counseling to the public regarding criminal acts of theft and detention. Preventive measures are carried out by conducting raids and patrolling locations deemed prone to theft. The last resort.]]>
<![CDATA[Public Services in Election of Regional Chairman ]]>
<![CDATA[Evy Yuliati]]>;
<![CDATA[Widayati Widayati]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.19-29
<![CDATA[The purpose of this article is to describe the form of implementation or public services in regional head elections. This problem is related to several related theories, such as constitutional law theory, democratic law theory, people's sovereignty law theory. This article also discusseslaw and public policies implemented in the elections in Indonesia. MethodThe research used in writing this article is a type of normative legal research. The results of the study indicate that legal theory and public policy are needed in Indonesia. This is done as a basis for implementing democratic practices. The form of implementing laws in constitutional theory is that the KPU establishes KPU Regulations and KPU Decrees in the implementation of Pilkada and provides solutions to problems of implementing law that are contrary to KPU regulations. The mechanism is if there is a PKPU which is deemed contrary to the Election Law, then the examination will be carried out at the Supreme Court in accordance with the provisions in Article 9 paragraph (2) of Act No. 12 of 2011. The implementation of the theory of democratic law in Indonesia is by holding general elections to elect leader, starting from the regional level to the national level. These activities are carried out in order to realize the government system that the people want. The implementation of the theory of popular sovereignty in the Pilkada is the determination of the victory of a candidate for regional head which is determined based on the number of valid votes based on applicable law. The theory of sovereignty also contributes to implementing a democratic system through the principles of people's sovereignty. The conclusion from this research is that the theories that play a role in the implementation of the Pilkada include the theory of democracy, the theory of the constitution, and the theory of people's sovereignty. The three theories are interrelated to support the implementation of Pilkada in accordance with democratic principles. In addition, there are three levels of public policy, namely macro, meso, and micro public policies.]]>
<![CDATA[Criminal Action of Cosmetics Without License in Conception of Legal Expression ]]>
<![CDATA[Lutfi Anindita]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.148-153
<![CDATA[The purpose of this study is to determine and analyze the investigator's authority to handle the distribution of cosmetics without a permit in the construction of the legal system. To find out and analyze the implementation of Article 197 in conjunction with Article 106 paragraph (1) subside Article 196 in conjunction with Article 98 paragraph (2) and paragraph (3) of Act No. 36 of 2009 concerning Health in the conception of legal certainty. The approach method used in the preparation of this legal writing is to use a sociological juridical approach, namely seeing the law as human behavior in society.The specification of this research is descriptive analytical. Based on the results of that research The authorities of investigators to handle the unauthorized distribution of cosmetics in the construction of the legal system include: to receive reports or complaints from someone about the existence of a criminal act; take the first action at the scene; order a suspect to stop and check the suspect's identification; carry out an arrest, detention, search and confiscation; carry out inspection and confiscation of letters; take fingerprints and take a picture of a person; summon people to be heard and examined as suspects or witnesses; bring in the necessary experts in connection with the case examination; to terminate the investigation; take other action according tolaw responsible. Implementation of Article 197 in conjunction with Article 106 paragraph (1) subsidiary to Article 196 in conjunction with Article 98 paragraph (2) and paragraph (3) of Act No. 36 of 2009 concerning Health in the conception of legal certainty it is very appropriate to receive appropriate punishment because actions are very detrimental to the wider community both from an economic, social, and cultural perspective.]]>
<![CDATA[Suspension of Detention of Suspects in Framework of Realizing Human Rights Protection ]]>
<![CDATA[Fitriani Akrima]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.106-113
<![CDATA[The purpose of this research is 1) To find out and analyze the detention suspension process for suspects at the Bogor Police; 2) To find out and analyze about suspended detention to realize the protection of human rights, and to find out and analyze the obstacles in the implementation of suspension of detention and efforts to overcome them. The approach method used is Sociological juridical which in other words is a type of sociological legal research and can also be called field research, which examines the applicable legal provisions and what happens in reality in society. This research was analyzed using the theory of law enforcement, human rights and justice. The conclusion of this research is that the process of detention of a suspect at the Bogor Police is given to a suspect who has committed a criminal act and is carried out by the investigator, where the suspect in a criminal case filed strong and accountable reasons a request or request for a suspension of detention which can later be used as a basis for consideration and in accordance with Article 31 of the Criminal Procedure Code it has been stated that the suspension is carried out based on stipulated conditions, namely compulsory reporting, not leaving the house or not leaving the city.]]>
<![CDATA[Law Enforcement by Police against Children Who Committed Criminal Acts of Violence that Caused Death ]]>
<![CDATA[Roby Muhtar]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.71-76
<![CDATA[The purpose of this research; to know and analyze law enforcement by the police against children who commit violent crimes that lead to death. To find out and analyze the obstacles experienced by the police, especially the Criminal Investigation Unit (Criminal Investigation) against children who commit a criminal act that causes death and the solution.The method used by researchers isjuridical sociological approach to law and The specifications in this research are descriptive. Based on the results of the study it was concluded that in investigating cases of criminal acts with violence committed by underage school students, they are guided by KUHAP, KUHP. There are still investigators who are only guided by the disposition of the leadership in handling criminal acts against perpetrators of underage school students showing a low level of professionalism of investigators, so there are frequent violations of the provisions of the Criminal Procedure Code. Obstacles experienced by the police, especially the Criminal Investigation Unit (Criminal Investigation) against a child who commits a crime that causes death, which is usually found when the family does not cooperate and tries to cover up the existence of their child as the perpetrator of the crime. Efforts to overcome the obstacles faced by the police, especially the Criminal Investigation Unit, are: Outreach in schools and in the community. Patrol in certain areas is one of the police activities by 2 (two) or more members of the National Police.]]>
<![CDATA[Politics of Law of Social Security of Passenger Accidents Construction of State Responsibility ]]>
<![CDATA[Maryanto Maryanto]]>;
<![CDATA[Ahmad Suhasan]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.30-37
<![CDATA[The role of the presence of the state is important so that the implementation of social security from the government to the community is managed from compulsory contributions and community contributions. Management and control of the funds are submitted to the State Owned Enterprises (BUMN) PT. Jasa Raharja. This research method is normative juridical (normative law research) using normative legal studies in the form of legal behavior products. Research findings: (1) The Political Law of Social Security for Passenger Accidents and Road Traffic Accidents provides an overview of the Insurance business that has been managed so far PT. Jasa Raharja is a social insurance program that can be organized by BUMN, so PT. Jasa Raharja as a state-owned company is the only provider of social security insurance for passenger accidents and road traffic accidents. (2) Barriers to adjusting the implementation of the Social Security Program based on Act No. 40 of 2014 concerning Insurance in terms of regulation between Act No. 33 and 34 of 1964 with Act No. 40 of 2014 concerning Insurance, the institutional provisions of article 89 of the Insurance Law are implemented, so there is a fundamental change in the administration of the mandatory insurance coverage for passenger accidents and road traffic accidents.]]>
<![CDATA[The Role of Governor as Vice of Central Government in Regional Regulatory Oversight Regional Tax & Regional Retribution ]]>
<![CDATA[Muhammad Rois]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.114-119
<![CDATA[This study aims to discuss and analyze the role of the Governor as the Representative of the Central Government in the supervision of Regional Regulations on Regional Taxes and Levies in accordance with Act No. 23 of 2014 concerning Regional Government. The research method uses normative juridical. The results show that the mechanism carried out by the Governor as the Representative of the Central Government is the supervision of Regency Regional Regulations concerning Regional Taxes and Regional Retributions according to Act No. 23 of 2014 which prioritizes the evaluation aspects of the draft District/City Regional Regulations concerning Regional Taxes and Regional Levies before obtaining approval .]]>
<![CDATA[Effectiveness of Mandatory Labor Report in Company of Network for Provision of Company Data ]]>
<![CDATA[Jamaludin Al Ashari]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.77-85
<![CDATA[This study aims to determine and analyze the effectiveness of the application of compulsory employment reports in networks (online) in supporting the provision of company data in districts/cities, especially in Salatiga. The research method used in this writing is sociological juridical. Based on the research, it is concluded that the enforcement of mandatory employment reports in companies in the network (online), in terms of reporting speed, helps the government and entrepreneurs or company administrators to carry out their reporting obligations, but in terms of quantity and quality of reporting, it is considered ineffective in supporting the provision of company data in the City of Salatiga.]]>
<![CDATA[Law Enforcement on Fiducian Security Objects Due to Withdrawal of Fiducia Security Objects ]]>
<![CDATA[Angga Kusumah]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.38-43
<![CDATA[The objectives of this study are: Knowing and analyzing Law Enforcement against Fiduciary Guarantee Objects Post-Constitutional Court Decision Number 18 / PUU-XVII / 2019. Knowing and analyzing the obstacles that occur in law enforcement on the object of fiduciary security. In this research, the approach method used is the sociological juridical approach. The research specification used in this research is descriptive analysis. Based on the research, it is concluded that law enforcement on the object of fiduciary guarantee after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is preventive that has been carried out including: reading of rights and obligations and signing signatures by each party, registration of Fiduciary Security at the Ministry of Law and Human Rights, insuring units and parties, and give warning 3 (three) times before securing Fiduciary Security goods. The repressions that have been carried out include administrative law enforcement, criminal law enforcement and civil law enforcement. Constraints that Occur in Law Enforcement of the Object of the Fiduciary Guarantee and the solution is insufficient evidence, the solution is to look for such evidence; If the collateral object has not been found, the investigator needs to carry out further investigation; The suspect is not present, runs away, does not have a permanent place of residence or his identity is not clear, the solution is to carry out further investigations. Responding to the facts above, it is necessary that the Fiduciary Security Law be more socialized to the public,]]>
