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[The Handling Of Hoax/False Information In The Legal Jurisdiction Area ]]>
<![CDATA[Nur Cahyo Ari Prasetyo]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.564-572
<![CDATA[This study aims to identify and analyze the handling of hoaxes in the jurisdiction of the Central Java Regional Police and the obstacles faced in handling hoaxes in the jurisdiction of the Central Java Regional Police. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results showed that phandling hoaxes in the jurisdiction of the Central Java Regional Police through preemptive, preventive and repressive efforts which are the last resort. The handling of hoaxes at the Central Java Regional Police is in line with progressive legal theory which is based on the principle that the law is for humans. In handling hoaxes, there are several obstacles faced, namely the difficulty of finding perpetrators, difficulties in uncovering evidence, the lack of facilities and infrastructure, the budget required for handling hoaxes is very large, differences in legal perspectives from the founding countries of social media. These obstacles are an inhibiting factor in law enforcement.]]>
<![CDATA[Criminal Law Policy In Law Enforcement Of Sim-Swab Crime ]]>
<![CDATA[Dwi Margono]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.521-529
<![CDATA[This study aims to examine and analyze criminal law policies in law enforcement of SIM-Swab crimes, obstacles and legal consequences as well as solutions in law enforcement of SIM-Swab crimes. The research method and approach method used in solving the problem is empirical juridical, namely by reviewing the applicable legal provisions and what is happening in reality in society. The results showed that emergence and development of SIM-Swab crimes has a complex background, not only due to unplanned and well-organized economic development, but also other socio-political factors. Therefore, without being supported by policies in other development fields such as social, economic and political fields, the use of criminal law as a means of overcoming SIM-Swab crimes has very limited capabilities. To optimize the function of criminal law in this effort, it is necessary to integrate social policies and criminal politics as well as integration between the use of penal and non-penal means. The enforcement of criminal law against SIM-Swab crimes has not been maximized and the crimes continue to grow. This is inseparable from the various obstacles faced. First, related to the characteristics of SIM-Swab crimes that are difficult to detect. Second, theoretically, criminal law juridical itself provides limitations in law enforcement and there are still various problems, both regarding the substance of the law, law enforcers, conflicts of interest in society, supporting facilities and legal culture in the banking community. So it is necessary to have a number of policies to correct the various deficiencies that exist.]]>
<![CDATA[Law Enforcement At Sea Hinders Sea Toll Program Towards Indonesia As A Global Maritime State ]]>
<![CDATA[Karolus Geleuk Sengadji]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.657-665
<![CDATA[The purpose of this research is to identify and analyze obstacles to shipping activities and solutions for law enforcement at sea to support shipping activities/sea tolls programs. The specification of this research is descriptive analytical, and the approach to the problem is carried out in a normative juridical manner, to examine national and international laws and regulations in the shipping sector. The data used are secondary data from primary legal materials, secondary legal materials and tertiary legal materials, which are collected through literature study, and analyzed using qualitative analysis methods, and presented described descriptively. The results of the study indicate that the obstacles in shipping activities/sea tolls programs are the many law enforcement agencies at sea which have overlapping authority to stop and inspect ships at sea, so the best solution is to have an integrated security system under one civil institution to be effective and efficien to support the smooth running of the sea tolls program.]]>
<![CDATA[The Policy For Handling Criminal Acts Of Insult/Hate Speech Or Damage Through Internet ]]>
<![CDATA[Didik Sudarmadi]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.481-487
<![CDATA[The purpose of this study is to find out and analyze the legal policy of the Information and Electronic Transactions Law (ITE) on the handling of criminal acts of defamation via the internet in Indonesia, to find out the obstacles to handling it. This study uses a sociological juridical approach, with analytical descriptive research methods. The results of the study conclude that crime prevention efforts need to be pursued with a policy approach, in the sense that there is an integration between criminal politics and social politics and there is an integration between penal and non-penal crime prevention efforts. The obstacle faced by law enforcement officers today is how to capture cybercrime perpetrators in relation to the provisions of the applicable criminal law. Law enforcement officers are faced with difficulties in determining the qualifications of crimes given the difficulty of finding evidence. As well as solutions for resolving criminal defamation cases through electronic social media at the Indonesian Police in two ways, namely through penal facilities (repressive activities after the occurrence of a crime) and non-penal means, in the form of counseling for preventive actions.]]>
<![CDATA[The Restorative Justice Effectiveness In Law Enforcement Of Damage Of Goods Crime ]]>
<![CDATA[Vikha Anief Obaydhillah]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.613-620
<![CDATA[Legal settlement based on restorative justice in the crime of destruction of goods is basically a more effective and efficient solution, however, not all people are willing to carry out this legal effort. This study aims to analyze more deeply the position of restorative justice in law enforcement in cases of destruction of goods. The research approach used is sociological juridical. The results of the analysis in this paper find the fact that the settlement of cases based on restorative justice which is carried out through legal remedies outside the court basically has advantages. The main advantage of resolving cases including criminal cases outside the court with alternative dispute resolution (ADR) is that decisions made by the parties themselves (win win solutions) reflect a sense of justice. However, this has not been effective in resolving cases of vandalism. This is shown by the data above which shows the lack of implementation of alternative dispute resolution in resolving criminal cases of vandalism in the community.]]>
<![CDATA[The Effectiveness Of Electronic Traffic Control Implementation In Reduce Motor Vehicle Accidents ]]>
<![CDATA[Priyo Utomo]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.573-578
<![CDATA[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. ]]>
<![CDATA[Criminal Aspects For Legal Processing On Persons Abuse Of Illegible Drugs ]]>
<![CDATA[Yanto Mulyanto P]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.530-537
<![CDATA[The purpose of this study is to find out, examine and analyze the implications of the criminal aspect in the implementation of the Health Law on perpetrators of drug abuse. This research uses normative juridical method. Based on the research, it can be concluded that in the application of the criminal act of distributing and abusing pharmaceutical preparations without a distribution permit as regulated in Article 197 of Act No. 36 of 2009 concerning Health, the formulation contained in this article is anyone who intentionally produces or circulate pharmaceutical preparations and/or medical devices that do not have a distribution permit as referred to in Article 106 paragraph (1), namely pharmaceutical preparations and medical devices can only be circulated after obtaining a distribution permit. Accountability in criminal law is carried out on the basis of error and some is carried out without having to prove the existence of the error (strict liability Errors can be divided into two types, namely intentional and negligence. Therefore, it is necessary to form a general health policy that can be implemented by all parties and at the same time can answer the challenges of the era of globalization and with the increasing complexity of health problems in a new Health Law to replace Law Number 23 of 1992 concerning Health with Law No. Law Number 36 Year 2009 concerning Health.]]>
<![CDATA[Child Position Analysis As A Criminal Actor Of Homosexual In Juvenile Criminal Justice System ]]>
<![CDATA[Cucuk Kristiono]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.666-674
<![CDATA[The purpose of this study is to formulate government policies in handling children who commit crimes through the Juvenile Criminal Justice System. This study uses a normative juridical method with a library study data collection method. The results of this study indicate that the formulation policy of the Garut Police Criminal Law enforcement through the Garut District Court Decision Number 10/Pen.Pid.Sus-Anak/2018/PN Grt against children as perpetrators of homosexual crimes turns out to be treated the same as children who commit other conventional crimes such as theft. , persecution, fights and others. The decision from the court is that rehabilitation should be carried out, the handling of which is only handed over to Islamic boarding schools, meaning that there is no special treatment in rehabilitating children who commit homosexual crimes. Whereas homosexual perpetrators are deviant behavior and must get special treatment especially if they are still children with the hope of recovering, of course it is greater in the form of integrated treatment not only from the spiritual aspect, there must be treatment from the medical and psychological aspects, so that the goals of rehabilitation will be more maximally achieved. . Suggestions related to the findings of this research is the need to include articles in Act No. 11 of 2012 to regulate more specifically in the implementation of the rehabilitation of children as perpetrators of homosexual crimes.]]>
<![CDATA[An Implementation Of Electronic Traffic Law Enforcement Against Traffic Violations ]]>
<![CDATA[Dodiawan S Dodiawan S]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.488-495
<![CDATA[This study aims to identify and analyze the implementation of Electronic Traffic Law Enforcement and the obstacles in implementing ETLE in the context of law enforcement against traffic violations at the Blora Police Traffic Unit. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results showed that ETLE implementation is carried out in several stages, starting from CCTV installation, data recording of violators, identification of Smart Resident Center (SRC), sending letters to violators, confirmation, issuing ticket and BRIVA code, to blocking of STNK. This is a manifestation of law enforcement against traffic violations while still paying attention to the principles of justice, legal certainty and expediency. However, in practice there are several obstacles, namely the immediate addition of CCTV installations with adequate camera quality, notifying the vehicle owner that he has committed a violation and to immediately change the name of the vehicle, conducting raid operations on the highway, as well as conducting socialization and education about traffic rules and regulations ETLE.]]>
<![CDATA[The Reforming Of Money Politics Cases In Election Law As Corruption Crime ]]>
<![CDATA[Wawan Setiyawan]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.621-629
<![CDATA[This research aims to knowing and analyzing the reformulation of money politics in the election law as a criminal act of corruption. The research method in writing this journal uses normative (doctrinal) research methods. Based on the research, it is concluded that reformulation of money politics in the election law as a corruption crime can be done by including a clause on political corruption as a special offense in the General Election Law so that it can be a strong legal basis for law enforcement officials to take steps - preventive or repressive measures to realize clean elections and corruption-free politics.]]>
