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 Role Optimizing of Election Observers in 2019 Elections ]]>
<![CDATA[Achwan, Achwan]]>;
<![CDATA[Kusriyah, Sri]]>;
<![CDATA[Suharto, Rakhmat Bowo]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.700-709
<![CDATA[This study aims to analyze the role of monitoring and optimizing the role of election observers. The specification of this research is analytical descriptive with socio-legal approach method. The method of collecting data is by interviewing and analyzing data from laws and regulations, research results, scientific works and relevant books. The results of this study indicate that election monitoring plays an important role in the quality of elections, namely complementing the limitations of Bawaslu in terms of the number of supervisory personnel and the breadth of the scope of its supervision, as a form of public participation, as an election control institution, as part of citizen political education and as a balance between election organizers. . To optimize the role of election observers, this can be done by: registration for accreditation is carried out at the beginning of the stages, election monitoring is carried out at all stages, the need for mastery and understanding of all election regulations, the need for sources of funds other than member fees such as budget assistance from the government or in collaboration with donor agencies that not affiliated with any election contestants or political parties, ]]>
<![CDATA[The Waqf Legal Politics in Law Reform Perspective ]]>
<![CDATA[Ajie, Okky Prastyo]]>;
<![CDATA[Arpangi, Arpangi]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.852-862
<![CDATA[This study aims to analyze the previous ijtihad fuqaha towards the designation of waqf land was aimed at the benefit of the people in accordance with the social conditions at that time. Likewise, the ijtihad of Indonesian scholars towards the development of waqf objects is for the benefit of mankind which is adapted to the needs and social settings at this time. Because basically the law is the articulation of human thought and activity in his life. Legislation is the main way of creating laws. Regulations is the main joint of the national legal system in Indonesia. The research method used by the author is normative juridical research. This scientific method approach is used to find the truth based on the theory of normative legal experts. In addition, legislation is a very effective instrument in law reform because of its binding and coercive legal force. Legal politics has a very important role in the formation of laws and regulations and Indonesian national law, considering that legal politics is used as a basic guide in the process of determining values, establishing and developing national law in Indonesia. Waqf as an institution derived from Islamic law plays an important role in the religious and social life of Muslims. In conclusion, the waqf legal regulations that are applied to Indonesian Muslims today can be found in book III of the Compilation of Islamic Law (KHI) and Act No. 41 of 2004 concerning Waqf.]]>
<![CDATA[The Community Law Compliance with Marriage Age Limitation Provisions ]]>
<![CDATA[Wahab, Abdul]]>;
<![CDATA[Khisni, Akhmad]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.799-807
<![CDATA[The objectives of this research are to find out and analyze the community's legal compliance with Act No. 16 of 2019 concerning the Provisions on the Marriage Age Limit and the inhibiting factors for the implementation of Act No. 16 of 2019 concerning the Provisions on the Marriage Age Limit as well as efforts to overcome obstacles to the implementation of Act. This study uses a sociological juridical approach, with descriptive research specifications. The results of this study are Community Legal Compliance with Act No. 16 of 2019 concerning Provisions on Marriage Age Limits, where it is known that public legal awareness of underage marriage is relatively low, where some of the people who already know these rules still register their children's marriages. Inhibiting factors include: First, there are still people who do not know the contents of the policy. Second, there are still people who do not know the benefits. The third is the lack of success of the goal of the law in question is to reduce the rate of marriage at a young age. Efforts to overcome for the prospective bride and groom who have not reached the age of 19 years, their parents/guardians are requested to apply for a Marriage Dispensation to the Religious Court in the area where they live.]]>
<![CDATA[The Role of Bhabinkamtibmas in Supporting Motor Vehicle Tax Arrears Collection During the Covid-19 Pandemic ]]>
<![CDATA[Facha, Nyi Ayu Fitria]]>;
<![CDATA[Sulchan, Achmad]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.749-756
<![CDATA[This study aims to analyze the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears during the covid-19 pandemic in the Demak police jurisdiction and the obstacles to implementing the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears during the covid-19 pandemic in the Demak police jurisdiction and the solutions. The approach method is sociological juridical; analytical descriptive research specifications; data sources are primary data and secondary data; data collection methods through field studies and literature studies; while the data analysis method used qualitative analysis. As an analytical tool, role theory, legal effectiveness theory and benefit theory are used. The results of the study show that the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears in the jurisdiction of the Demak police station is to submit a motor vehicle tax bill to motorized vehicle taxpayers. This role is effective in increasing the realization of PKB revenue in the Demak Regency. The obstacles to implementing the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears come from internal and external factors.]]>
<![CDATA[The Juridical Formulation of Hate Speech Cyber Crime and Its Law Enforcement Implementation ]]>
<![CDATA[Ismanto, Hadi]]>;
<![CDATA[Gunarto, Gunarto]]>;
<![CDATA[Endah Wahyuningsih, Sri]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.710-718
<![CDATA[The purpose of this paper is to analyze the juridical formulation of Article 28 paragraph (2) and Article 45 paragraph (2) of the ITE Law and the implementation of law enforcement. The method used is normative juridical. The research results obtained that the juridical formulation of Article 28 paragraph (2) in conjunction with Article 45 paragraph (2) of the ITE Law, contains several juridical weaknesses that it does not formulate the qualifications of the offense whether it is "violation" or "crime" law enforcement. The origin of 28 paragraph (2) is proven through a meaningful analysis of the content of the accused's hate speech phrases that actually cause hostility, communal conflicts through the symbolization of religious figures.]]>
<![CDATA[The Effectiveness of Marriage Age Limit Regulations ]]>
<![CDATA[Chamidah, Chamidah]]>;
<![CDATA[Khisni, Akhmad]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.844-851
<![CDATA[This research aims to know the effectiveness of the regulation on the marriage age limit based on Act No. 16 of 2019. The research method used is the juridical-sociological research method, The juridical approach will discuss research using laws relating to the regulation of the marriage age limit and marriage dispensation contained in Act No. 1 of 1974, Constitution Number 16 of 2019, the Compilation of Islamic Law, and others, while a sociological approach is used to find out and analyze the judge's view of the case for a marriage dispensation application. The results of the study concluded that the regulation of the minimum age limit for women to marry was raised in Act No. 16 of 2019 was not effective for the people of Jepara Regency, the increase in applications for marriage dispensation at the Jepara Religious Court experienced a very significant increase, as indicated by the number of applications for marriage dispensation experienced a very significant increase, 2 times more than before the birth of Act No. 16 of 2019.]]>
<![CDATA[The Community Participation in the Implementation of Diversion at Investigation Level ]]>
<![CDATA[Rahmawati, Dian]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.808-818
<![CDATA[This study aims to determine the role of the community in the implementation of diversion at the level of investigation that is important as a way of resolving cases of children who are in conflict with the law. This research was carried out in the city of Semarang, Central Java by selecting institutions relevant to the problem in this journal, namely the Class I Penitentiary Semarang by using a research method in the form of the Sociological Juridical method. The research specifications used were descriptive analytical. The data sources were obtained from primary data sources and secondary data with data collection carried out by means of field studies by conducting interviews supported by literature studies. From the research conducted, the authors get the following results, The role of community members in implementing diversion is very important because apart from being mandated by Act No. 11 of 2012, community members also implement Community Based Corrections (CBC); community participation can increase the effectiveness and efficiency of the settlement of children's cases; Community participation in the implementation of diversion is an effort to protect children and protect the community itself.]]>
<![CDATA[The Implementation of Passive Removal Granting for Corruption Criminal Acts ]]>
<![CDATA[Kholis, Ahmad Nur]]>;
<![CDATA[Suharto, Rakhmat Bowo]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.757-766
<![CDATA[Conditional release is one of the rights of every convict who is serving a prison sentence in a Correctional Institution, including convicts of criminal acts of corruption. Since the issuance of Government Regulation Number 99 of 2012, the conditions that must be met in granting parole for convicts of criminal acts of corruption have been tightened on the basis of a sense of community justice. This study aims to examine and analyze the implementation of the provision of parole for convicts of criminal acts of corruption at the Class I Penitentiary in Semarang, as well as the obstacles faced in its implementation. This study uses an empirical juridical approach with analytical descriptive research methods. The data used are primary and secondary data obtained by interview, observation and literature methods. The results of the study concluded that the implementation of the provision of parole for convicts of criminal acts of corruption at the Class I Penitentiary in Semarang was carried out in accordance with the rules of Government Regulation No. 99 of 2012. In practice, not all convicts of criminal acts of corruption can obtain parole because the conditions are not met. Obstacles experienced in the implementation of the provision of parole for convicts of criminal acts of corruption include: convicts are unable to pay fines and/or replacement money, the implementation of social work assimilation must involve third parties as a condition for proposing parole and the existence of information as a justice collaborator from enforcement officers in another law. To overcome these obstacles, it can be done by coordinating and proposing leave before being released.]]>
<![CDATA[The Traffic Impact Analysis on Province Roads as Requirement for Licensing Services Provision in Building Sector ]]>
<![CDATA[Mursito, Bambang]]>;
<![CDATA[Kusriyah, Sri]]>;
<![CDATA[Hafidz, Jawade]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.719-728
<![CDATA[The purpose of this research is to study and analyze the impact of traffic on provincial roads as a permit requirement in the building sector by local governments based in Central Java and the solution efforts. The approach method used in this research is sociological juridical. The results of the study indicate that: the implementation of the traffic impact analysis on provincial roads encountered obstacles, among others, before the implementation of the traffic impact analysis, difficulties were the preparation of the required documents for the implementation of the traffic impact analysis, and in the implementation of the traffic impact analysis, including those related to supervision issues, not guided by the authority to analyze traffic impacts based on road status, do not understand the laws and regulations and related provisions, and lack of law enforcement.]]>
<![CDATA[The Process Of Investigation Against The Criminal Action Of Narcotics ]]>
<![CDATA[Andriawan, Ferry]]>;
<![CDATA[Maerani, Ira Alia]]>;
<![CDATA[Sulchan, Achmad]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.819-826
<![CDATA[The purpose of this study is to find out the process of investigating narcotics criminals at the Pekalongan Police and to find out the obstacles and solutions faced in the process of investigating narcotics criminals at the Pekalongan Police. The type of research used in this research is normative empirical, which begins deductively with an analysis of the articles in the relevant laws and regulations. The problems examined in this study revolve around legislation and relate to their application in practice. Research results Pekalongan Resort Police The process of carrying out investigations against narcotics perpetrators is in accordance with the provisions of the Criminal Procedure Code, the obstacles are the network of narcotics abuse crimes which are easily broken in the chain, transportation facilities for investigators of the Pekalongan Police Narcotics Unit are felt to be a bit hampering, and solutions with pre-emptive efforts (coaching) and Preventive (prevention).]]>
