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[Analysis of Legal Protection Measures on Children’s Rape Victims through Child Criminal Judicial Mechanism ]]>
<![CDATA[Mohamad Andi Rochman]]>;
<![CDATA[Aryani Witasari]]>;
<![CDATA[Peni Rinda Listyawati]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.239-246
<![CDATA[The purpose of this study is to examine, identify and analyze the concept of the fulfillment of the rights of victims of protection in the judicial process of criminal acts of child molestation progressively. The approach method used in this research is sociological juridical. The specification of this research is descriptive analytical. Article 90 of the Juvenile Justice System Law concerning children who are victims of criminal acts of obscenity have the right to rehabilitation (Recovery to physical and mental and social medical, both inside and outside the Witness and Victim protection institution), Provision of Compensation (Restitution), and Providing compensation. In the process of investigating and prosecuting children's cases, in conducting an investigation of children's cases, investigators are required to ask for considerations or suggestions from community advisors. The process of examining children, apart from the absence of official attributes used in the trial, the difference between adult and child trials is the closed trial system. The examination process at the trial court, the judge in examining the child's case in the children's trial is declared closed to the public except for the reading of the verdict. The concept of the fulfillment of victim protection rights in the judicial process of child obscene crimes can be concluded progressively, namely first, Cross Examinitation. Second, the principle of fast, simple and low cost justice (systematic resocialization of the offender).]]>
<![CDATA[The Implementation of Code of Conduct for Members of Police as Accurators of Murder ]]>
<![CDATA[Julizar Bimo Perdana Suka]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Andri Winjaya Laksana]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[The police are figures and protectors of the community and also as law enforcement officers have committed a crime that is burdensome and disturbing to the community, namely eliminating a person's life through a planning process that contains elements of violating Article 340 of the Criminal Code for his actions that are declared unfit to carry out the police profession in accordance with the Decree National Police Chief KEP/23VII/2003 concerning the Code of Ethics for the Indonesian National Police. The purpose of the study 1) To find out and examine the application of the code of ethics for members of the Police 2) To find out and analyze the strategies taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police. This research method was sociological juridical which a legal research using secondary data as initial data, which was then followed by primary data in the field. The results of this study conclude that: 1) The application of the Code of Ethics for members of the Police that results in a criminal act will be processed first in a disciplinary hearing due to a dead line or time limit for the implementation of a disciplinary hearing, which is a maximum of 30 (thirty) days as in Article 19 Decree of the National Police Chief No. Pol Kep/44/IX/2004. After the implementation of the disciplinary hearing, a trial will be held within the scope of the general court in accordance with Article 2 of PP NO. 3 of 2003 concerning the Implementation of Technical Institutional General Courts for Members of the Indonesian National Police. 2) The strategy that needs to be taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police is that the Police are able to create familial conditions in providing services to the community and are more responsive.]]>
<![CDATA[The Legal Effectiveness of Application of E-Tiring (E-Tilang) Methods in Criminal Enforcement of Traffic Violations ]]>
<![CDATA[Rustam Rustam]]>;
<![CDATA[Latifah Hanim]]>;
<![CDATA[R. Sugiharto Sugiharto]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.247-254
<![CDATA[This research aims to analyze the juridical substance of formulative policies for traffic violations criminal law enforcement using E-Tiring. This research used a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it was concluded that the arrangement of infrastructure or the arrangement of the governance system for handling traffic violations based on technology and the National Police Grand Strategy 2005-2025 policy (Public Trust Building, Partnership Building, and Strive For Excellence) which was strengthened by the 2015-2019 Police Strategic Plan which includes among others: First, the fulfillment of the Alpalkam/Almatsus Polri to support strengthening the main tasks and functions of the National Police. Second, the establishment of a professional, moral, modern and superior Polri posture through changing the mindset and culture set. Third, development of police technology and information systems in a sustainable manner that is integrated through research and scientific studies to support optimal Polri performance. The National Police has made various efforts to improve performance standards in a sustainable manner by rolling out creative breakthroughs and service systems in line with the current National Police Strategic Plan, particularly in the implementation of handling violations through the E-Tiring system.]]>
<![CDATA[The Law Enforcement on Criminal Acts of Narcotics Abuse by Child ]]>
<![CDATA[Akmadi Akmadi]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Deny Suwondo]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[The purpose of this study was to determine and analyze law enforcement against the crime of narcotics abuse by children. To find out and analyze the obstacles in law enforcement against the crime of narcotics abuse by children. To find out and analyze efforts to overcome the obstacles of criminal acts of narcotics abuse by children. This study used an empirical juridical approach, with descriptive research specifications. The data used in this study was secondary data obtained through literature study which was then analyzed qualitatively. The results of this study are Law Enforcement Against Criminal Acts of Narcotics Abuse by Children are The government and state institutions should provide special protection for children, and most specifically for children who are in conflict with the law and children who are victims of narcotics abuse. The problem is: Law enforcement officers or legal structures here are limited to the police, prosecutors and judges. Facilities and facilities in law enforcement are less supportive and incomplete. Community participation and control in some areas are still very low due to a sense of not caring about their own environment even though it is clearly seen directly that there are acts of narcotics abuse. The quality and quality of some police officers who work in the Res Unit are still low. The efforts are: Increased understanding of the concept of diversion with restorative justice is aimed at law enforcement officers (both for the police, prosecutors and judges). Must try to develop potential or human resources in the Res Unit. Drugs through participating in further training on narcotics and the modes in their distribution, so that in the future members of the Res Unit. Drugs have the ability and are more maximal in seeking law enforcement against narcotics crimes. Inviting all elements of society because in accordance with the law the community plays a role in handling, preventing, and distributing narcotics.]]>
<![CDATA[The Substantial Form of Legal Products for the Implementation of Criminal Justice during the Covid-19 Pandemic ]]>
<![CDATA[Tri Margono Budisusilo]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.255-262
<![CDATA[The purpose of this paper is to examine and analyze the study and analysis of the substantial form of legal products for the implementation of criminal justice during the Covid-19 pandemic. This research used a normative juridical method. The conclusion of this research is the Supreme Court issued Circular Letter No. 1 of 2020 concerning Guidelines for the Implementation of Duties During the Prevention of the Spread of Corona Virus Disease 2019 (COVID-19) within the Supreme Court of the Republic of Indonesia and the Judicial Bodies Under it. This letter evaluates and revokes the Circular Letter of the Secretary of the Supreme Court of the Republic of Indonesia Number 1 of 2020 concerning Adjustment of the Work System of Judges and Judicial Apparatuses in Efforts to Prevent the Spread of COVID-19 within the Supreme Court of the Republic of Indonesia and the Judicial Bodies Below, which was issued on March 17, 2020.]]>
<![CDATA[The Legal Impact of Prejudicial Decisions that State Invalidity of Suspects Determination ]]>
<![CDATA[Iqbal Parikesit]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Peni Rinda Listyawati]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[In judicial practice, there have been several pre-trial decisions declaring the stipulation of a suspect invalid. The impression that arises from the suspect is as if the determination of the suspect is declared invalid, then the case is stopped and not continued. Therefore, this study aims to find out the legal impacts of prejudicial decisions which state the invalidity of the determination of suspects in the current and future laws. This study used a normative legal approach by reviewing and researching primary legal materials consisting of the Legislation on the Criminal Procedure Code (KUHAP) and Judge's Decisions. Then proceed with secondary legal materials in the form of books and journal articles related to pre-trial decisions declaring the determination of the suspect invalid. The analytical technique used in this research is a descriptive qualitative method. The results of the research on the legal impacts of the prejudicial decision stating the invalidity of the determination of the suspect, including (1) The investigation can still be continued even though there has been a pre-trial decision stating the stipulation of the suspect is invalid, (2) If before the determination of the suspect is declared invalid by the pre-trial judge, the suspect has an investigation is carried out by the investigator, the Minutes of Examination or “Minutes of Examination” of the suspect becomes invalid, (3) Legal actions based on the results of the suspect's examination are considered invalid, (4) Legal actions that are not based on the results of the suspect's examination are still valid and (5) If the investigation is continued and the investigator is able to find the suspect, the investigator may re-determine the suspect. Then against the determination of the suspect, the suspect can still apply for a pre-trial again, and so on.]]>
<![CDATA[The Existence of Criminal Law Products in Dynamics Law Enforcement to Counter the Gambling Crime ]]>
<![CDATA[Edi Santoso]]>;
<![CDATA[Sri Kusriyah]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.263-271
<![CDATA[The purpose of this study is to examine and analyze the form of existence of criminal law products that are applicable in law enforcement of gambling crimes. This research used a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it is concluded that the application of criminal sanctions against perpetrators of gambling crimes is related to the problem of applying the types of crimes and the length of punishment imposed on the perpetrators of the crime. In practice, the application of minimum criminal sanctions that have been imposed and the judge's decision (convict) still applies to the Criminal Code as the main system. Although Act No. 7 of 1974 concerning Gambling Control has been issued, it does not mean that the provisions in the Criminal Code will be set aside. This is because the laws and regulations do not make regulations or provisions that are specific or deviate from the Criminal Code. Although laws and regulations may make rules that deviate or are special from the main system (KUHP), it is still possible as long as the formulation policy includes guidelines for punishment. This provision is very necessary for the operationalization of the legislation. The Criminal Code (WvS) stipulates a fixed general minimum of one day and this is only contained in the explanation of the Article which contains it separately in accordance with the criminal threat.]]>
<![CDATA[An Overview of Omnibus Law from Point of Establishing Legal System in Indonesia ]]>
<![CDATA[Faisal Afda'u]]>;
<![CDATA[Siti Ummu Adillah]]>;
<![CDATA[Latifah Hanim]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[The purpose of this research to get a clear answer study review of omnibus law from the point of view of the formation of the legal system of legislation in Indonesia and the research approach method used is normative juridical by reviewing legal principles and analyzing existing laws and regulations and reviewing the formation of laws and regulations namely Act No. 12 of 2011 amended by Act No. 15 of 2019 with the omnibus law. Based on the research it can be concluded that the establishment of omnibus law if viewed from the perspective of the formation of legislation, the position of the omnibus law in the hierarchy is the same as the law regulated in Article 7 paragraph 1 of Act No. 12 of 2011 concerning the formation of legislation. In theory, the position of omnibus law has not been regulated, but rational legitimacy can be found in the system of forming legislation in Indonesia. The position of omnibus law can be based on Act No. 12 of 2011 which has been amended by Act No. 15 of 2019 concerning the system for the formation of legislation and the process of forming legislation on academic texts and the draft omnibus law draft is in accordance with the formation of legislation, namely Act No. 12 of 2011 was amended by Act No. 15 of 2019. This law is a substantive requirement and a technical requirement in the formation of laws and regulations in Indonesia. The consequence of implementing the omnibus law is that the existing law is still valid, except for some articles (legal material) that have been replaced or declared invalid and the existing law is no longer enforced. ]]>
<![CDATA[The Law Enforcement on Crime of Motorcycle Theft ]]>
<![CDATA[Hamdani Marsiawan]]>;
<![CDATA[Sri Endah Wahyuningsih]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[The purpose of this research is to discuss the problems: How to Enforce the Criminal Act of Motorcycle Theft and How to Efforts to Combat the Crime of Motorcycle Theft. In this research, the method used was an empirical juridical approach. The conclusion of this study is the Law Enforcement of the Crime of Motorcycle Theft. Criminal was arrested, detained in the detention center by investigators then extended by the Public Prosecutor, so that having read the Decree of the Head of the District Court regarding the Appointment of the Panel of Judges, assembly. The judge determines the day of the trial, examines the case file, other relevant documents, hears the statements of the witnesses and the defendant's statements and pays attention to the evidence submitted at trial, then hears the reading of the criminal charges submitted by the public prosecutor. Efforts to Combat the Crime of Motorcycle Theft by carrying out preventive efforts, namely efforts that are still at the level of prevention before an act occurs by conducting socialization or counseling to the community in order to increase public legal awareness. Provide information to the public in the event of a motorcycle theft crime to immediately report it to the authorities. Repressive efforts when a crime has occurred by taking action against the perpetrators of the crime in accordance with the actions committed. In connection with the prosecution process that has been carried out by the perpetrators, the police have taken legal action in the form of arrests, detentions and the process of delegating cases to court. If the perpetrator is proven guilty, the judge will give a sentence in accordance with the demands of the Public Prosecutor or based on the consideration of the Deliberation of the Panel of Judges to be brought to the Correctional Institution to serve his criminal period.]]>
<![CDATA[The Duties & Functions of the Internal Prosecutor's Intelligence Disclosing on Corruption Crime ]]>
<![CDATA[Iwan Mex Namara]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[The purpose of this paper is to find out, examine and analyze the duties and functions of the Public Prosecution Service in uncovering criminal acts of corruption. This research used a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it was concluded that Article 130 of the Decree of the Attorney General of the Republic of Indonesia Number: Kep– 225/A/JA/05/2003 stated that the Deputy Attorney General for Intelligence has the duty and authority to carry out judicial intelligence activities in the social, political, economic, financial, defense fields/security and public order to support law enforcement and justice policies, both preventive and repressive. In general, the handling of corruption cases has 3 roles, the first being in repressive efforts, namely by conducting investigations into criminal acts of corruption, second, in preventive efforts or prevention of criminal acts of corruption by forming the Guard and Security Team for Regional Government and Development (TP4D), and third, in the search for fugitives from the Prosecutor's Office or Court. Regarding the analysis of the Prosecutor's Intelligence, after the Task Order was issued and signed by the Head of the District Attorney's Office, the Intelligence Section of the Prosecutor's Office took a series of actions by making an Analysis of Targets (Ansas), Analysis of Tasks (Antug) and Targets of Operations (TO).]]>
