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Law Development Journal
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 27472604     DOI : http://dx.doi.org/10.30659
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 4, No 4 (2022): December 2022" : 8 Documents clear
The General Elections in Indonesia as the Application of the Concept of People's Sovereignty Arifani, Devina
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.526-543

Abstract

This paper aims to provide a brief explanation regarding the holding of general elections in Indonesia as a democratic party as well as a manifestation of people's sovereignty. This paper is a qualitative research using the library study method, namely by collecting reference materials from written sources, such as textbooks, dictates, newspapers, and laws. Then analyzed and reduced to get a conclusion. The conclusion of this study is the division of the types of modern democracy, currently the Republic of Indonesia is in the stage of democracy with direct supervision by the people. Supervision by the people in this case, is manifested in a democratic election administration. The drafting of laws on elections, political parties, as well as the composition and position of the new legislative body has made it easier for our society to start studying democracy.
The Shura Concept of Government in the View of Islam and Democracy Yakin, Nur'l; Victoria, Ong Argo
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.544-554

Abstract

This paper aims to briefly describe shura and will culminate in explaining the differences between shura and democracy which are products of secularism. This study uses a juridical theoretical approach by analyzing various kinds of literature, both Islamic literature and other documents about the concept of Majlis Shura and Democracy. The primary materials are in the form of Al-Qur'an and Sunnah Studies and the book Asy Shura fi al-Kitab wa as-Sunnah wa 'inda Ulama al-Muslimin by Prof. Dr. Muhammad bin Ahmad bin Salih ash-Salih. Then analyzed by reducing the data then concluded. The results of this study explain the basic concept of Shura in Islam, the urgency of the concept of Shura and the conditions for becoming a member of Shura and the similarities and differences between the concept of sura and democracy. The conclusion of this study is that shura and democracy are not the same, because shura is a method that originates from Rabb al-Basyar (Rabb of mankind), namely Allah, while democracy is the fruit of thought from weak humans which of course cannot be separated from deficiencies.
The Legal Studies Regarding Professional Zakat in Islam and for the Benefit of the Ummah Tobroni, Ahmad
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.555-565

Abstract

This study aims to find out how the concept and application of professional Zakat in Islam are then harmonized with the concept of state taxation. This research is a qualitative research with an interpretive approach to the law that applies both in Islamic law and national tax administration law. The main sources in this study are the Al-Qur'an and Sunnah as well as laws and regulations regarding the Zakat system and taxation of the Indonesian State, then analyzed in depth to draw conclusions. The results shown that professional Zakat is special Zakat that is issued from the results of what is obtained from work and profession. For example, work that generates good money is work that is done alone without depending on other people, thanks to the dexterity of the hands or brain (professional).
The Criminal Law Policy in Eradicating Corruption Crimes Sagimo, Sagimo
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.585-595

Abstract

This study aims to identify and analyze criminal law policies in eradicating corruption. This study uses a socio-juridical legal approach and the specifications in this study include analytical descriptive. Based on the results of the study, it shows that criminal law policies in eradicating corruption against perpetrators of corruption carry out several stages in accordance with statutory regulations, namely examination, investigation, investigation and prosecution. Efforts are being made to prevent corruption by means of comprehensive efforts or policies as well as overall administrative reform in the form of privatization, deregulation and decentralization. In addition, facilitation efforts through the TP4D program and through the Civil and State Administrative fields are ways and solutions in an effort to prevent budget leaks which result in losses to state finances. Obstacles to law enforcement against perpetrators of corruption are the complexity of corruption cases, time constraints, the intensity of inspections by limited functional supervisory apparatus, the spread of corruption cases through public policies, and the factor of the relatively low level of public legal awareness. The solution in overcoming obstacles to law enforcement against perpetrators of corruption is the procurement of personnel who have quality as prosecutors in the field of special crimes (corruption crimes), holding special education for assigned prosecutors and technical mastery of special criminal investigations.
The Juridical Review of Death Penalty Imposition in Indonesia Seen From a Human Rights Perspective Neves, Angelo
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.566-573

Abstract

Pancasila is the source of all sources of law, including criminal law. The meaning of Pancasila mustanimating the goals of criminal law. In other words, apart from having to reflect Pancasila, criminal purposes must also be implemented with the spirit and soul of Pancasila. Indonesia is one of the countries that consistently enforces capital punishment in its national law amidst the debate over the existence of capital punishment. The pros and cons that always arise regarding the death penalty are nothing but always associated with violations of human rights. The application of capital punishment by the State through a court decision means that the State takes away the convict's right to life which is a human right that cannot be restricted (non-derogable) in nature. Therefore its application must pay attention to the human rights of convicts. The purpose of this study is to determine the death penalty for the perpetrators of crimes, whether or not it conflicts with human rights and the criteria for imposing capital punishment for perpetrators of crimes that do not conflict with human rights. The method used is a normative juridical approach using secondary data. It can be concluded that the imposition of capital punishment is contrary to human rights and the determination can be justified on the basis of defending human rights and only for crimes that are beyond humanity.
The Effectiveness of the Prosecution of Narcotics Crime at the Pati District Attorney Putri, Riztyananda Siswoyo
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.574-584

Abstract

The application of imprisonment for abusers, especially narcotics addicts, is seen as an inappropriate action because imprisonment only gives grief to the perpetrator without curing his dependence on narcotics. This writing aims to analyze the effectiveness of the prosecution of narcotics crimes at the Pati District Attorney's Office in the conception of legal certainty, obstacles to the implementation of prosecutions for narcotics crimes at the Pati District Attorney's Office and their solutions. The approach used in this study is a sociological juridical approach, namely by finding legal realities experienced in the field or an approach that is based on problems regarding juridical matters and existing facts. The research specification used in this research is descriptive analysis. Using descriptive qualitative is one of the types of research that is included in the type of qualitative research. The analytical knife in this paper uses the theory of legal effectiveness and legal certainty. The results of the research show that the effectiveness of the implementation of the prosecution runs well and effectively as long as the Public Prosecutor carries out according to statutory regulations. The effectiveness of the prosecution of narcotics crimes at the Pati District Attorney can run well and effectively if it is carried out in accordance with applicable laws and regulations and pays attention to the implementation carried out by the Attorney General's Office, and the role of the community in helping uncover criminal acts.
Conceptualizing Intellectual Property Laws as A Bankruptcy Property (Beodel) In Indonesian Laws: A Normative Juridical Approach Nainggolan, Bernard
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.611-626

Abstract

This research examines the ramifications of bankruptcy on Intellectual Property Rights (IPRs) and underscores the necessity of safeguarding asset owners' rights within the bankruptcy process. By utilizing two primary methodologies, namely the normative juridical approach and the conceptual approach, the study evaluates the legal framework governing IPRs in the context of bankruptcy. Employing a normative juridical research methodology, the study draws upon primary, secondary, and tertiary legal literature. The primary focus of this research is on the legal provisions concerning the preservation of Intellectual Property Rights amidst bankruptcy proceedings. The findings underscore the crucial role of coordination among asset owners, creditors, and the judiciary in resolving bankruptcy cases involving IPRs. Protection of these rights is paramount not only within bankruptcy contexts but also amid the broader landscape of globalization and international trade dynamics. Collaborative efforts involving governments, legal institutions, international organizations, and industry stakeholders are essential to foster growth, innovation, and uphold values of environmental sustainability and responsibility within the industry. Adequate protection of IPRs serves as a catalyst for stimulating innovation and creativity, while simultaneously ensuring environmental sustainability and promoting inclusive economic growth.
Evolving Threats, Evolving Laws: Balancing Rights and Security in Indonesia's Terror Law and Counterterrorism Strategy Hasibuan, Hoiruddin; Handoko, Waluyo; Sagor, Anwar Hossan
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.596-610

Abstract

This research examines the legal approach to terrorism in Indonesia, focusing on the regulatory framework established by Government Regulation in Lieu of Law No. 1 and No. 2 of 2002, later amended into Law No. 15 of 2003. The background of the study involves a series of terrorism events, such as the Bali bombings in October 2002, prompting the government to respond with significant legal changes. The aim of this research is to analyze the impact and effectiveness of legal changes in addressing terrorism, considering both preventive and repressive aspects. The research method involves analyzing legal texts and related documents, utilizing a descriptive approach to understand the implementation of these laws. The problem formulations include evaluating the concepts of counter-radicalization and deradicalization as preventive strategies, as well as examining the sustainability of law enforcement efforts and terrorism financing. The research findings indicate that existing laws reflect the government's responsibility to protect citizens and secure the territory from cross-border terrorist threats. However, there are criticisms of the universal definition of terrorism and substantial weaknesses in the Terrorism Law, including aspects of criminal procedural law and human rights. In conclusion, there is a need for improvements in positive law, including the possibility of amending the Terrorism Law to ensure an effective response to evolving and complex terrorism threats.

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