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[Legal Review of Regulations Regarding Online Begging on Social Media Based on the Siyasah Fiqh Perspective ]]>
<![CDATA[Simanungkalit, Diva Aulia]]>;
<![CDATA[Pasaribu, Ilhamsyah]]>
<![CDATA[ Law Development Journal Vol 5, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.3.%p
<![CDATA[This research aims to understand how online beggars develop on social media, find out how fiqh siyasa views online beggars on social media based on legal reviews in dealing with social problems. The method applied in this compilation is a normative-empirical approach which has descriptive-analytical characteristics, that is, it uses a method related to applying normative legal provisions (laws) to every event that occurs in society. Then an analysis of the data obtained is carried out systematically to obtain answers. Based on the research results, the government implements policies aimed at preventing and dealing with online beggars by issuing legal regulations. These policies include preventive and repressive measures. This policy is expected to prevent and reduce the development of beggars both online and offline, as well as encourage the productivity of beggars in society.]]>
<![CDATA[Legal Analysis of the Regulation of Legal Liability for Violations of the Law by Motorized Vehicle Owners ]]>
<![CDATA[Purwantono, Rivan Achmad]]>;
<![CDATA[Gunarto, Gunarto]]>;
<![CDATA[Tri Bawono, Bambang]]>
<![CDATA[ Law Development Journal Vol 5, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.3.344-357
<![CDATA[Based on the provisions of Article 14 in PP No. 18 of 1965 which regulates the liability of motorized vehicle owners in Indonesia, its implementation to date has not been fully realized. This is due to the complexity of the legal subjects responsible for the implementation of these provisions, which causes injustice to motorized vehicle owners. In certain situations, vehicle owners are not involved in an accident at all, as the vehicle is under their control. The core cause of this problem lies in the vagueness of the applicable regulations, which do not explicitly distinguish between individual and collective responsibility for traffic accidents. Therefore, research was sought to reconstruct the relevant norms, rules and regulations so that the implementation of Article 14 in PP No. 18 of 1965 can be carried out effectively. Several other regulations, including but not limited to Act No. 22 of 2009 and related regulations, have accommodated provisions regarding traffic law violations and accidents comprehensively. The results show that there was injustice for motorized vehicle owners because the accident did not occur when the vehicle was under their control. The arrangements in other regulations also indicated that the party who must be responsible for a traffic accident is the driver of the vehicle that caused the accident, regardless of his status as a vehicle owner or not. This phenomenon occurred due to the failure to clearly separate individual and collective responsibility for traffic accidents in the context of Article 14-PP No. 18 of 1965. In an effort to achieve balanced and accurate legal justice, it is necessary to revise and improve the relevant regulations to ensure a balance in the determination of responsibility in traffic accident cases.]]>
<![CDATA[The Medan City Drainage Development Policy Review of Al-Maqashid Sharia Theory ]]>
<![CDATA[Maulana, Riski]]>;
<![CDATA[Suparmin, Sudirman]]>
<![CDATA[ Law Development Journal Vol 5, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.3.287-300
<![CDATA[Policy is something that is urgent as a determinant of whether or not the impact will be caused. So that in making a policy, in-depth analysis is needed and attention to various aspects that will intersect with the policy. The drainage development policy in Medan city has raised many questions and complaints from the people directly affected by this development policy. In fact, a policy taken by the government should be able to bring benefits as intended by Maqashid Sharia theory. This research aims to analyse the implementation of the drainage system development policy in Medan city as an effort of flood mitigation program in Medan city area, using Maqashid Sharia theory in order to see the aspect of benefit or even harm caused by the existing policy. This research is a juridical-emperical research by using the concept of statue approach and case approach, this research also uses triangulation technique in analysing the existing data. The conclusion that can be drawn from this research is that there are still many things that must be considered in the process of developing the drainage system in Medan City. When viewed from the perspective of Maqashid Sharia theory, the Medan city government, in this case, which has full authority over the drainage development policy in Medan city, still overrides many aspects. Starting from Hifzh an-Nafs and Hifz al-Mal as a form of safeguarding the rights that should be owned by the community and the public in general.]]>
<![CDATA[The Innovative concept and Issues Concerning the Non-Custodial Sentence in Nigerian Criminal Justice System ]]>
<![CDATA[Oaihimire, Idemudia Edetalehn]]>;
<![CDATA[Aidonojie, Paul Atagamen]]>
<![CDATA[ Law Development Journal Vol 5, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.3.358-379
<![CDATA[It is apt to state that the challenges currently encountered in the Nigerian criminal justice system, is that the Nigerian correctional centers are densely populated with awaiting trial suspects and in a highly deplorable condition. In a renewed effort to attend to the Nigerian correctional centres' appalling state, the National Assembly enacted the Administration of Criminal Justice Act (ACJA) 2015 and the Nigerian Correctional Services Act (NCSA) 2019. These laws are meant to promote the efficient management of the criminal justice system and to address issues (such as a non-custodial sentence) that were not hitherto covered under the repealed Nigerian Prisons Act, in line with the internationally accepted standards. However, despite the innovation brought by these laws, there are some challenges affecting its smooth implementation. It is in this regard, that this study tends to embark on a hybrid method of study in ascertaining the relevance of non-custodial sentences in Nigeria's criminal justice system laws and its challenges. Questionnaires were sent to 327 of respondents, descriptive and analytical methods were used in analyzing the data generated. The study, therefore, found that the introduction of a non-custodian sentence has greatly enhanced the Nigerian criminal justice system. Although, there are several challenges (such as; the discretion of the judges, lack of facilities for the successful enforcement of non-custodial sentences, and corrupt practices) mitigating against its smooth implementation. It was therefore concluded and recommended that embracing non-custodial sentencing will reduce prison reception and minimize the enormous government resources in maintaining the prison infrastructure and the prisoners. In this regard, there is a need for a redress of the challenges mitigating the smooth application of non-custodian sentences in Nigeria's criminal Justice System.]]>
<![CDATA[Handling of IPR Violations at the Regional Office of the Ministry of Law and Human Rights of North Sumatra ]]>
<![CDATA[Lubis, Tiva Novianti]]>;
<![CDATA[Khalid, Khalid]]>
<![CDATA[ Law Development Journal Vol 5, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.3.301-314
<![CDATA[Indonesia is the country with the largest population in the world. Of course, there are many cases and violations that occur, one of which is related to intellectual property, where everyone who creates a work certainly has the right to his work if it is registered. However, until now there are still many intellectual property owners who forget or even do not register their work. This is a major factor in the occurrence of intellectual property violations in Indonesia, especially due to the lack of understanding of the importance of registering intellectual property. This is what then attracts the author's attention to be able to examine and learn more about how the handling of IPR violations within the Regional Office of the Ministry of Law and Human Rights of North Sumatra. This research uses normative-empirical research methods using two approaches, namely the statute approach and the case approach. The conclusion obtained is that the law enforcement efforts carried out by the Regional Office of the Ministry of Law and Human Rights of North Sumatra are by conducting cooperation activities in the form of seminars, socialisation, and visits to every region in North Sumatra, in order to provide guarantees of legal certainty for owners of Intellectual Property Rights (IPR) and provide supervision of potential intellectual property violations in each region of North Sumatra.]]>
<![CDATA[Legal Standing Of Statement Letters In Proofing Cases Of Joint Property (Civil Case Study Number: 390/Pdt.G/2021/PA.Psp) ]]>
<![CDATA[Pulungan, Nina Arnita]]>;
<![CDATA[Syahnan, Mhd]]>;
<![CDATA[Siregar, Ramadhan Syahmedi]]>
<![CDATA[ Law Development Journal Vol 5, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.3.404-418
<![CDATA[This research aims to describe the position of the Statement Letter in Proving Joint Assets at the Padangsidimpuan Religious Court (Civil Case Study Number: 390/PDT.G/2021/PA.PSP) based on the Subekti Theory of Evidence and the Theory of Justice according to Islamic views. The type of research used is normative juridical with a qualitative approach method. Data collection techniques were carried out using observation, interviews and documentation techniques. The data analysis technique applies the theory of Miles, Huberman, & Saldana (2014). The results of this research are based on the theory of Evidence according to Subekti, that Evidence is to convince the judge about the truth of the argument or arguments put forward in a dispute. Thus, Parwit Simamora, who has submitted a statement letter, has promised the judge the truth of what he has stated in the letter through the answers ]he has submitted. So the panel of judges gave consideration and assessed that the position of the statement letter was proof of commencement which must be supported by other evidence. Meanwhile, the other witnesses who wrote the statement were not present in court to provide evidence, so they could not promise the judge what was stated in the statement because they did not fulfil the judge's invitation to appear in contradiction to stating their evidence so that the judge considered the position of the statement was not can be used as initial evidence as an initial backup or clue to the object of the case.]]>
<![CDATA[The Position of Customary (Adat) Lands in the Basic of Agrarian Law ]]>
<![CDATA[Sembiring, Shindy Suka Desy Putri]]>;
<![CDATA[Mahfud, Muh. Afif]]>
<![CDATA[ Law Development Journal Vol 5, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.3.380-390
<![CDATA[Fundamentally, the society in Indonesia is tied to customary lands issues. That thought is as the unity of the evidence on comprehending the customary lands confession. It is believed by the indigenous people as the sources of their life support or as the marking of their identities. Thus, nowadays the status of customary lands becomes the needs of solving the customary lands issues which is supposed to concern and do the integrated approach based on policy sourcing from a clear and fair rules of law both on UUPA or other regulations. This research is aimed to first, acknowledge the right of customary lands in Indonesia, the second is to acknowledge the status of customary lands on the rules of law which is on basic agrarian principles. The method used in this research is normative approach that is a descriptive. The sources of the data are from primary and secondary law material. The data gathering technique is by using literature study and qualitative data analysis. The result of this research shows that the right of customary lands for Indonesian society is really admitted by the rules which are not written or based on the customary confession as well with the alive traditional right which the existence is admitted. The right of customary lands status on UUPA has been approved, but that approval is still followed by certain term and conditions.]]>
<![CDATA[Notary Liability When Committing Disgraceful Acts ]]>
<![CDATA[Islamianiati, Andina Arityas]]>;
<![CDATA[Mahfud, Muh Afif]]>
<![CDATA[ Law Development Journal Vol 5, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.3.315-329
<![CDATA[Disgraceful acts are regulated in Article 9 paragraph 1 letter c of Act No. 2 of 2014 concerning the Office of a Notary. Disgraceful acts are degrading honor and dignity, such as gambling, drinking, using drugs and adultery. Meanwhile, disgraceful acts are those who have committed acts that are not in accordance with existing norms in Indonesia such as religious norms, decency and customs. The purpose of this research is to find out what are the types of dismissal of a notary and how is the responsibility of a notary who has committed a disgraceful act. The research method used is normative juridical research. The source of legal material used by the author is secondary data. The result of the research is that a Notary who is caught committing a violation of a disgraceful act as stated in Article 9 paragraph 1 letter C of Act No. 2 of 2014 Concerning Notary Positions, the board of trustees decides for the notary to be temporarily dismissed for 6 months based on the Notary Office Law.]]>
<![CDATA[Legal Method for Determining the Beginning of the Month of Ramadhan and Other Months According to the Rules of Hisab and Ru’yatul Hilal in Islamic Astronomy ]]>
<![CDATA[Pramita, Leni]]>
<![CDATA[ Law Development Journal Vol 5, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.3.391-403
<![CDATA[Determining the start of the months of Ramadhan and Shawwal in the Hijriyah calendar is similar to determining the start of other months, such as Sha'ban and others. However, determining the start of the months of Ramadhan and Shawwal is of great concern to Muslims because these two months have very special practices for Muslims. Obligatory fasting, which is observed once a year, is observed during the month of Ramadhan. Meanwhile, the Eid al-Fitr holiday, which falls at the beginning of the month of Shawwal, is also an important moment for Muslims. This research aims to determine the general method for determining the beginning of the months of Ramadhan and Shawwal, namely reckoning and Ru’yahul Hilal or ru’yah. The reckoning method is a method used to determine the start of fasting using mathematical and astronomical calculations. Meanwhile, ru’yah is a method of determining the start of Ramadhan and Shawwal based on observations of the moon. With this method, the crescent moon will be observed at sunset with the naked eye or optical aids such as a telescope. This type of research is empirical research and the research specifications in writing this thesis are descriptive which aims to explain the legal determination of the beginning of the month of Ramadhan and other months according to the Hisab & Ru’yahul Hilal method in Islamic Astronomy (Falak). The main data sources used in this research are secondary data in the form of; Primary Legal Materials; Secondary Legal Materials; and Non-Legal Materials (Tertiary). The results of the research show that there is a close relationship and complementary interrelationship in the hisab and Ru’yahul Hilal or ru’yah methods used in each of the major Islamic organizations which are the reference for the Ministry of Religion of the Republic of Indonesia in deciding laws which are an option for the community when there are differences. Because difference is a blessing.]]>
<![CDATA[The Urgency of Fostering and Oversight of the Notary Honorary Council in Samarinda City ]]>
<![CDATA[Agustin, Ranti Tri]]>;
<![CDATA[Mahmudah, Siti]]>
<![CDATA[ Law Development Journal Vol 5, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.3.%p
<![CDATA[The guidance and supervision contained in the function of the Notary's Honorary Council really helps maintain the integrity of a notary, ideal guidance of course reduces the level of reporting to the authorized parties regarding notaries regarding legal actions carried out, and the supervision process is to require notaries to make improvements and be accountable for their actions. The following research problem is related to the urgency of guidance and supervision by MKN in the city of Samarinda. The research approach used by the author is a normative juridical approach and a bibliographic data collection method. The approach used is a statutory approach, carried out by reviewing all existing laws and regulations related to the legal issues being handled.]]>
