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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 23 Documents
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Search results for , issue "Vol 5, No 4 (2023): December 2023" : 23 Documents clear
The Annullment of a Marriage Due to Death in a Polygamous Situation Rochadi, Daffanza Azriel; Sulastri, Sulastri
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.564-582

Abstract

. Marriage is a legal and religious bond between a man and a woman. In positive law in Indonesia, a marriage must be registered to gain legal recognition. However, there are many cases where marriages are carried out without being registered, especially polygamous marriages. This article examines the legal consequences of polygamous marriages when one of the partners dies. In the literature study conducted, it was found that many polygamous marriages red for various reasons, such as bureaucratic obstacles, not understanding the importance of registration, or deliberately avoiding registration to avoid legal consequences. However, when one of the partners dies, problems arise, especially regarding inheritance rights and the status of children from the marriage. Under existing law, unregistered marriages can be annulled. However, the annulment of marriages that have been broken up due to death has become a polemic. This is because the bereaved spouse often faces difficulties in accessing their rights, such as inheritance and child custody. This article recommends the importance of education regarding marriage registration and changes in regulations to protect the rights of surviving spouses in polygamous marriages.
Implementing Effective & Efficient Security Service Management in Mining Company Santoso, Joko; Mulyono, Nur Budi
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.515-521

Abstract

Security in a business, especially in the mining industry, is a paramount necessity for the company's sustainability. The assurance of security is also a determining factor for a company's productivity in carrying out its activities. Therefore, the management of an effective and efficient physical security system is required to support the company's operations in producing and gaining profits. The ultimate goal of security management is the creation of a conducive situation that can minimize threats, disturbances, obstacles, or challenges that disrupt a company's operations. In the day-to-day operations of an organization that manages a physical security system, it must undoubtedly have an effective and efficient organizational structure. Its existence should serve as a guideline for security personnel themselves as well as for users or stakeholders in a company, thus ensuring effectiveness and efficiency as per expectations. In this research, the researcher will conduct a study on the effective management of the security division's organizational structure during the transition from permanent employees to outsourcing or contract employees in the mining industry sector. In the ongoing transition process, the researcher has identified gaps in various stages, including planning, communication, implementation, and development. Therefore, there is a need for improvisation on what has been done. By conducting qualitative research, security managers in mining companies will receive guidance and guidelines based on the research when undergoing the transition from permanent security personnel to outsourcing, while still adhering to the security rules and standards of mining companies in Indonesia and globally. The recommendations from this research emphasize the need for a Needs Analysis and Risk Assessment by security managers when undergoing the transition process. This involves a comprehensive identification of the core tasks and functions of a security officer in a mining company, thus gaining a clear understanding of the quantity, qualifications, and types of skills required for contract or outsourcing employees in the mining company.
The Ruling on Having Intercourse with a Wife who has Completed Her Menses but has not done the Obligatory Ghusl according to Imam Abu Hanifah Ramadhan, Alif Randi; Pasaribu, Ilhamsyah
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.687-699

Abstract

The purpose of this study aims to analyze the opinion of imam Abu Hanifah regarding the opinion of having sex with a wife who has finished her period but has not taken the obligatory bath. The type of research used is library research, with qualitative analysis methods using data in the form of verses of the Qur'an and hadith in various books of interpretation that contain related information. In this case, the author selects the data to be included in the writing according to the existing rules so that it can be easily understood regarding the sequence of the data to be analyzed using interpretation, through the data by using the rules of fiqh, while in analyzing the data collected through deductive and inductive methods, to implement the problem of menstruation when taking the opinion of imam Abu Hanifah based on the Qur'an and hadith. The conclusion of this research is the opinion of Imam Abu Hanifah that if the husband wants to have intercourse with his wife who has finished menstruating but has not taken a bath, it is permissible to have sexual intercourse even though he has not had time to take a janabah bath. The most important thing is that the blood has really stopped and does not come out again according to the conditions that have been determined. This research is expected to contribute to increasing understanding of the importance of understanding the relationship between wife and husband in the household. The findings of this study can be a reference for related parties, including family members, communities and educational institutions in realizing a good family.
The Legal Risks for Investors Due to Market Manipulation in the Cryptocurrency Market Fajar, Rahula; Sugiyono, Heru
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.430-442

Abstract

This study aims to explore the intricate legal landscape surrounding the cryptocurrency market in Indonesia, specifically addressing the prevalent challenges and risks of market manipulation. The writing method is anchored on a comprehensive examination of primary, secondary, and tertiary legal resources, including pivotal legislations such as the Capital Market Regulation (UUPM) and various other Indonesian laws. Furthermore, a library research technique has been employed, drawing from a broad spectrum of theoretical studies, past literature, and expert opinions to provide a holistic understanding of the subject. The novelty of this study emerges from its specialized focus on market manipulation within the rapidly evolving context of the Indonesian cryptocurrency realm. This focus differentiates it from more generic studies on cryptocurrency, offering tailored insights and recommendations for the Indonesian scenario. Based on the research undertaken, we conclude that Indonesia's strategic and proactive legal measures, coupled with the inherent advantages of regulated cryptocurrency platforms, play a pivotal role in countering market manipulation risks. For the practical application of these findings, it is imperative for Indonesian policymakers and regulatory entities to sustain an adaptive approach, ensuring continuous monitoring and timely updates to the legal frameworks. This adaptability guarantees their resonance with the ever-shifting paradigms of the cryptocurrency domain. Additionally, the research underscores the significance of robust investor education initiatives and advocates for a synergistic collaboration between regulatory bodies, cryptocurrency platforms, and the broader investor community. Such collaborative efforts are instrumental in nurturing a transparent, secure, and resilient cryptocurrency environment in Indonesia, setting a benchmark for similar emerging markets globally.
Juridical Analysis of the Application of the Presumption of Innocence in Criminal Investigation Simonda, Paulus Kostan; Muhibbin, Moh.
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.631-642

Abstract

This study aims to determine the application of the presumption of innocence in the examination of criminal offenses. The type of research used is descriptive normative, with a statute approach, historical approach, conceptual, case and specific research. The results of this study indicate that the recognition of the presumption of innocence in the criminal procedure law applicable in our country contains two purposes. First, the provision aims to provide protection and guarantees to a human being who has been accused of committing a criminal offense in the process of examining a case so that his human rights are still respected. Secondly, these provisions provide guidance to officers to limit their actions in conducting examinations of suspects/defendants because they are human beings who still have the same dignity as those conducting the examination. One of the obstacles in the investigation process is that there are investigators who have not acted professionally in conducting investigations, resulting in actions that are contrary to the presumption of innocence.
The Assistance (Medeplichtige) by Children Leading to the Occurrence of Criminal Acts Prameswari, Athalie Aisyah; Harefa, Beniharmoni
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.583-599

Abstract

This study is related to a case of assault in which the parents of the victim are prominent figures in GP Ansor. The research examines the form of complicity in the criminal act of assault committed by the underage individual, the minor AG. This research is based on the fact that legal protection relating to children in conflict with the law (ABH) has not been implemented properly. The novelty in this research is the explanation of the legal protection provided to all children who provide assistance in cases of abuse. In order to guarantee all children's rights, including children in conflict with the law, to live, grow, develop and participate optimally in accordance with human dignity, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System was created. Normative juridical is used in this research through a statutory approach, using secondary data sources supported by primary and secondary legal materials. The results of the research show that according to the results of Court Decision Number 4/Pid.Sus-Anak/2023/PN.JKT.SEL which has permanent legal force, AG's child's role as a child who assists in criminal acts of abuse is appropriate, however the decision given judged by the judge to be inappropriate. Reviewing various aspects along with existing laws and regulations, it would be more appropriate to impose a second subsidiary sentence, namely Article 353 Paragraph (2) of the Criminal Code (KUHP) juncto Article 56 2nd of the Criminal Code, which reduces the sentence for AG Children, is the best choice.
Manulak Sere Tradition in Traditional Marriage in Tanjung Botung Village Padang Lawas Regency According to Compilation of Islamic Law (KHI) Perspective Nasution, Mahdi; Pasaribu, Ilham Syah
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.531-552

Abstract

Tradition is a set of values, beliefs, beliefs and symbols that guide human behavior in realizing ways of life. Marriage is one of the religious orders for someone who is able to carry it out immediately. The Mandailing community is one of the North Sumatra groups that maintains traditional social customs today including the Manulak Sere tradition. Researchers want to examine how the Compilation of Islamic Law actually views the community tradition regarding the Manulak Sere tradition.  What is the reason why the people of Padang Lawas, especially in Tanjung Botung Village, carry out the Manulak Sere tradition even though in Islamic Law it is not recommended. Furthermore, how is the KHI review of the Manulak Sere tradition in marriage. In the perspective of the Compilation of Islamic Law (KHI), the Manulak Sere tradition does not contradict the nash in the Qur'an and Hadith. However, the Manulak Sere tradition carried out in the Padang Lawas community, especially Tanjung Botung Village, is the Compilation of Islamic Law (KHI) Shahih. This tradition has no conflict with Islamic law. The people of Padang Lawas, especially Tanjung Botung Village, carry out marriage ceremonies in accordance with Islamic law. However, they also cannot abandon customary law, which their ancestors have practiced since ancient times. So it is clear that: Islamic law and customary law both get their respective portions. The implementation of this tradition is not considered by the community as a valid requirement for marriage according to Islam.
The Political Representation of Minority Group "Ugamo Malim" in Toba Samosir Simanjuntak, Gabriel Panahatan; Perdana, Aditya
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.700-712

Abstract

In formal politics, one of the main issues that is often discussed is the lack of adequate political representation for minority groups. This also has an impact on the emergence of inequality in political policies which affects their level of welfare. This research will discuss the presence of political representation of the "Ugamo Malim" or Parmalim community in the electoral contestation in Toba Samosir Regency in 2009. Representation in this case refers to the presence of someone as a representative of this minority group in the legislative institution through the general election process. Through research using a qualitative approach, this article shows how the political representation of the Parmalim minority community is realized in formal institutional structures and the impact of the presence of Monang Naipospos as a political representative on the Parmalim community. In realizing political representation, it is carried out through a sociocultural approach to attract public sympathy. The presence of Monang Naipospos has had a significant impact as a political representative of minority groups on the Parmalim community itself, as evidenced by improvements to educational facilities for the children of the Parmalim community.
The Obligations of Children toward Parents According to Law No.1 of 1974 Indriani, Sekar; Ja'far, Hasbullah
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.443-457

Abstract

This research aims to determine the obligations of children to parents in Jama’ah Forum Kopi Hikam in Sei Musam Village, Kec. Batang Serangan, Kab. Langkat based on Law No.1 of 1974; the application of obligations to parents in Jama’ah Forum Kopi Hikam. This research is empirical juridical research, using a legal sociology approach. Primary data sources were obtained by interviewing the Jama’ah Forum Kopi Hikam. The results showed that the Jama’ah Forum Kopi Hikam have not shown their obligations towards parents and some people also still do not fully carry out their obligations towards parents due to the absence of underlying knowledge. They think that just maintaining it shows that the service to parents has been carried out. However, this has not been fully fulfilled, and it is emphasized in Islamic law that the degree or position of parents takes precedence, and also the obligation to care for parents must still be carried out. In the view of Law No. 1 of 1974, children are obliged to respect their parents, obey their wishes and be responsible for all the needs of their parents, even if the parents are well-off. Because every child until he becomes an adult or is married, is still obliged to respect, obey and be responsible for the needs of parents. In other words, the obligations between children and parents are reciprocal, namely both parents are obliged to maintain and educate their children as well as possible until the child is married or can stand on his own and while a child is obliged to respect parents and obey their good wishes. When a child is considered an adult, they have obligations according to their abilities towards their parents and family.
The Reflecting the Value of Legal Certainty in the Conviction System for the Criminal Act of Bribery Hadi Prayitno, Ahmad
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.643-658

Abstract

The perpetrator of assisting bribery in a succession of criminal acts holds a significant role, which has legal implications that necessitate thorough and conclusive investigations into those who assist in bribery. In looking at the position of perpetrators of assisting bribery, the ambiguity of Article 15 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption has had a major impact on the rechtsvacuum in the criminal conviction system in bribery criminal policies. Through a normative method, this article's investigation reveals that convictions in bribery cases extend beyond only the active and passive perpetrators. Evidently, individuals who abet on bribery cannot be disregarded. Moreover, the ambiguity of the rules regarding assisting bribery, Article 15 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, has created a rechtsvacuum in terms of convicting those involved in bribery cases. This scenario unequivocally leads to ambiguity in enforcing criminal penalties for bribery assistance perpetrators.

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