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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 10 Documents
 1 
Search results for , issue "Vol 6, No 2 (2024): June 2024" : 10 Documents clear
The Legal Protection against Accountability for Criminal Acts of Narcotics Abuse in Indonesia Novalina, Novalina; Hayatuddin, Khalisah; Salia, Erli; Yusuf, Hambali; Is, Muhamad Sadi
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.239-251

Abstract

Narcotics crimes are increasing from year to year in both quantity and quality in Indonesia. The narcotics law emphasized that the legal position of narcotics abusers was no longer seen as perpetrators but rather as victims, there was a change in the legal paradigm in legal protection for narcotics abusers. As a victim, the perpetrator must receive legal protection. Legal protection for narcotics abusers was implemented in the form of medical rehabilitation and social rehabilitation which were discretionary from the types of punishment as regulated in Article 10 of the Criminal Code. The problem was how to protect the law against criminal liability for narcotics abusers and how to optimize legal protection for narcotics abusers. Normative research was used as the method in this research, and the secondary data obtained from reviewing related laws and regulations and relevant literature. The result explained that legal protection for the criminal liability of narcotics abusers was determined through a judge's decision by placing narcotics abusers in rehabilitation institutions. Then, optimizing legal protection for narcotics abusers was carried out by equalizing the perceptions of all law enforcement officials regarding the need for legal protection for crime victims as well as unifying views and providing a deep understanding of the aims and objectives of providing rehabilitation.
The Consumer Protection Efforts through the Inclusion of Non-Halal Information on Food Products Hamonangan, Josafat; Sakti, Muthia
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.252-265

Abstract

Indonesia, the largest Muslim-majority country, requires a substantial amount of food to meet the needs of its population. This research examines efforts to protect consumers through the inclusion of non-halal information on food products. The study focuses on the regulatory framework, including the Consumer Protection Law, Law No. 33 of 2014 on Halal Product Assurance, and relevant regulations in Indonesia. It aims to analyze how including non-halal information contributes to protecting consumer rights concerning food products. Employing a juridical-normative approach, the research utilizes literature review and interviews. The findings underscore the importance of transparency regarding the halal status of products for consumers, with the inclusion of non-halal information serving as a protective measure for consumer rights. It reaffirms the business actor’s responsibility to provide such information on products not meeting halal standards. The study reveals that regulations mandating the inclusion of non-halal information can uphold the right to information for Muslim consumers. Should consumer rights remain unmet, individuals retain the option to seek legal recourse through civil, criminal, and administrative avenues. This research contributes to comprehending consumer protection practices concerning the halal status of food products in Indonesia. It lays the groundwork for policy enhancements and raising producer awareness of consumer rights in the context of halal food products.
The Cross-border Insolvency Provision as Ius Contituendum of Bankruptcy Act of Indonesia Andrian, Andrian; Lie, Gunardi
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.180-199

Abstract

The lack of cross-border insolvency regulation in Indonesia is an issue that hasn't been resolved until now. Borderless business patterns that developed continuously resulted in the promulgation of cross-border insolvency regulations becoming increasingly urgent. Even more, Indonesia as a member state of ASEAN must be fully aware that currently there is a process of economic integration in ASEAN as outlined in the ASEAN Economic Community Blueprint. In consequence, harmonious cross-border insolvency regulations are needed. Philippines, Singapore, and Myanmar already had cross-border insolvency regulation through the adoption of the UNCITRAL Model Law on Cross-border Insolvency while Indonesia still stuck to territorialism approach, not only in cross border insolvency proceeding, but also in civil proceedings in general. Indonesia has to synchronize civil code, civil procedural code, international civil code, and bankruptcy code to create legal certainty in bankruptcy law system. Therefore, in this article writing, there are several approaches that will be used, namely the comparative approach and statutory approach, with the research method of normative juridical. The objectives to be achieved in this article are to construct the lack of cross-border insolvency regulation in Indonesia and to describe cross-border insolvency regulation and practices in Philippines, Singapore, and Myanmar. At the end of this article, there is a recommendation to the Indonesian Government to immediately regulate cross-border insolvency in Indonesia, either by adoption of Model Law or by mutual agreement with certain countries.
The Legal Protection on Consumers of E-Commerce Transactions in Indonesia Daud, Edward Zeth; Suyanto, Heru
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.266-278

Abstract

As time progresses, people's lives are starting to be influenced by developments in information technology, including in the field of trade, where buying and selling transactions that can be carried out using the internet are known as electronic commerce or e-commerce for short. However, in its implementation it is necessary to pay attention to consumer protection. The method that will be used in this research is an empirical normative legal approach. The results of this research show that the form of legal protection for consumers in e-commerce transactions has been regulated based on the provisions of statutory regulations which have been contained in Law No. 8 of 1999 concerning Consumer Protection (UUPK), then in purchasing and selling transactions, although carried out online, based on the ITE Law and PP PSTE, it is still recognized as an electronic transaction that can be accounted for through an electronic contract. Legal protection for consumers due to default in electronic transactions is by providing compensation, compensation, and/or services received or utilized that are not in accordance with the agreement. Based on regulations regarding the responsibility of business actors, the actions of business actors must refer to the principles of responsibility in law.
The Comparative Analysis of Consumer Protection Regulations in E-Commerce Transactions in Indonesia, Singapore and Malaysia Najati, Fia Agustina; Mashdurohatun, Anis
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.200-213

Abstract

Consumer protection for e-commerce transactions is a crucial thing that needs to be considered, starting from regulations, institutions, to implementation. It cannot be denied that consumer protection in Indonesia is not a priority for the government. This can be seen from outdated regulations, overlapping institutional authority, and ineffective implementation of law enforcement. Therefore, reform is needed by conducting comparative analysis between countries, for example with Singapore and Malaysia. The research method uses normative-comparative juridical research with a macro comparative approach. The research specifications used by the author are analytical descriptive and data sources through literature reviews using primary, secondary and tertiary methods. For data collection techniques, the author uses the library search technique. The research results showed that each regulation in each country has advantages and disadvantages, both in regulation and implementation. In Indonesia itself, regulations and their implementation still have many problems and need to be updated, especially in e-commerce (online) transactions. By updating these regulations, law enforcement can be strengthened and its implementation can be effective. Thus, preventing and reducing things that are detrimental to consumers and business actors.
The Position of Joint Property After the Dissolution of Marriage According to Law No. 1 of 1974 and the Compilation of Islamic Law Rania, Rania; Sudiro, Ahmad
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.279-284

Abstract

Marriage is not only a personal or private matter, but has a social dimension that requires government involvement. According to Islamic law, marriage is an act of worship, so the protection of Muslims in carrying out worship through the implementation of marriage is contained in Article 28e paragraph 1 of the 1945 Constitution. Law No. 1 of 1974 concerning Marriage is a manifestation of the Indonesian state as a state of law The Marriage Law is contained in Article 2, namely, marriage is valid, if it is carried out according to the laws of each religion. In establishing legal policies in Indonesia, the government has made Islamic law part of national law through the Compilation of Islamic Law (KHI) In this case, Muslims in Indonesia use KHI as a legal basis in cases of marriage breakup, including the division of property in marriage. The legal research method used in this research is research normative juridical which is research conducted or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object under study. The data source used is secondary data with analysis quantitative data The position of joint property in marriage according to fiqh is not regulated, because in the Qur'an, hadith or fiqh books there is no discussion of joint property. property. The study of scholars about joint property has given birth to the opinion that joint property can be equated with shirkah, because the wife joint property can be equated with shirkah, because the wife can also be counted as a partner (partnership) who works, although the wife can also be counted as a partner (partnership) who works. (partnership) who work, although not participate in the work in the real sense
The Sabotage in The Election Campaign Sulistyowati, Sulistyowati; Maharani, Dewi Nadya; Maharaja, Gusti Bintang; Manoppo, Hanifa Putri
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.214-225

Abstract

Campaign problems occur throughout the election from year to year, resulting in unrest in public opinion. Manipulation to sabotage is carried out to bring down legislative opponents of other candidate pairs that cause elections to occur haphazardly and override the correct campaigning provisions under the law. The emergence of sabotage carried out to seek the popular vote during the campaign casts doubt on the existence of clean and safe elections. Parties that should be considered neutral during the campaign until the election show their support for one of the competing legislative candidate pairs, which makes the neutrality of certain parties doubtful during the election. The occurrence of a haphazard campaign can damage the image of the election in the eyes of the public by realizing the view that campaigns and elections are meaningless as long as the ruling party uses its power to create a good image for one candidate as a competitor. Efforts to prevent dirty campaigns can be started by stopping sabotage carried out by supporters or candidates themselves to weaken opponents' voices armed with campaign Education and minimize the spread of false news during the campaign. Law enforcement should be maximized. The rules must be perfected.
The Implications in Implementation of the Acquisition of TikTok Shop with Tokopedia based on Regulation of Business Law in Indonesia Riani, Maulina Desita; Untoro, Untoro
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.285-292

Abstract

On 4 October 2023, TikTok announced that it had closed buying and selling transactions on the TikTok Shop platform. This decision was taken in response to the Minister of Trade Regulation (Permendag) Number 31 of 2023 concerning Business Licensing, Advertising, Guidance, and Supervision of Business Actors in Trading through Electronic Systems which was recently enacted. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research, which is a method that functions to describe or provide an overview of the object under study. The data source used is secondary data with quantitative data analysis. The results of this research are now TikTok Shop is running as usual by cooperating with Tokopedia, which has a marketplace licence and is still incorporated in the same application on 12 December 2023. The merger of the two companies raises the possibility of a potential monopoly in the E-commerce industry, as these two companies are two big players or companies in this industry that control most of the E-commerce market share in Indonesia, so that it can make players or E- commerce in Indonesia more competitive. So to overcome this, TikTok needs to apply for a business licence as a marketplace that is separate from its social media application to the Ministry of social media application to the Ministry of Trade, so that the position of the two applications stands on its own to prevent unfair business competition in the E-commerce industry and protect MSMEs and personal data leaks.
The Discretion of Internal Prosecutor Apply in Article 2 & 3 for Law Eradication of Corruption Kirana, Imme; Khairani, Khairani; Mulyati, Nani
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.226-238

Abstract

The criminal act of corruption is the favorite as if it never gets old, precisely the term extraordinary crime corruption, in addition, the perpetrators of criminal acts of corruption are mostly legal subjects who play a role based on the authority they have. However, it is not uncommon for prosecutors to use the type of subsidiary charge in prosecuting them to determine Article 2 as the primary charge and Article 3 as a subsidiary charge, even though it is clear that the perpetrator has abused their authority and resulted in financial losses to the State. This is a concern for the author to research facultatively on charges of subsidiarity for violations of Article 2 and 3. In this research, the author uses a type of Normative Juridical research, namely legal research that is oriented to secondary data and refers to legal material sources such as Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. The results of the research explained that the type of subsidiary indictment by making Article 2 the primary indictment and Article 3 the subsidiary indictment is a form of prosecutorial discretion in eradicating criminal acts of corruption effectively and efficiently so that it is unlikely that the defendant will escape criminal responsibility. Furthermore, Article 3 is the systematic lex specialist of Article 2 of the Corruption Eradication Law, because in criminal acts of corruption, the element "against the law" is the genus, while "abuse of authority" is the species.
Juridical Implications on the Implementation of Marriages What is not Recorded at the Office of Religious Affairs in the Conception of Legal Certainty Gultom, Maria Yosephine; Tri Bawono, Bambang
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.283-312

Abstract

Sirri marriages, which are often not registered under Indonesian positive law, create legal complexities that have the potential to harm the rights of the individuals involved, especially children. Even though in Islamic teachings, this kind of marriage is considered legal, Indonesia's positive legal perspective views it differently. This gives rise to a number of problems that threaten children's welfare, such as the lack of legal certainty regarding marital status, maintenance rights and inheritance rights. At the national legal level, Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage and regulations related to children's rights, such as Law No. 39 of 1999 concerning Human Rights, emphasize the importance of the protection and welfare of children. This research aims to identify and analyze the legal implications of unregistered marriages on the rights of the individuals involved, especially the rights of children. The focus of the research will be on legal certainty regarding marital status, maintenance rights and inheritance rights for children born from unregistered marriages. This research takes a normative juridical approach to examine positive criminal law regulations related to the criminalization of unregistered marriages, with a focus on the protection of wives and children. Using a legislative approach and a comparative approach, this research compares the legal rules of other countries to fill in legal ambiguities. Primary legal materials based on the 1945 Constitution of the Republic of Indonesia, the Criminal Code, and other related laws. Data collection methods include literature studies, documents and limited interviews to gain a deeper understanding. Data analysis was carried out using qualitative methods to produce a comprehensive understanding of the phenomenon studied. This research aims to contribute ideas and solutions that can be used in the context of positive criminal law regarding unregistered marriages to prevent harm to the family. The absence of marriage registration can also result in children born from the marriage experiencing difficulties in obtaining their legal rights. For example, the right to inheritance or the right to receive social assistance provided by the government. Without official proof in the form of a marriage record, these children may have difficulty proving their familial relationship with their parents. This can lead to injustice and difficulties in obtaining the rights they should get as Indonesian citizens. Thus, marriages that are not registered at the religious affairs office can have serious consequences for legal certainty, protection of individual rights, and family welfare as a whole. overall. Therefore, it is important for every married couple to ensure that their marriage is officially registered at the authorized office in accordance with the legal provisions in force in Indonesia.

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