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Law Development Journal

ldj
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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 414 Documents

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The Effectiveness Of Civil Servant Candidate (PPNS) In Enforcement Of Spatial Planning Laws Iin Parlina; Siti Rodhiyah Dwi Istinah
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

This study aims to describe the effectiveness of PPNS in enforcing the Spatial Planning Law. In line with the research objectives, in this study using normative juridical research methods, it is concluded: (1) The issuance of Act No. 11 of 2020 concerning Job Creation, has changed the content of Act No. 26 of 2007 concerning Spatial Planning. The legal basis for implementing spatial planning nationally, needs to be synergized in one Government Regulation. PP 21 of 2021 concerning the Implementation of Spatial Planning, integrates various cross-sectoral, cross-regional, and cross-stakeholder interests which are manifested in the preparation of Spatial Plans. Creating conditions for laws and regulations in the field of Spatial Planning that support the investment climate and ease of doing business. Violation of Act No. 11 of 2020, carried out by Civil Servant Investigators (“PPNS”), which are investigators from civil servants to investigate certain criminal acts. The effectiveness of the application of the law for violations of spatial planning, is highly dependent on the legal instruments of each Ministry or government agency/institution. Strengthening legal instruments (both regulations and institutional investigators for PPNS) needs to be taken seriously, because of the lack of legal application for violators of spatial planning. (2) The implementation of spatial planning is still not in accordance with the existing laws and regulations.

Law Enforcement on Merger of Indemnity Claims in Criminal Case Persecution Edi Sutomo
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The purpose of this study is to analyze and explain: the causes of the Crime of Persecution; Implementation of Law Enforcement on the Merger of Indemnity Claims in the Criminal Case of Persecution, the factors that hinder the implementation of the Law Enforcement, as well as the efforts made in overcoming the obstacles in the Merger of Indemnity Claims in the Criminal Case of Persecution at the Sampang District Court in the future. This type of research is normative legal research supported by empirical legal research, and uses a statutory approach as primary legal material. The results showed that the causes of the crime of persecution in Sampang Regency were: alcohol and psychological factors. Implementation of Law Enforcement on the Merger of Indemnity Claims in the Criminal Case of Persecution at the Sampang District Court, it is known that the defendant has been tried with criminal sanctions, but does not include compensation for victims of criminal acts of persecution. Obstacles or barriers to the implementation of law enforcement on the merger of indemnity suit in the case of criminal offense at the Sampang District Court are: the legal factor itself; law enforcement factors; factor of means or facilities that support law enforcement; community factors; cultural factors.

Work Of Legal Products Traffic In Overcoming Road Conclusion Fadli Fadli; Akhmad Khisni
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is to examine and analyze the concept of the substance of traffic law products in overcoming road congestion. This research uses a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it is concluded that the state's efforts in the form of legislation with the existence of legal products that are correlated with overcoming the problem of congestion on the highway with various concepts of interrelated substances include Act No. 22 of 2009, concerning traffic and transportation. Act No. 23 of 2014 concerning Regional Government in Article 9 paragraph (1) states that there are 3 (three) types of government affairs, namely absolute government affairs, concurrent government affairs, and general government affairs. Government affairs under the authority of the Regions consist of Mandatory Government Affairs and Preferred Government Affairs. Article 10 of Act No. 38 of 2004 concerning Roads states that to regulate road use and smooth traffic, roads are divided into several road classes. Government Regulation Number 32 of 2011 concerning Management and Engineering, Impact Analysis, and Traffic Needs Management, the scope of regulation of PP Management and Engineering, Impact Analysis, and Traffic Needs Management includes traffic management and engineering activities including planning, regulation, engineering, empowerment, and supervision.

Using of Letter Evidence by Defendant in Murder Crime Andhika Widya Kurniawan; Maryanto Maryanto
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Evidence is a problem that plays a role in the process of trial court examination which aims to find material truth. From the evidence, it is determined whether the defendant is guilty or not. At this stage of evidence, according to Article 52 of the Criminal Procedure Code, the defendant has the right to present mitigating evidence as a defense to give rise to the judge's conviction that he is innocent. The defendant's submission of mitigating evidence is to protect the rights of the defendant and uphold the principle of equality before the law. The evidence presented by the defendant to prove his innocence was documentary evidence. The purpose of this study was to identify and analyze the use of documentary evidence submitted by the defendant in a murder crime case and to find out the weaknesses and solutions to the use of documentary evidence submitted by the defendant in a murder crime case. This legal research uses empirical juridical research methods, by conducting descriptive analysis. This research uses a statutory approach, documents and field research. This legal research is also supported by the results of interviews with informants. Results of the study: The panel of judges accepted the use of documentary evidence by the panel of judges, but the strength of evidence could not be considered in the verdict. The reason is because documentary evidence is not independent evidence and must be supported by other evidence. In accordance with Article 183 of the Criminal Procedure Code, which regulates the minimum number of at least two valid pieces of evidence. The weaknesses of documentary evidence submitted by the defendant include: (a) From a formal perspective, that the power of proof of documentary evidence in a criminal case is controlled by the rules, namely Article 187 KUHAP, they must determine the conviction of the judge. Evidence in a criminal case to seek material truth, the judge is free and not bound by evidence. (b) In terms of material, whereas what is sought in criminal procedural law is material truth, then the consequence is that the judge is free to use or set aside a letter. Although there is no special regulation, according to the negative evidence system (negatief wettelijk bewijstheorie) adopted by the Criminal Procedure Code, namely there must be confidence from the judge regarding the evidence presented at trial. Even though from a formal perspective, the evidence is an official letter, but the value of perfection does not support it to stand on its own and must comply with the principle of the minimum limit of proof stipulated in article 183 KUHAP.

The Process Of Investigation Against The Criminal Action Of Narcotics Andriawan, Ferry; Maerani, Ira Alia; Sulchan, Achmad
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is to find out the process of investigating narcotics criminals at the Pekalongan Police and to find out the obstacles and solutions faced in the process of investigating narcotics criminals at the Pekalongan Police. The type of research used in this research is normative empirical, which begins deductively with an analysis of the articles in the relevant laws and regulations. The problems examined in this study revolve around legislation and relate to their application in practice. Research results Pekalongan Resort Police The process of carrying out investigations against narcotics perpetrators is in accordance with the provisions of the Criminal Procedure Code, the obstacles are the network of narcotics abuse crimes which are easily broken in the chain, transportation facilities for investigators of the Pekalongan Police Narcotics Unit are felt to be a bit hampering, and solutions with pre-emptive efforts (coaching) and Preventive (prevention).

Mechanism for Handling of Criminal Action Prohibiting the Use of Land Without Permission Dwi Anas Rudiyantoro; Sri Kusriyah
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

The aim of this research is; to find out and analyze the mechanism for handling criminal cases prohibiting the use of land without a permit. Toknow and analyze obstacles in handling criminal cases prohibiting the use of land without a permit. To know and analyze solution to overcome the problem of handling criminal cases prohibiting the use of land without a permit. This study uses a sociological juridical approach, with descriptive analytical research specifications. The results of this study are the mechanism for handling criminal cases prohibiting the use of land without a permit contains the procedures and procedures for handling, terminating and settling Police Reports up to the District Court level. Constraints, namely: a) Limited police investigator personnel. b) Lack of facilities and facilities. c) Lack of police expertise in handling criminal cases of land grabbing. d) Difficulty in calling witnesses. e) Difficulty finding expert information. f) The old reporting party reports to the police after the crime has occurred. The solution is a) Adding personnel to the investigation team at the Cirebon City Police Reskrim Unit I. b) Conducting a coordination relationship between the Cirebon City Police and the Cirebon City National Land Agency. c) Conduct a search for heirs and visit the witness's domicile.

Law Enforcement on Fiducian Security Objects Due to Withdrawal of Fiducia Security Objects Angga Kusumah; Aryani Witasari
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

The objectives of this study are: Knowing and analyzing Law Enforcement against Fiduciary Guarantee Objects Post-Constitutional Court Decision Number 18 / PUU-XVII / 2019. Knowing and analyzing the obstacles that occur in law enforcement on the object of fiduciary security. In this research, the approach method used is the sociological juridical approach. The research specification used in this research is descriptive analysis. Based on the research, it is concluded that law enforcement on the object of fiduciary guarantee after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is preventive that has been carried out including: reading of rights and obligations and signing signatures by each party, registration of Fiduciary Security at the Ministry of Law and Human Rights, insuring units and parties, and give warning 3 (three) times before securing Fiduciary Security goods. The repressions that have been carried out include administrative law enforcement, criminal law enforcement and civil law enforcement. Constraints that Occur in Law Enforcement of the Object of the Fiduciary Guarantee and the solution is insufficient evidence, the solution is to look for such evidence; If the collateral object has not been found, the investigator needs to carry out further investigation; The suspect is not present, runs away, does not have a permanent place of residence or his identity is not clear, the solution is to carry out further investigations. Responding to the facts above, it is necessary that the Fiduciary Security Law be more socialized to the public,

Evidence System of Counting Elements of State Loss Against Corruption Criminal Actions in Indonesian Criminal Jurisdiction System M. Rizal Bagaskoro; Jawade Hafidz
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

This study seeks to answer the problem of what is the legal problem in the process of proving the calculation of elements of the State Financial Loss on Corruption? And what is the solution to legal problems in Evidence of Calculation of Elements of State Financial Losses on Corruption in the Criminal Justice System? Research for is normative research. Based on the research, it can be concluded that the problems of the legal system are related to the substance of the law in law enforcement on corruption which is detrimental to state finances and problems in the legal system related to the legal structure in law enforcement in criminal acts of corruption that are detrimental to state finances.

The Diversion For Children In Front Of The Law In Traffic Accident Cases Bagus Jatmiko; Bambang Tri Bawono
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is to identify and analyze the implementation of diversion in the settlement of traffic accident cases committed by children in the context of legal certainty; knowing and analyzing the obstacles and solutions to the application of diversion in the settlement of traffic accident cases committed by children in the context of law enforcement that leads to restorative justice. This research approach method uses a sociological juridical approach. The conclusion of this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions for children who are in conflict with the law in traffic accident cases should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community. The government should provide diversion facilities and infrastructure in order to guarantee protection for children.

Jurisprudential Analysis of the Execution of the Inheritance of Adopted Children Ahmad Akhsin
Law Development Journal Vol 1, No 2 (2019): December 2019
Publisher : Universitas Islam Sultan Agung

The issues raised in This research is: What is the legal basis for the consideration of the Judge and the ijtihad style of the Religious Court Judges at the Batang Religious Court in settling the inheritance of adopted children? What factors influence the style of the decision of the Batang Religious Court Judge in the settlement of the case of adoptive son inheritance? The method used in this research is a normative juridical approach and the research specification uses descriptive analytical.The main tasks of the judiciary in Indonesia in receiving, examining, adjudicating and resolving any problems raised are carried out by judges. Judges here, apart from functioning as law enforcers, are also required to enforce law and justice. Here the judge will be required to do not just as a mouthpiece or mouthpiece Law, but more than that it is required to explore the law in every decision for the sake of upholding justice. In matters where there is no sharih text, the judge's ijtihad style is characterized by the use of unwritten sources of law, including istishhab and maslahah mursalah. Although it was not explicitly stated in the consideration of the decision, contextually ishtishhab was used as an unwritten source in the settlement of the case of the inheritance of adopted children. The Panel of Judges at the Batang Religious Court in the settlement of the case of the inheritance of adopted children who get inheritance rights through the mandatory will use ijtihad integrative between ijtihad intiqa'i and ijtihad insya'i according to the concept of Yusuf Al Qardawi, Meanwhile, the factors that influence the style of the judge's decision at the Batang Religious Court consist of two factors, internal and external factors of the judge, each of which has a dominant influence.Key Words: Jurisprudence; ijtihad; inheritance; adopted children; mandatory will

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Contact Name
Yusuf Wisnu Mandaya

Contact Email
wisnumandaya@unissula.ac.id

Phone
+6282137137002

Journal Mail Official
ldj@unissula.ac.id

Editorial Address
Faculty of Law Sultan Agung Islamic University Magister of Law, 2nd Floor Imam Asy Syafei Building, Faculty of Law, Sultan Agung Islamic University Jl. Raya Kaligawe Km. 4 Semarang

Location
Kota semarang,

Jawa tengah

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Yusuf Wisnu Mandaya

Contact Email wisnumandaya@unissula.ac.id

Phone +6282137137002

Journal Mail Official ldj@unissula.ac.id

Editorial Address Faculty of Law Sultan Agung Islamic University Magister of Law, 2nd Floor Imam Asy Syafei Building, Faculty of Law, Sultan Agung Islamic University Jl. Raya Kaligawe Km. 4 Semarang

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Yusuf Wisnu Mandaya

Contact Email
wisnumandaya@unissula.ac.id

Phone
+6282137137002

Journal Mail Official
ldj@unissula.ac.id

Editorial Address
Faculty of Law Sultan Agung Islamic University Magister of Law, 2nd Floor Imam Asy Syafei Building, Faculty of Law, Sultan Agung Islamic University Jl. Raya Kaligawe Km. 4 Semarang

Location
Kota semarang,

Jawa tengah

INDONESIA