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.
Articles
414 Documents
<![CDATA[Implementation of Legal Protection Against The Criminal Acts of Children & Witnesses in The Criminal Action of Stealing ]]>
<![CDATA[Meta Permatasari]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.565-572
<![CDATA[The method used in this research is sociological research methods. This approach is directed at the setting and the individual holistically (intact). So, in this case it is not permissible to isolate individuals or organizations into variables or hypotheses, but it is necessary to see them as part of a whole. The purpose of this research is to analyze and explain: 1) The factors that encourage children to commit the crime of theft in the jurisdiction of the Semarang City District Attorney, 2) Implementation of Legal Protection for Child Perpetrators and Witnesses in the Crime of Theft in order to realize the principle of best interests Children in the Semarang City District Attorney, 3) Factors that hinder the implementation of legal protection for child perpetrators and witnesses in the crime of theft in order to realize the principle of the best interests of children in the Semarang City District Attorney and what is the solution. The results showed that The factors that encourage children to commit criminal acts of theft include: family, education, economy, social factors. The implementation of legal protection for children of perpetrators and witnesses in criminal acts of theft, namely by making efforts to resolve children's cases outside the judicial process, preventing children from being deprived of liberty, encouraging the public to participate and instilling a sense of responsibility to children. Factors that hinder the legal protection of children of perpetrators and witnesses in criminal acts of theft, namely: the investigation procedure file submitted by the investigator to the public prosecutor does not completely and clearly describe the perpetrator and victim in the occurrence of a criminal act.]]>
<![CDATA[The Police Role in Investigating the Crime of Child Murder as a Result of Infidelity Relationships ]]>
<![CDATA[Nurfita Anggraini Tohari]]>;
<![CDATA[Sri Endah Arpangi]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.86-92
<![CDATA[This writing aims to identify and analyze the role of the police, criminal investigation mechanisms, obstacles and solutions to the investigation of child murder resulting from adultery. The approach method used is sociological juridical, the writing specification uses descriptive analysis, the source and type of data used are primary and secondary data. Methods of data collection by observation, field research, library research, and using qualitative data analysis methods. The theories used in conducting the analysis are role theory, justice theory, and law enforcement theory. The role of the police has been carried out by the State Police of the Republic of Indonesia as a state apparatus that has the duty to always protect, protect and serve the community in order to achieve security and order. The mechanism for the investigation of the criminal act of murdering the child resulting from an affair starts from the summons of the suspect/witness/expert to the settlement and submission of the case file to the public prosecutor. Obstacles in conducting investigations include constraints on legal substance, constraints on legal structure, and constraints on legal culture. The solution in overcoming these obstacles is coordination between senior investigators and investigators who have just attended investigative training, especially for investigators who have just been appointed as investigators.]]>
<![CDATA[Community Participation In Development Of Environmental Impact Analysis Documents (AMDAL) Based On Arnstein Concept ]]>
<![CDATA[Prita Hapsari Kertaningrum]]>;
<![CDATA[Widayati Widayati]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.175-183
<![CDATA[With the enactment of Act No. 11 of 2020 concerning Job Creation, Act No. 32 of 2009 concerning Environmental Protection and Management underwent changes, so that one of the main changes is community participation in the process of preparing the Environmental Impact Analysis (AMDAL) document. This article examines community participation in the preparation of the AMDAL document based on the Job Creation Act according to the concept of community participation by Arnstein. With a normative juridical approach, it can be concluded that community participation in the preparation of AMDAL documents according to the Job Creation Law is included in the second level (Tokenism) meaning that public participation is limited in the form of submitting suggestions, opinions and responses but there is no guarantee that the opinions expressed will be considered in decision-making.]]>
<![CDATA[Reconstruction of Expert Testimony For Determining The Judge Considering iIn The Corruption Case Based On Justice ]]>
<![CDATA[Siti Nursyakirah Yuslan]]>;
<![CDATA[Sera Rosanto]]>
<![CDATA[ Law Development Journal Vol 1, No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.1.1.18-24
<![CDATA[Calculation of state losses can only be done by an expert. Experts here are not only experts in the field of financial audit but also engineers who will calculate the feasibility of construction of a building in case of corruption was related to the construction field. Expert who has the competence do calculating the quantity of a building and the price of a building is a person who has a construction management certification. Judge in assessing the truth of the testimony / evidence, in the RIB in the know with 3 systems of evidence include; free system (Vrij Bewijk); positive system (wettellijk) and negative cystine (wettellijk). In the formulation of Article 184 paragraph (1) Criminal Procedure Code, which specified that legal evidence is: witness testimony; expert testimony; letter; pointing and testimony of the defendant. Each handling of corruption cases, the process of calculating the amount of state losses in practice are still causing differences of interpretation either by the Prosecutor, state audit agency (BPK), the financial supervision and development (BPK), as well as the court. Description Construction Experts who have no competence in the matter of corruption, the statement becomes invalid.Keywords: Reconstruction; Expert; Testimony; Corruption and Justice.]]>
<![CDATA[Prosecutor's Demand In Delimination Form Of Children's Independence As A Form Of Legal Protection ]]>
<![CDATA[Suhardjono Suhardjono]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.315-327
<![CDATA[The purpose of this study is to find out and analyze whether the prosecutor's demands containing the deprivation of liberty against children have been appropriately applied in the context of legal protection to children, especially in sexual crimes committed by children against children. The approach method used in this research is empirical juridical with the specification in this research is descriptive analysis, which describes the applicable laws and regulations associated with legal theories in the practice of implementing positive law concerning problems. The results obtained are that the prosecutor's demands in the form of formal deprivation of liberty and seen from the aspect of legal objectives are in accordance with Act No. 11 of 2012 concerning the Juvenile Criminal Justice System, besides that from a sociological and philosophical point of view it is felt to be comparable to trauma and suffering a lifetime experienced by the victim's child in facing his future.]]>
<![CDATA[The Law Enforcement in Implementation of Diversion on Children in Confrontation with the Law ]]>
<![CDATA[Nur Khasanah]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.60-67
<![CDATA[This study aims to analyze law enforcement in the application of diversion to children in conflict with the law. Constraints faced in applying diversion to children who are faced with the law and its solutions. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data which are then analyzed qualitatively using law enforcement theory and restorative justice theory. The result of this research is the action of transferring the settlement of juvenile cases from the criminal justice process to the non-criminal justice process. This diversion really needs child-specific handling that aims to provide the best interests of the child supported by adequate police human resources and the availability of legal assistance, community counselors, professional social workers and family / guardian and community support. Constraints faced a) Unifying Thoughts between Victims and Children in Conflict with the Law in order to Achieve an Agreement, b) Inadequate facilities and facilities, c) Community understanding of diversion is still lacking, d) Understanding of the community and other law enforcement officials on Diversion still lacking, e) The role of the community is still minimal, especially from the community who are victims, f) Cooperation with other agencies related to the implementation of Diversion has not been going well. Solutions to overcome these obstacles are a) Conducting separate meetings (caucuses) to unify ideas between victims and children in conflict with the law so that an agreement is reached, b) Optimizing facilities and infrastructure, c) Establishing Intensive Communication with Other Law Enforcement Officials. , d) Conducting Diversion Socialization among the Community, e) Making an Agreement on Supervision of the Implementation of the Diversion Agreement Results.]]>
<![CDATA[The Investigation on Criminal Acts of Corruption in the Jurisdiction of Rembang Police ]]>
<![CDATA[Angga Dwi Arifian]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.460-466
<![CDATA[This study aims to identify and analyze the investigation of criminal acts of corruption in the Rembang Police Legal Area and the obstacles in investigating corruption crimes in the Rembang Pores jurisdiction and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results showed that the investigation of criminal acts of corruption in the jurisdiction of the Rembang Police was carried out in accordance with the provisions of the Criminal Procedure Code through several stages, namely collecting evidence, determining the suspect, examining witnesses and suspects and finally submitting the investigation file, suspects and evidence to the public prosecutor. In the investigation process there are several obstacles faced, namely the length of the process of collecting evidence, the suspect providing convoluted information, returning the case file by the public prosecutor.]]>
<![CDATA[Legal Considerations Settlement Of Criminal Acquisition Of Land ]]>
<![CDATA[Hapshary Noor Diansaputri]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.169-177
<![CDATA[One of the land conflicts that often occurs is the grabbing of land belonging to other people, whether intentional or unintentional, either by an individual or by a group of people. Land grabbing is a form of taking the rights of others against the law. This study aims to identify and analyze the factors that cause land grabbing, to identify and explain the form of legal arrangements for the crime of land grabbing and to analyze judges' legal considerations on the settlement of land grabbing crimes. This study uses a normative juridical approach, which is a legal research conducted by examining library materials or secondary data as the basic material for research. The theory used to analyze law enforcement theory and dispute resolution theory. Based on the research, the conclusion is: The factors driving the crime of land grabbing are the lack of awareness of the importance of legal protection of land ownership or control rights among the community, the existence of parties with certain motives against land that are considered to have no legal protection. Crimes against land grabbing are also regulated in the Criminal Code (KUHP), which is regulated in several articles in the KUHP, including: Article 167 of the Criminal Code and Article 385 of the Criminal Code. In deciding a case, a judge must consider sociological, philosophical and juridical aspects.]]>
<![CDATA[The Criminal Sanction Policy Against Victims Of Criminal Activities In Household ]]>
<![CDATA[Sekaring Dyah Ika Wulan]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.587-596
<![CDATA[The research objectives in this study are to: examine and analyze the policy of criminal sanctions against victims of domestic violence in the Law on the Elimination of Domestic Violence, to examine and analyze the constraints of criminal sanctions policies against victims of domestic violence, to examine and analyze the policy of criminal sanctions against victims of domestic violence in the future. This thesis uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using the theory of legal protection and the theory of justice. The results of the study conclude that acts of violence that occur in the household are also the same as other forms of crime in general, however, domestic violence has a special nature and characteristics that lie in the relationship between the perpetrator and the victim, as well as the ways of solving it. The obstacles to the policy of criminal sanctions against victims of domestic violence are: 1). The purpose of sentencing is not merely as a retaliation for the actions of the defendants in order to become a deterrent. 2). Weak corners of the basic idea of the double track system. 3). Weak legal sanctions given to domestic violence defendants. The Drafting Team of the Criminal Code has made a rating based on the gravity of criminal acts. This rating is divided into five levels using a semantic scale technique, from “very light” to “very serious” with a note that “very light” crimes are not subject to deprivation of liberty, while very serious crimes are crimes that are subject to deprivation of liberty/imprisonment for more than seven years.]]>
<![CDATA[Implementation of Duties and Authorities of Sabhara Police on Demonstration ]]>
<![CDATA[Cahaya Mutiara Mardiana Putri]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.307-313
<![CDATA[. Demonstration activities are actually a form of human rights protected by law, in realizing the will of citizens in expressing opinions freely, they must be maintained, so that the entire institutional social order is protected from deviations or violations of the law and can guarantee a sense of security in people's lives. Smoothly, orderly and safely in accordance with the objectives of the demonstration. Police are law enforcement officers who are directly dealing with this matter, so this research examines the duties and authorities of the police in handling demonstrations in the title. The implementation of duties and powers of the Sabhara police unit in handling demonstrations in accordance with the police law. This study uses a sociological juridical approach. The conclusion of this study is that the authority and police units of the Sabhara in handling demonstrations are not specifically stated in the law Indonesian National Police, however, it states the general powers of the police namely maintaining security and public order, enforcing the law, and providing protection, protection and services to the community in order to maintain security.]]>
