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[Juridical Study on Implementation of Village Chairman Using E-Voting Method ]]>
<![CDATA[Arif Hijrah Saputra]]>;
<![CDATA[Widayati Widayati]]>
<![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.2.3.392-401
<![CDATA[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.]]>
<![CDATA[The Implementation of the Safekeeping Agreement (Consignment) In Supermarket ]]>
<![CDATA[Nursasongko, Fitriaji Wira]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.827-833
<![CDATA[Along with the times, the economy in the current era is diverse and growing very rapidly, especially in the business world. Many business activities require cooperation from other business actors with the aim of developing business potential, businesses between these business actors are usually based on trust between parties as the main basis for building businesses that can mutually benefit each other. One of the cooperation agreements is the safekeeping of goods (consignment). In practice, the goods custody agreement (consignment) requires good cooperation and the goods sold must be of good quality in accordance with the provisions contained in the Kedungmundu Style Supermarket. This study aims to find out the procedures and implementation of the consignment agreement at the Gaya Kedungmundu Supermarket, Semarang, to find out the problems or obstacles that exist in the implementation of the consignment agreement at the Kedungmundu Supermarket Semarang in the event of a default between the two parties. The method used in this study is a sociological juridical approach, which is carried out by using an approach using the assistance of other social sciences, through this approach it means that in the study of the data it is not only guided by juridical aspects. But by looking at the reality in practice. The specification of the research conducted is descriptive analysis. This research analyzes and presents facts systematically so that it can be easier to understand and conclude. Based on this research, it can be concluded that the procedure for implementing a consignment agreement at the Gaya Kedungmundu Supermarket, Semarang, starting from filling out the stages to be able to cooperate in a consignment relationship, requires an agreement and there is no coercion from other parties according to Article 1320 of the Civil Code. in the implementation of the goods safekeeping agreement (consignment) which includes internal and external obstacles. Efforts to complete the implementation of the goods safekeeping agreement (consignment) include litigation and non-litigation, for example through legal channels and deliberation or negotiation.]]>
<![CDATA[The Law Enforcement against the Personnel of Corruption Crime ]]>
<![CDATA[Haris Fadillah Harahap]]>;
<![CDATA[Widayati Widayati]]>
<![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.2.4.526-534
<![CDATA[The purpose of this research is to analyze and explain: 1) Implementation of law enforcement against perpetrators of corruption in the jurisdiction of the Pemalang District Prosecutor's Office, 2) Efforts made by the Prosecutor in preventing the occurrence of criminal acts of corruption in the jurisdiction of the Pemalang District Attorney that hinders law enforcement against perpetrators of corruption in the jurisdiction of the Pemalang District Prosecutor's Office and the solution. The approach method used in this study is a sociological juridical approach. The sociological juridical approach method is used to study/analyze secondary data in the form of legal materials, especially primary legal materials and secondary legal materials. The results showed that the implementation of law enforcement against perpetrators of corruption in the jurisdiction of the Pemalang District Prosecutor's Office noted that carry out several processes or stages in accordance with the laws and regulations and the Prosecutor's Standard Operating Procedure (SOP), namely examination, investigation, investigation and prosecution. As for prosecution, in addition to criminal efforts, efforts were also made to force the return of money from corruption to be returned to the state treasury. As for the efforts made by the Prosecutor in preventing the occurrence of criminal acts of corruption in the jurisdiction of the Pemalang District Prosecutor's Office, namely through comprehensive policies and comprehensive administrative reform in the form of privatization, deregulation, and decentralization. Factors that hinder law enforcement against perpetrators Criminal acts of corruption in the jurisdiction of the Pemalang District Attorney are the complexity of corruption cases, time constraints, the intensity of examinations by the limited functional supervisory apparatus, the spread of corruption cases through public policies, and the level of public legal awareness is still relatively low.]]>
<![CDATA[The Element of Deliberate Action in a Series of Actions on PRONA Program's Corruption Crime ]]>
<![CDATA[Antonius Agung Ariyanto]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.3.1.44-51
<![CDATA[The purpose of this research is to analyze construction law panel of judges in deciding cases of corruption, qualifying extortion in the PRONA program. The research approach method used is a qualitative normative juridical approach. The legal construction built by the Panel of Judges in criminal cases of extortion qualification of corruption fulfills the provisions in Criminal Law, namely the Principles of Legality and culpability. The defendant was proven to have violated the law in the provisions charged by the public prosecutor, namely Act No. 31 of 1999 Jo Act No. 20 of 2001 and Article 55 paragraph (1) to 1 of the Criminal Code. The conclusion of this research is that the defendant was proven intentionally, at least knowing it as an intentional element, designing the Prona committee, determining Prona's fees, and issuing a “threat” letter to the applicant which should be free (with certain conditions). According to the Panel of Judges, such legal facts are sufficient to prove that the defendant was deliberately involved in the criminal act of corruption. It is recommended that in dealing with corruption cases with the same motive, in the future, the public prosecutor is more courageous in giving a single indictment. So that from the start, I was sure of the charges given, especially from the collection of materials and information through a catch operation.]]>
<![CDATA[Role of Political Parties in Public Policy Decision ]]>
<![CDATA[Chaerul Umam]]>;
<![CDATA[Widayati Widayati]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![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.3.1.154-161
<![CDATA[This research aims to analyze the ability of the role of political parties in determining public policies, and also to analyze suitable solutions to be implemented. This research approach method uses normative juridical. The specification of this research uses qualitative analytical descriptive, and the source material uses primary and secondary legal materials, and uses the theory of democracy, the theory of rule of law, the theory of political parties, and the theory of public policy. Based on the research, it can be concluded that the problem arises with the existence of party power that is too strong in all elements, for example in parliament where there is a recall right from a political party which is not based on the cadre's performance in parliament but based on the policy the cadre takes is not a party policy. Improving the internal system is a step that must be taken to improve the party system, because like the explanation in the third discussion that the strengthening of political party internal regulations should make the democratic system run better, the fact is that research on political party regulations is quite good, but it is necessary. There is an emphasis and realization of these regulations that are often not carried out by the parties themselves.]]>
<![CDATA[The Juridical Overview Of Customary Land Registration ]]>
<![CDATA[Intan Haryanti]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![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.3.2.272-282
<![CDATA[Indonesia in Article 18 B paragraph 2 states that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with community development and the principles of the Unitary State of the Republic of Indonesia, which are regulated by law. This study aims to 1). Describe the Land Registration Policy in the current era; 2). Describe the legal policy of ulayat land registration. This type of research is a doctrinal research with a juridical approach that uses secondary data as the main data source. The current land registration policy is based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL) which targets 126 million parcels of certified land throughout Indonesia by 2025. Policy on ulayat land registration Referring to PP No. 27 of 1999 concerning registration, it does not make ulayat land as land that can be issued a certificate, even though providing legal guarantees and protection for ulayat land is a mandate of the 1945 Constitution of the Republic of Indonesia and the UUPA. Therefore, the government can issue a Certificate of Customary Land through a Regional Regulation as the output of the Customary Land Registration.]]>
<![CDATA[Implementation of Local Regulations Concerning Market Charges and Problems in Practice ]]>
<![CDATA[Harti Harti]]>
<![CDATA[ Law Development Journal Vol 2, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.1.1-10
<![CDATA[This research raises a problem regarding the Retribution for Markets, Wholesale Markets and Shops controlled by the Demak Regency Government in Bintoro Market, Demak Regency.This research was conducted with a qualitative approach. The research was conducted at the Demak Regency DPRD, Demak Regency Legislation Section, Demak Regency DPKKD Office. Office of the Department of Industry, Trade, Cooperatives, MSMEs, Regional Regional I Pasat UPTD Offices, Demak District Civil Service Police Unit and Bintoro market. Data collection methods used were interviews and documentation. The data analysis method is descriptive and the analysis used is qualitative.The results showed that the implementation was not going well. This can be seen in the many articles in Regional Regulation Number 2 of 1999 concerning Retribution for Markets, Wholesale Markets and Shops controlled by the Demak Regency Government which are not applied in the field besides that the collection of field contribution rates is not in accordance with the provisions stipulated in Regional Regulation Number 2 years 1999 concerning Retribution for Markets, Wholesale Markets and Shops controlled by the Demak Regency Government. In the implementation of Regional Regulation Number 2 of 1999 concerning Retribution for Markets, Wholesale Markets and Shops which are controlled by the Demak Regency Government, there are supporting and inhibiting factors.Keywords: Retribution; Market; Wholesale markets and shops ]]>
<![CDATA[The Politics Of Corruption Eradication Law In The Aspect Of Anti-Corruption Education ]]>
<![CDATA[Yunus Rahendra]]>;
<![CDATA[Aryani Witasari]]>
<![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.3.2.416-423
<![CDATA[The purpose of this study is to explain the need for aspects of anti-corruption education provided in educational institutions. Currently, the government is still focused on the regulation of legislation, especially on efforts to strengthen law enforcement. However, efforts to eradicate corruption by breaking the chain of its emergence by providing anti-corruption education in educational institutions are a promising step if implemented optimally. Based on the above background, problems arise, namely how is the urgency of anti-corruption education, then how is the role of the government in anti-corruption education management. The research approach method used is normative juridical using secondary data. Data collection is done by collecting and analyzing library materials and related documents. Furthermore, the data from this study were analyzed qualitatively, namely by collecting research data to be processed which was then concluded to obtain information and answers to research problems. The conclusion of this research is the need for the role of the educational component to teach moral and ethical doctrine to students from an early age. In addition, the government's role is also important in supporting the implementation of anti-corruption education from the level of policy makers. Among them is the internalization of anti-corruption education in existing subject matter by updating the existing curriculum.]]>
<![CDATA[General Election Law Position In The Enforcement Of Criminal Law ]]>
<![CDATA[Eko Nuryanto]]>;
<![CDATA[Gunarto Gunarto]]>
<![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.2.2.146-154
<![CDATA[The aim in this study, to find out and analyze the mechanism for law enforcement of election criminal acts based on the General Election Law. In this research, the writer used sociological juridical method with the research specification in the form of descriptive analysis. The data used for this research are primary and secondary data. Based on the results of research that concludes, namely the mechanisms in the election criminal justice process based on Act No. 7 of 2017 concerning Elections through investigations in Article 479, investigations in Article 480 paragraph 1, prosecution in Article 480 paragraph 4, and court in Article 481 paragraph 1 The District Court exercises the authority to examine, adjudicate, and decide on cases where the process is carried out in a special court which still refers to the stages of the general criminal justice process in the Criminal Procedure Code.]]>
<![CDATA[Effectiveness Of Law Enforcement Implementation In Case Of Middle Assistance Oriented On Restorative Justice ]]>
<![CDATA[Moh. Suharto]]>;
<![CDATA[Umar Ma'ruf]]>
<![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.3.3.546-554
<![CDATA[The purpose of this study was to determine the implementation of a restorative justice system in cases of mild persecution in the community which has not been effective at this time. The method used in this approach is sociological juridical. Restorative justice is an alternative settlement of criminal cases which in the criminal justice procedure mechanism focuses on punishment which is converted into a dialogue and mediation process that involves the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly create an agreement on the settlement of a criminal case that is fair and balanced for both the victim and the perpetrator by prioritizing restoration to its original state and restoring the pattern of good relations in society Case LP/B/06/II/2018/Central Java/Res. Pbg/Sec. fret, The victim was subjected to physical violence by the suspect. Based on the report, the Mrebet Police Chief processed and completed the investigation file. The police chief through his authority directs to the victim that the case can be resolved by restorative justice. Even though he had refused, the victim finally agreed to make peace with the suspect. This also happened in the Grobogan area, where Ulil as the persecutor and Surip who was the persecuted party were facilitated by the police to make peace through restorative justice. However, not all of the community, especially victims of mild persecution, are willing to carry out legal settlements in restorative justice, where Ulil as the persecutor and Surip who is the persecuted party are facilitated by the police to make peace through restorative justice. However, not all of the community, especially victims of mild persecution, are willing to carry out legal settlements in restorative justice.]]>
