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[Abortion Due to Rape in A Juridical Perspective and Human Rights ]]>
<![CDATA[Ila Ria Alfi]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (474.742 KB)
|
DOI: 10.30659/ldj.2.3.272-278
<![CDATA[The problem of abortion due to rape is a social reality that is becoming increasingly prevalent in society. It is not uncommon in Indonesia that abortions are performed not because of health or age factors but because of shame and self-esteem. The purpose of this study was to determine and analyze the regulations regarding abortion due to rape based on Act No. 36 of 2009 concerning Health and a legal review of acts of abortion due to rape based on Act No. 36 of 2009 concerning Health and its relation to human rights. This study uses a juridical-normative approach and data collection techniques are carried out by collecting secondary data. The results of this study indicate that abortion cannot be done arbitrarily, there must be reasons and conditions that are met in accordance with statutory qualifications. Sanctions for violating these provisions can be subject to penalties. Judging from juridically, Act No. 36 Of 2009 concerning Health, Article 75 in particular paragraph (2) provides room for abortion for victims of rape. The article states that a pregnancy resulting from rape which can cause psychological trauma to the rape victim can be subjected to an abortion. In Article 9 of Act No. 39 Of 1999 concerning Human Rights paragraph (1) it is emphasized that everyone has the right to live, and to maintain life and to improve his standard of living. Human rights are basic rights that humans have since they were born.]]>
<![CDATA[The Law Enforcement of Environmental Law against Illegal Mining ]]>
<![CDATA[Harinda, Khoirulika Nur]]>;
<![CDATA[Purnawan, Amin]]>;
<![CDATA[Witasari, Aryani]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (674.601 KB)
|
DOI: 10.30659/ldj.3.4.693-699
<![CDATA[The purpose of this study is to identify and analyze law enforcement against illegal mining in Indonesia. Based on the results of the study, it can be concluded that illegal mining law enforcement is an unlawful act, regulated by Act No. 4 of 2009 concerning Mineral and Coal Mining, the threat of punishment is regulated from Articles 158 to 165. Administrative law enforcement in illegal mining crimes by the authority law enforcement is carried out in a preventive manner. Supervision in law enforcement of mining administration in a limited manner has been regulated as stipulated in the provisions of Article 39, Article 78 and Article 79 concerning Mining Business Permits (IUP) or Special Mining Business Permits (IUPK). The signs contained in the Mining Business Permit (IUP) or Special Mining Business Permit (IUPK), are obligations that must be carried out by the recipient of the Mining Business Permit (IUP) or Special Mining Business Permit (IUPK), and if a violation is committed, the official who issuing the permit has the right to impose sanctions. Based on this suggestion, it is hoped that there will be coordination and integration between relevant agencies, in particular to carry out socialization activities for legal counseling regarding Act No. 4 of 2009.]]>
<![CDATA[The Protection of Investor Rights in Margin Transactions By Securities Companies when Force Selling is Performed ]]>
<![CDATA[Sulistyani, Ratu Vidi]]>;
<![CDATA[Mashdurohatun, Anis]]>;
<![CDATA[Hanim, Lathifah]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (683.113 KB)
|
DOI: 10.30659/ldj.3.4.774-789
<![CDATA[The purpose of this study is to analyze investor rights protection arrangements in the analysis of margin transaction financing and the implementation of investor rights protection arrangements in the analysis of margin transaction financing by Stock Exchange Companies when a share sale is forced. The research method applied is sociological juridical.The results of this study show The regulation on the protection of investor rights in the analysis of margin transaction financing by a Stock Exchange Company when a share sale is made by force has actually been regulated in a letter of agreement, which is stated in Bapepam-LK Rule Number VD6. The existence of these regulations has fulfilled the legal protection aspects for investors as regulated in the Civil Code, but has not fulfilled the investor legal protection aspects as regulated in the Capital Market Law and the Consumer Protection Law. The implementation of the protection of investors' rights in the analysis of margin transaction financing by the Stock Exchange Company when a forced sale of shares is carried out has been carried out through a contract accompanied by the implementation of an internal control system and the implementation of haircuts by the IDX.Keywords: protection, margin transactions, forced sell.]]>
<![CDATA[The Legal Substance Ownership of Motor Vehicle Owner's Book ]]>
<![CDATA[Etna Yesinia Mardianti]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (462.32 KB)
|
DOI: 10.30659/ldj.2.4.489-495
<![CDATA[The purpose of this research is to analyze the legal substance concerning the Motor Vehicle Ownership Book in terms of current positive legal aspects. The research method in this article is normative juridical. The results showed that the normative law of ownership of proof of ownership of motor vehicles has legal force as a means of protecting society and providing legal certainty. The strategic role of the BPKB as a valid means of evidence and its legitimacy is recognized by the State, in addition to that as a means of uncovering crimes related to motorized vehicles, both as objects (targets) of crime and as predicate of crimes (means or means). BPKB's juridical ownership scheme, rooted in the Preamble of 1945 Constitution of the Republic of Indonesia up to laws and regulations such as Act No. 22 of 2009 concerning Road Traffic and Transportation as well as Regulation of the Chief of Police Number 5 of 2012 concerning Registration and Identification of Motor Vehicles.]]>
<![CDATA[The Role of State Attorney Prosecutors to Restore State Financial Losses in Criminal Actions of Corruption to Make Justice ]]>
<![CDATA[Widya Hari Sutanto]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (471.004 KB)
|
DOI: 10.30659/ldj.3.1.1-8
<![CDATA[Corruption is very detrimental to state finances or the country's economy and hinders national development, so it must be eradicated in order to create a just and prosperous society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. This study uses a sociological juridical approach, which in this case is related to the role of the State Attorney General in recovering state financial losses with the specification of analytical descriptive research. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using the theory of justice and the theory of expediency. The results of the study concluded that the role of the Tegal State Attorney Office in an effort to recover state financial losses can be reviewed in the theory of return on assets and theory of justice which are the most important parts in seeking to recover state financial losses. The return of state financial assets that has been attempted by the Tegal City State Attorney's Office through efforts to confiscate or seize state assets is in accordance with the perspective of justice. Referring to the theory of justice and benefit by placing criminal and civil responsibility on the perpetrators of criminal acts of corruption and their heirs, it is hoped that the state financial losses that occur as a result of these acts can be fully returned as a form of justice for the perpetrators, the state and the community who have been injured.]]>
<![CDATA[Juridical Analysis of Crimination against Civilizers of Civil Crimination ]]>
<![CDATA[Sebastian Wibisono]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (649.087 KB)
|
DOI: 10.30659/ldj.3.1.130-139
<![CDATA[The formulation of the problem in this research is: What is the process of convicting the perpetrators of criminal acts of detention at the Kendal District Court? What are the obstacles faced by judges in examining and deciding cases of criminal detention at the Kendal District Court and what are the solutions? What is the judge's consideration in deciding criminal cases at the Kendal District Court? The method used by researchers is a sociological juridical legal approach and the specifications in this study include descriptive analytical. Based on the results of research that pThe criminal process for the perpetrators of a criminal act of detention at the Kendal District Court is that the defendant is charged under Article 480 paragraph (1) of the Criminal Code concerning detention. The convictions of the perpetrators of criminal acts at the Kendal District Court in this case the verdict handed down by the Panel of Judges against the defendant was lighter than the charges. Obstacles, namely the imposition of crimes by judges who may be considered lightly by some people in general. The solution is efforts to prevent criminal acts in society, as it is known, the provision of a deterrent effect through the provision of sanctions. Judges' considerations in Deciding Criminal Cases at Kendal District Court are correct, because based on the evidence presented at the trial, it shows that the defendant is found guilty of committing the criminal act of detention and matching all the elements in Article 480 of the Criminal Code. However, the imprisonment imposed by the panel of judges is relatively lighter than the demands of the public prosecutor in which the demands of the public prosecutor are also considered light so that they can provide a deterrent effect on the perpetrators of criminal custody.]]>
<![CDATA[The Legal Protection Against Children Through A Restorative Justice Approach ]]>
<![CDATA[Bimo Bayu Aji Kiswanto]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (647.175 KB)
|
DOI: 10.30659/ldj.3.2.223-231
<![CDATA[The purpose of this research is to save the future of child offenders who are in conflict with the law. This research is expected to provide a better understanding of the importance of handling child criminal cases outside the formal legal channels to ensure and respect the dignity of the child, the best interests of the child by paying attention to justice for victims Currently, the handling of juvenile criminal cases through Restorative Justice is regulated in Article 52 of Act No. 11 of 2012 concerning the Juvenile Criminal Justice System. The research approach method used is Normative research methods, namely research on criminal law norms contained in Indonesian criminal legislation. The conclusion of this study is that society is expected to be more understanding if children are legal subjects and national assets, as part of the younger generation, children play a very strategic role as the next generation of a nation. In the context of Indonesia, children are the successors to the ideals of a nation's struggle. This strategic role has been recognized by the international community to give birth to a convention which essentially emphasizes the position of the child. A child by nature still has reasoning power that is not yet good enough to distinguish between good and bad things. Crimes committed by children in general are a process of imitating or being influenced by adults.]]>
<![CDATA[The Judgment Of The Criminal Action Of Narcotics In Islamic Law Perspective And Human Rights Protection ]]>
<![CDATA[Eka Santosa]]>
<![CDATA[ Law Development Journal Vol 1, No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (880.166 KB)
|
DOI: 10.30659/ldj.1.2.65-72
<![CDATA[The formulations of the problems in this research are: What is the basis for the judge's consideration in making a decision regarding the crime of narcotics abuse in the Pekalongan District Court? And how is the court's decision regarding narcotics crime based on the decision of the Pekalongan District Court from the perspective of Islamic law and protection of human rights human?The research carried out in this thesis is normative legal research, namely research on problems by looking at the prevailing regulations. The approach method used is normative legal research which is literature research, namely research on secondary data.The results of the research were as follows: Whereas narcotics crime is a crime, for this reason, a set of laws that regulate criminal sanctions for narcotics abuse is needed, namely: Law No. 35 of 2009 concerning Narcotics. The purpose of making Law No. 35 of 2009 concerning Narcotics is to prevent the occurrence of narcotics abuse and to eradicate illicit narcotics trafficking. The formulation of offenses in the aforementioned law focuses on the abuse and distribution of narcotics starting from cultivation, production, distribution, traffic to the users, not on assets obtained from criminal acts. The basis for consideration of judges in making decisions are: Judgments of a judicial nature, considerations of a non-judicial nature, and things that are burdensome and alleviate the crime. Judges must not only be based on statutory regulations, but must pay attention to the general feelings and opinions of the community.Keywords: Narcotics Crime, Islamic Law, Human Rights]]>
<![CDATA[Legal Analysis Of Authority On Military Judges In Judging Of Indonesian National Army (TNI) ]]>
<![CDATA[Sarjono Sarjono]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (554.134 KB)
|
DOI: 10.30659/ldj.3.2.371-377
<![CDATA[This study aims to find answers to three problems. First, because members of the TNI or TNI soldiers who commit general crimes are not tried in civil courts. Second, the authority of the Military Court to try TNI soldiers who commit general crimes after the enactment of Act No. 34 Th. 2004 regarding the TNI. Third, the obstacles/solutions to law enforcement in prosecuting TNI soldiers after the enactment of the TNI Law. This study uses a normative juridical approach, using primary legal materials and secondary legal materials. The results of the study show that, firstly, TNI members who commit criminal acts are not tried in the Civil Court because there has been no amendment to Act No. 31 of 1997 concerning Military Courts, secondly that after the enactment of Act No.]]>
<![CDATA[Manifestation Of Criminal Sanctions In The Judicial Process On Criminal Actor Of Negligence (Culpa) ]]>
<![CDATA[Ahmad Ghifar Al Ahfaqsyi]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (549.525 KB)
|
DOI: 10.30659/ldj.2.2.107-114
<![CDATA[The purpose of this research is to study and analyze manifestation of criminal sanctions in the process of prosecuting the perpetrator of a criminal offense due to negligence (Culpa). In this study the authors used sociological juridical methods with descriptive research specifications. The data sources used are primary and secondary data. Based on the results of the research, the conclusion is that in case No.207 / Pid.Sus / 2019 / PNClcp, it is in accordance with the provisions of both formal criminal law and material criminal law and the conditions that can be convicted of a defendant, this is based on trial examination, where the evidence submitted by the public prosecutor, including the testimony of the witnesses which are compatible with the statement of the defendant who honestly admitted to the act he had committed, the Panel of Judges at the Cilacap District Court in the case stated that the elements of the defendant's actions matched the formulation of the offense contained in Article 310 paragraph (4) of Act No. 22 of 2009 on Traffic and Road Transportation.]]>
