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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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Consumer Protection Against Forced Withdrawal By Leasing Parties In Fiduciary Guarantee Hernando Ariawan; Maryanto Maryanto
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this research is to analyze consumer protection against forced withdrawals by leasing parties in fiduciary guarantees, constraints on consumer protection against forced withdrawals by leasing parties in fiduciary guarantees, and analyze consumer protection against forced withdrawals by leasing parties in fiduciary guarantees in the future. This study uses a sociological juridical approach, with analytical descriptive research methods. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice. The results of the study concluded that forced withdrawals were made to the debtor both physically and mentally due to the lack of heeding of the wishes of the leasing party. When the action that has a criminal threat is carried out by leasing, then there is no word for criminal abolition for them, except for certain reasons. The first party should use legal channels, namely through the courts in resolving the problem of default by the second party, so that there is permanent power in confiscation of goods against debtors in the event of bad credit. The use of Fiduciary Guarantees still has several obstacles, including: 1). Fiduciary Guarantee Registration. 2). Guaranteed vehicle withdrawals. 3). Elimination of Fiduciary Guarantee after the debt has been repaid. Consumer protection against forced withdrawals in fiduciary guarantees in the future should continue to be consistent with Act No. 8 of 1999 concerning Consumer Protection (UUPK). The enactment of this law provides hope for the people of Indonesia, to obtain protection for losses suffered by transactions of goods and services. UUPK guarantees legal certainty for consumers.

Implementation Restorative Justice in Criminal Cases at Investigation Level Mujahid Mujahid; Sri Kusriyah
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The objectives of this study are: 1. To analyze implementation restorative justice in the settlement of criminal cases at the investigation level at the Pati Police Resort at this time. 2. To analyze the constraints that arise in implementation restorative justice in the settlement of criminal cases at the investigation level at the Pati Police. 3. To analyze restorative justice in the settlement of criminal cases at the investigation level at the Pati Police in the future. The research method used is juridical empirical. Types / Specifications of Research, Types of Data and Data Sources, Data Collection Methods, Data Analysis Methods. Research results and discussion: Handling of criminal cases by the Police (investigators) at the Criminal Investigation Unit of the Pati Police with criteria including the category of criminal offenses punishable by criminal sanctions of up to 1 (one) year must be prioritized to apply diversion, criminal acts subject to sanctions. a sentence of more than 1 (one) year to 5 (five) years of the Pati Police Criminal Investigation Unit is carried out with the criteria, among others, considering the law enforcement process in accordance with the applicable positive law and if the settlement is through restorative justice. The use of restorative justice by the police in solving criminal cases at the level of future investigations can represent a logical step in public service and general case handling reform. This contributes to improved community police relations. New participatory programs can encourage a form of direct accountability to the communities they serve. Police officers can apply the principles of restorative justice to develop sustainable collaborative partnerships with the community.

Implementation Of Complete Systematic Land Registration Services During The Covid-19 Pandemic Fitri Adhi Nugroho; Umar Ma'ruf
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is as follows: To find out the problems faced in PTSL services during the Covid-19 Pandemic at the Pekalongan City Land Office, to find out and analyze the implementation of PTSL services during the Covid-19 Pandemic at the Pekalongan City Land Office. This study uses a sociological juridical approach. Based on the results of the study, it can be concluded: (1) Existing Problems in PTSL Services During the Covid-19 Pandemic Period at the Land Office of Pekalongan City, including: (a) The factor of social distancing so it is not allowed to carry out measurements as before the pandemic, thus progress of implementation becomes hampered, while there is still a PTSL completion target that must be met, (b) The budget factor of the ministry of ATR/BPN is saved for the needs of handling the pandemic, so that the target is reduced / unit costs are lowered / there is even work in the implementation of PTSL that cannot be paid, (c ) The time period for the announcement of physical data and juridical data differs between the Government Regulation and the Ministerial Regulation concerning PTSL, (d) The factor of law enforcement facilities,the presence of an invalid resident e-KTP has been brought to the sub-district office but is still not recorded in the KKP application so that the efforts made are to coordinate with the Population and Civil Registry Office of Pekalongan City, (e) The factor of low public interest in participating in the implementation of PTSL activities from from the beginning until the issuance of certificates in 2020 there were 504 certificates printed, 504 certificate signatures, and G. Scan BT PTSL 2020, (2) Implementation of PTSL Services During the Covid-19 Pandemic Period at the Land Office of Pekalongan City, the results namely Print Certificate: 504 fields, Certificate Signature: 504 fields, and G. Scan BT PTSL 2020: 504 fields.

The Role of Advocates in Assisting the the accused of the Crime of Embezzlement of Complete Systematic Land Registration Fees (PTSL) Muhammad Abu Aksan; Sri Kusriyah
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

This study aims to determine the role of advocates in assisting defendants in complete systematic land registration fee embezzlement (PTSL), inhibiting factors. This research method uses an empirical juridical approach. The conclusion of this study is the role of advocates in assisting the accused of embezzling the complete systematic land registration fee (PTSL) at the Pati District Court, Decision Number: 13 / Pid.B / 2020 / Pn Pti, with the defendant I Subronto, S.Pd . Bin Ngaseri, Defendant II Muh. Gufron Bin Ahmadi, therefore, was sentenced to imprisonment for 6 (six) months each while defendant III Muhlisin Bin Matruri was sentenced to imprisonment of 5 (five) months. Inhibiting factors The role of advocates in assisting the accused of embezzling the complete systematic land registration fee (PTSL) at the Pati District Court, the number of witnesses presented by the Public Prosecutor in the trial was the Village Government of Alasdowo, Kec. Dukuhseti Kab.Pati who is involved in the PTSL Program, but in giving their testimony regarding the use of the PTSL application fee they seem not to know by covering up the real facts, There are no regulations governing the PTSL program in Alasdowo Village, Kec. Dukuhseti Kab. Pati, so it was difficult to present Expert Witnesses.Keywords: Legal Counsel, embezzlement, Defendant.

The Effectiveness against Traffic Violations with Electronic Traffic Law Enforcement (ETLE) Yuliantoro, Yuliantoro; Sulchan, Achmad
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

This study aims to determine and analyze the effectiveness of law enforcement against traffic violations with Electronic Traffic Law Enforcement (ETLE) and to identify and analyze the obstacles in law enforcement against traffic violations with Electronic Traffic Law Enforcement (ETLE) and find out the solutions. This research is an empirical juridical research by combining legal materials (which are secondary data) with primary data obtained in the field. The results of this study indicate that the effectiveness of Electronic Traffic Law Enforcement (ETLE) is still less effective in its implementation, judging from the data on violations that are still occurring, which are increasing compared to before the implementation of the ETLE system. Public awareness of compliance in driving on the road is still lacking and tends to ignore traffic signs because there are no police officers on the road. The factor for the ineffectiveness of implementing Electronic Traffic Law Enforcement (ETLE) is the lack of camera equipment installed on every road and every traffic light so that there is a lack of valid data to detect traffic violators and also there are still many violators found on the highway, especially motorcycle riders who do not drive in an orderly manner in the absence of police officers on duty on the road.

Process of Resolving Cases of Traffic Violations which Resulted Death Hendri Listiawan Nugroho; Achmad Sulchan
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

A traffic violation is an act that is contrary to traffic and/or its implementing regulations, which may or may not cause loss of life or property as well as security, order and smoothness of traffic (kamtibcarlantas). This writing aims to identify and analyze the process of resolving cases of traffic violations that cause people to die based on, constraints, and solutions in solving cases. The approach method used is a sociological juridical approach. The research specification used is descriptive analysis, primary and secondary data sources and uses qualitative analysis. This writing is analyzed with the theory of justice and the theory of legal certainty to answer the problem. The process of settlement of cases is carried out in accordance with the criminal procedure law as regulated in the Criminal Procedure Code (KUHAP), starting from investigations, investigations, prosecution by the Public Prosecutor, and trials in court where criminal decisions are subsequently sentenced to the perpetrators. The obstacles faced include: inadequate infrastructure, lack of human resources, lack of coordination between the police and prosecutors, lack of public legal awareness, and lack of compliance with legal rules by the community. The solutions applied were in the form of: completing the facilities and infrastructure, improving the quality of human resources, improving coordination between the police and prosecutors, holding outreach to the public.

Restorative Justice in Children's Criminal Jurisdiction System through Diversion Nur Indah Setyoningrum; Anis Mashdurohatun
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Diversion is a constructive effort to rebuild social relations that have been damaged by criminal acts, basically diversion has relevance to the purpose of punishment for children. The formulation of the problem is 1) How is the implementation of restorative justice in the Juvenile Criminal Justice System through diversion at the Semarang City District Attorney, 2) What are the obstacles in the implementation of restorative justice in the Juvenile Criminal Justice System through diversion at the Semarang City District Attorney. The method used is juridical empirical. The results of this study are: 1) This is due to the need for time to adjust to the new regulations in effect, in order to meet the completeness of supporting infrastructure and equitable distribution of trained and reliable human resources in every judicial institution in various regions throughout Indonesia, especially those dealing with child crimes. 2) The child protection system is not working in every case of children who are in conflict with the law

Role of Victims in Criminal Action of Rape Against Children in Pemalang State Court R. Ayu Miya Ratih Ardhya Garini; Sri Kusriyah
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

This study aims to analyze the role of the victim considered by the judge in deciding criminal cases of rape against children and the role of victims against children influences the imposition of criminal sanctions by judges at the Pemalang District Court. This research was conducted using a sociological juridical approach with the research specifications used in this research is descriptive in nature equipped with a case study of aspects of the role of the victim in considering the severity of the punishment given to the perpetrator of rape against children in Pemalang District Court, that children also have role in the occurrence of the crime of rape, whether the victim is active, passive, provocative, consciously or unconsciously. Based on the results of the research, it was concluded that the Pemalang District Court Judge had considered the aspects of the role of the victim in the criminal case of rape against children, that the role of the victim in the crime of rape against children was something that mitigated the crime imposed on the perpetrator.

An Urgence To Establishing Regulations For Implementing State Administrative Justice Law Sri Rahayu; Siti Rhodiyah Dwi Istinah
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

This study aims to examine and analyze why an implementing regulation is needed for Act No. 51 of 2009 concerning the Second Amendment to Act No. 5 of 1986 concerning the State Administrative Court. The research method used is descriptive qualitative research with a normative juridical approach that examines theories, legal principles and related legislation. The method of data collection was carried out by library research with the type of research data consisting of primary, secondary, and tertiary legal materials. The government needs to immediately establish implementing regulations for the State Administrative Court Law to provide legal certainty for the community,

Reconstruction Of Legal Policy On Decency Crime In Indonesia Based On Pancasila Value (LGBT Rehabilitation Institute For Children) Cucuk Kristiono
Law Development Journal Vol 1, No 1 (2019): June 2019
Publisher : Universitas Islam Sultan Agung

YKPN survey results showed that there are about 4000-5000 gay in Jakarta. Gaya Nusantara estimates there are 260.000 of the 6 million residents of East Java is Gay. Gays registered as members of the gay community in Indonesia there are 76.288. While Oetomo estimate, there is 1% of the Homosexual community in Indonesia. Connecting with LGBT victims rehabilitation treatment in children by agency or entity that has not been regulated in Article 292 of the Criminal Code following criminal sanctions if not carried out rehabilitation. Juridical empirical approach is used in hopes obtained a clear and complete picture of the background and the ins and outs of why the implementation of the children rehabilitation of LGBT’s victims urgent to be done and set in article 292 of the Criminal Code in the form of additional verse. Considering article 292 of the Criminal Code did not regulate and discusses how the continuation of children as LGBT’s victim and only focus on criminal prosecution against the perpetrators only. This sort of thing happens because the regulations have not explicitly regulate this issue. LGBT in Indonesia, including the diversion of moral and immoral acts in the category, but in the regulation of fixed elements deemed equal before the law properly human. Because justice remains true for all citizens with regard to the Pancasila values.Keywords: Reconstruction; Rehabilitation; LGBT; Children; Pancasila Value.

Page 15 of 42 | Total Record : 414

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Yusuf Wisnu Mandaya

Contact Email
wisnumandaya@unissula.ac.id

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+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