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[The Criminal Sanctions For Terrorism Crime Based On Terrorism Eradication Law And Islamic Law ]]>
<![CDATA[Wahyu Sriyono]]>;
<![CDATA[Lathifah Hanim]]>
<![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.3.2.328-338
<![CDATA[The crime of terrorism is a crime that is very dangerous for the sovereignty of the state and causes many victims. Seeing the very dangerous impact, the perpetrators of terrorism must be given heavy criminal sanctions. This study aims to identify and examine criminal sanctions for perpetrators of criminal acts of terrorism based on Act No. 5 of 2018 and Islamic Law. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of this study are criminal sanctions for perpetrators of criminal acts of terrorism based on Act No. 5 of 2018 are capital punishment, imprisonment, confinement, and criminal fines for corporations, while according to Islamic law perpetrators of criminal acts of terrorism are threatened with a hudud finger. This crime of terrorism is also included in the qishash finger which is sentenced to death if there is no pardon (amnesty). ]]>
<![CDATA[Legal Protection On Children As Witness Of Victims In Criminal Justice ]]>
<![CDATA[Ria Latifah]]>;
<![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.2.2.68-76
<![CDATA[Indonesia's legal protection is inadequate for children as witnesses of victims of criminal acts of decency in the criminal justice process. The objectives of the research include: To analyze the implementation of legal protection for children as witnesses of victims of crime of decency in the criminal justice process at the Kendal District Court, To analyze the treatment of children as witnesses to victims of criminal acts of decency during the criminal justice process at the Kendal District Court and for analyzing the obstacles and solutions in providing legal protection to children as witnesses of victims of crime of decency in the criminal justice process at the Kendal District Court. In this study, a sociological juridical approach is used, an approach used in dealing with problems discussed based on applicable regulations and then linked to the reality that occurs in the community. Based on the research, the conclusion is: Implementation of Legal Protection for Children as Witnesses to Victims of Crime of Decency in the Criminal Court Process against children as victims of decency crimes in the form of legal protection in the form of: Restitution and Compensation, Counseling, Medical Assistance, Legal Aid and Information Providing. Treatment of Children as Witnesses to Victims of Criminal Actions of Decency during the Criminal Court Process Law enforcement officials still treat women victims of child sexual abuse as objects, not subjects that must be heard and respected for their legal rights and Constraints and Solutions in the Kendal District Court. The victim feels traumatized as a result of this case in providing testimony at the trial and the solution and solution to these obstacles is that victims of criminal acts of sexual immorality continue to be given support from both family and community.]]>
<![CDATA[Legal Protection of Children in the Investigation Process by Investigators Based on Restorative Justice ]]>
<![CDATA[Askohar Askohar]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.3.3.467-474
<![CDATA[This study aims to analyze more deeply related to child protection in the current investigation process. The type of approach in this research is sociological juridical. Based on the analysis of the existing data, it was found that the child protection in the investigation process in Central Java has not been able to run effectively, Most of the children or adolescents in Central Java who are in conflict with the law are decided by the judge to enter the juvenile prison. In addition, the lengthy legal process against children in conflict with the law results in the child being depressed and can make the child's psychology more shaken. This will obviously result in the growth and development of the child's soul and also the future of the child. Restorative justice is present as another effort to enforce the law by not injuring children's rights, restorative justice is carried out by diversion. Restorative justice in handling children in conflict with the law can be pursued in law enforcement through diversion efforts. Implementation of diversion in the case of children for children with a criminal sanction of 1 year.]]>
<![CDATA[Judge’s View Of Negligence Criminal Acts Which Cause Death In Traffic Scope ]]>
<![CDATA[Heri Joko Purnomo]]>;
<![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.2.2.178-186
<![CDATA[The purpose of this research isto study, know and analyze the judge's point of view in the verdict of a case of negligence that causes the death of another person within the scope of traffic. In this study, the authors used sociological juridical methods with descriptive research specifications. The data used for this research are primary and secondary data. Based on the research, it was concluded that in positive law, the Defendant RK in case Number 186 / Pid.Sus / 2018 / PN.Jpa positively violated the provisions in accordance with the aggravating matter, namely the Accused's negligence caused the death of another person and also the Defendant did not have standardization driving license in the form of a driving license (SIM).]]>
<![CDATA[Role Effectiveness Bhabinkamtibmas In Effort To Prevent And Eradicate Criminal Acts Of Domestic Violence ]]>
<![CDATA[Teguh Wibowo]]>;
<![CDATA[Siti Ummu Adillah]]>
<![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.3.3.597-603
<![CDATA[This writing aims to find out and analyze the effectiveness of role Bhabinkamtibmas in preventing cases of domestic violence in rural areas. The type of research used in this study is a type of legal research juridic-sociological. The approach uses sociological juridical. In principle, the duties of the police universally are to protect (protections), provide services to the community (services), enforce the law and maintain order (law enforcement and maintain law and order). Including roles of Bhabinkamtibmas in preventing and reducing the number of domestic violence in rural areas, the existence of various problems and weaknesses in the form of the lack of facilities and infrastructure as well as community culture make the role of Bhabinkamtibmas in preventing and reducing the number of domestic violence in rural areas has not been effective, one of which is shown in the Grobogan area, especially in the Keradenan area, where domestic violence is dominated by physical violence. So it is necessary to involve the community and increase information facilities and infrastructure through the use of digitalization related to the presence of Domestic Violence in rural areas. This can be seen in prevention of cases of Domestic Violence in rural areas in Grobogan is still quite high, this view is shown by the fact that there have been 20 cases of Domestic Violence in the Grobogan area, 11 cases occurred in Keradenan Village, Grobogan Regency where physical violence dominates.]]>
<![CDATA[Advocates Role in Assistance of the Affected Using Sharp Weapons and Abusing ]]>
<![CDATA[Agus Ekhsan]]>;
<![CDATA[Umar Ma'ruf]]>
<![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.2.3.314-322
<![CDATA[Advocate profession is a form of respectable profession (Officium Nobile). The basis for the existence of an Advocate Institute (Legal Advisor) in Indonesia is Act No. 18 of 2003 concerning Advocates. Advocate Assistance is a process of providing ease of solving problems in facing legal processes from clients. The purpose of this research is to know and analyze prosecution procedures, to know and analyze the role of Advocates in the implementation of assistance to the accused and to find out and analyze the factors inhibiting the role of Advocates in the implementation of assistance to the accused of using a sharp weapon and persecution and how to overcome them in the Criminal Case Decision Number: 18/Pid.B/2020/PN Pti. This research uses type research empirical juridical approach, descriptive research specifications. The data used in this study are primary data obtained from field studies which are analyzed qualitatively using law enforcement and justice theories. Then for secondary data obtained from material documents or library materials. Research result conclude that The role of advocates in assisting the accused of using a sharp weapon and maltreatment on behalf of Danang Purwanto bin Parmuji against the verdict of case Number: 18/Pid.B/2020/PN Pti has been maximized with the existence of the right of the defendant's legal counsel to file a defense (Pledoi) of the public prosecutor's criminal charges, presenting a witness who defended the defendant, so that the verdict The Panel of Judges sentenced the defendant to a prison sentence of 4 (four) months and 15 (fifteen) days. It is hoped that in the future there must be moral values and justice for the creation of a common understanding of the law and according to the laws and regulations to achieve a fair legal process in society.]]>
<![CDATA[Interelation of QiyÄs Ushul Nahwi & QiyÄs Ushul Fiqh In Islamic Law Construction Framework ]]>
<![CDATA[Hasibuan, Anwar Saleh]]>;
<![CDATA[Siddiq, Ghofar]]>
<![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.2.3.402-411
<![CDATA[QiyÄs in the scope of Islamic scientific studies is not only studied and discussed in the study of UshÅ«l Fiqh science, but also in the study of UshÅ«l Nahwi science it is also studied and discussed about QiyÄs. This article attempts to analyze, study and explain the form of interrelation that occurs between QiyÄs UshÅ«l Nahwi and QiyÄs UshÅ«l Fiqh in relation to Islamic legal constructs by describing the forms of the relationship between the similarities and differences between the two.]]>
<![CDATA[The Urgency of Legal Politics in the Draft Law on Religious Harmony ]]>
<![CDATA[Setiyowati, Indah]]>
<![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.3.4.834-843
<![CDATA[The constitution guarantees the rights and obligations of the Indonesian people, one of which is religious harmony, the conflicts that have occurred to the present day encourage the Government to create higher and binding regulations and have permanent legal force. The purpose of this paper is to find out about legal politics, efforts to create an orderly and harmonious relationship between religious communities and legal politics contained in the Draft Law on Religious Harmony. In this study the researcher used a normative juridical research method, which in this study the researcher took a literature study. Legal politics is a state policy (policy) through state agencies authorized to set the desired regulations. Efforts to create orderly and harmonious relations between religious communities need to pay attention to socio-cultural factors and legal factors. Then, politics in the draft Law on Religious Harmony, namely the purpose of organizing in Religious Harmony, it is necessary to have the rights and obligations of each individual in religion, then to maintain the harmony of religious life it is necessary to have rules that regulate activities that support religious harmony. The activities in question are; Commemoration of holidays, Spreading religion, Funeral of corpses, and Establishment of synagogues.]]>
<![CDATA[Law Enforcement against Criminal Acts of Motorcycle Gangs Criminal of Rumbing & Sharp Weapons ]]>
<![CDATA[Johan Benbella Putra]]>;
<![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.2.4.535-541
<![CDATA[The objectives of this study are as follows: To identify and analyze the factors that cause the gang attacks carried out by motorcycle gangs. To find out and analyzelaw enforcement against criminal offenses against motorbike gangs, perpetrators of beatings and sharp weapons.To find out and analyze obstacles and solutions in law enforcement against criminal offenses against motorbike gangs, perpetrators of beatings and sharp weapons.The approach to the problem that the writer uses in this legal research is included in juridical-empirical research, so what is examined initially is secondary data. This research is a descriptive research. Based on the results of this study, the factors that led to the gang attacking were carried out by motorcycle gangs, among others: a lack of understanding of the teenagers regarding the applicable provisions concerning the Traffic Law. Also caused as an influence on biological and psychological conditions. Biologically because they are in a period of growth and desire to show their existence to their peers and the environment. Law enforcement against criminal acts of beatings and carrying sharp weapons committed by motorcycle gang groups, namely by preventing and taking action. The obstacles are: The community, as a source of information about the occurrence of motorbike gangs, is afraid (skeptical) of the community about motorbike gangs, even though legal counseling has been carried out. The solution is: Coaching motorcycle gangs. Conducting legal education and prohibiting all acts of beating and carrying sharp weapons carried out by motorcycle gangs to the community.]]>
<![CDATA[Implementation of Diversion against Criminal Conduct of Narcotics Conducted by Children ]]>
<![CDATA[Heru Pramu Apriliyanto]]>;
<![CDATA[Achmad Sulchan]]>
<![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.3.1.52-60
<![CDATA[The aim of this research is To know and analyze application of diversion to offenders of narcotics crimes committed by children in law enforcement construction at the Cirebon City Police Drug Research Unit. To find out and analyze what factors are the obstacles application of diversion to offenders of narcotics crimes committed by children in law enforcement construction at the Cirebon City Police Drug Research Unit and the solution. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research interviews with investigators at the Cirebon City Police Drug Research Unit. The results of this study are Application of Diversion Against Perpetrators of Narcotics Offenses Committed by Children in Law Enforcement ConstructionIn the Drug Research Unit of the Cirebon City Police, namely: a) Diversion is carried out by the investigator with the perpetrator/victim and/or his family, community counselors, and involving community leaders. Diversion is carried out by deliberation or mediation which results in a diversion agreement. b) After the Investigator issues the Investigation Termination Order, the Minutes, Diversion Agreement and the Decision of the Head of the District Court are copied to the Public Prosecutor as the basis for the Public Prosecutor to return the SPDP, so that the case becomes inkracht.Barriers: a) Legal Substance Factors b) Legal culture factors c) Community Factors d) Law Enforcement Factors e) RPK Facilities and Infrastructure Factors. Solutions: a) Develop a work plan and maximize the performance of each investigator in handling child cases. b) Establishing Intensive Communication with other Law Enforcement Officials. c) Holding Diversion Socialization among the Community d) Making an Agreement on Supervision of the Implementation of the Diversion Agreement Results. e) Optimizing facilities and infrastructure.]]>
