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[Mechanisms of Investigation Criminal Planning Involving Children as Performer ]]>
<![CDATA[Andrian Subarjo]]>;
<![CDATA[Umar Ma'ruf]]>
<![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.3.1.162-168
<![CDATA[The objectives of this research are as follows: To identify and analyze the process of resolving the crime of premeditated murder which involves a child as the perpetrator. To find out and analyze legal considerations by the police in law enforcement against the crime of accidental murder involving a child as the perpetrator. The research method used is research that combines juridical and empirical. Based on the results of this study, the process of resolving premeditated murder involving children as perpetrators is required for the settlement of cases of juvenile crime as regulated in Article 7 paragraph (1) of Act No. 11 of 2012 concerning the Juvenile Criminal Justice System.]]>
<![CDATA[The Legal Protection Against Children Who Did Criminal Actions Through Diversion ]]>
<![CDATA[Masngud Afandi]]>;
<![CDATA[Gunarto Gunarto]]>
<![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.3.2.283-289
<![CDATA[The purpose of this study is to examine and analyze the legal protection of children who commit crimes through diversion in terms of the juvenile criminal justice system. This study uses a normative juridical approach. Based on the research, it is concluded that children dealing with the law are considered as legal subjects who are not yet competent and cannot understand what they are doing. Investigation of children's cases is carried out by investigators determined by the Decree of the Head of the State Police of the Republic of Indonesia or other officials appointed by the Head of the State Police of the Republic of Indonesia. On the other hand, if the Diversion process fails, the Investigator is obliged to continue the investigation and delegate the case to the Public Prosecutor by attaching the diversion report and the community research report. Arrested children must be deposited in LPKS. The cost for each child placed in LPKS is charged to the budget of the ministry that carries out government affairs in the social sector.]]>
<![CDATA[Implementation of Hajj with Bailout Funds with the Al Qardh Agreement ]]>
<![CDATA[Subkhi Subkhi]]>
<![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.2.1.11-19
<![CDATA[This study seeks to answer the question of whether it is permissible for someone to register Hajj with bailout funds from a financial institution so that the Hajj can be carried out while the body is still healthy, as well as what factors benefit both parties and are there any difficulties faced by both of them (Bank and service users). This study used a sociological juridical approach. The type of research used was descriptive research, data collection using library documentation methods, observation and interviews. The data analysis used a qualitative descriptive method.This issue has been answered by the MUI National Sharia Council with fatwa number 29 / DSN-MUI / 2002 regarding the financing of Hajj services by the Islamic financial institution. On that basis, many prospective pilgrims have registered through the haj bailout service of Islamic financial institutions. The form of Hajj bailout services is not a commercial transaction that prioritizes profit as the motivation, but is a service of virtue with the aim of helping people who need help.Key words: hajj; Hajj bailout fund; al qardh wal ijarah; virtue]]>
<![CDATA[The Law Enforcement Against The Crime Of Illegal Mining ]]>
<![CDATA[Keris Aji Wibisono]]>;
<![CDATA[Umar Ma'ruf]]>
<![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.3.2.424-430
<![CDATA[This study aims to determine law enforcement against the criminal act of illegal mining in the jurisdiction of the Central Kalimantan Regional Police and the obstacles that arise in law enforcement of the criminal act of illegal mining in the jurisdiction of the Central Kalimantan Regional Police 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 of the study indicate that law enforcement for the criminal act of illegal mining in the jurisdiction of the Central Kalimantan Regional Police is carried out through preventive and repressive efforts. Repressive efforts are carried out with outreach activities to the community at the Polres and Polsek levels, while repressive efforts through a series of investigative actions. There are several obstacles in the law enforcement process, namely the presence of irresponsible individuals, limited facilities and infrastructure and a lack of legal awareness from the community.]]>
<![CDATA[Preventive Efforts On Criminal Violence Of Women ]]>
<![CDATA[Mohamad Sugiyarto]]>;
<![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.2.3.257-264
<![CDATA[The objectives of this study were (1) to find out and analyze why there was a criminal act of violence against women in Pati Regency, (2) To identify and analyze efforts to overcome criminal acts of violence against women in Pati Regency, (3) To identify and analyze the obstacles what are the obstacles) in law enforcement for criminal acts of violence against women in Pati District and what are the solutions. The method used in this research is empirical juridical research. Sources and data types use primary data and secondary data. The data collection process was carried out by observing techniques, interviews, documentation, and literature, while the analysis method used was qualitative analysis. The research problem is analyzed by using Human Rights Theory and Law Enforcement Theory.In the effort to overcome and prevent perpetrators of domestic violence, it must be supported by increasing legal awareness of the community. Public legal awareness is a part of legal culture. This is said to be one part, because so far there is a perception that the legal culture only includes the legal awareness of the community. In essence, there are several approaches that can be taken to deal with domestic violence, namely through a preventive approach, a curative approach and a medical approach.]]>
<![CDATA[The Law Enforcement On Phornographic Cases ]]>
<![CDATA[Nanda Setya Laksana]]>;
<![CDATA[Achmad Sulchan]]>
<![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.3.3.555-563
<![CDATA[This study aims to determine the form of law enforcement against pornography in the investigation process as well as to find out the obstacles faced and provide solutions in overcoming the crime of pornography according to Act No. 44 of 2008, and also to find out the judges' considerations in deciding criminal cases of pornography in the Jepara District Court with case number 138/Pid.B/2018/PN.Jpa, and to find out the law enforcement of pornography crimes based on Act No. 44 of 2008 concerning pornography. This research was carried out at the Jepara District Court. To achieve the objectives of the study, the researchers used data collection methods: interview methods, library methods, and data analysis methods related to the discussion being studied. The conclusion of this research isBased on the facts revealed at the trial, the defendant has been proven to have fulfilled all the elements of the article and in the trial there were no things that could abolish the crime, both justifying reasons and excuses, while for the philosophical and sociological aspects, what was considered by the Panel of Judges was because The defendant's actions violated the norms of decency in society. So that the sentence is very appropriate to be handed down to the defendant so that there is a sense of justice in the community.]]>
<![CDATA[Married Dispensation in Pressing Efforts of Divorce Numbers ]]>
<![CDATA[Abdul Mutalip]]>;
<![CDATA[Rozihan Rozihan]]>
<![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.2.3.279-286
<![CDATA[The purpose of this study is to determine the factors and judges' considerations that influence the application for the grant of dispensation of marriage, as well as the role of dispensation of marriage in an effort to reduce the divorce rate. The research method used is juridical-sociological, juridical, which discusses research using laws and regulations related to marriage dispensation. The sociological approach is used to find out and understand how the judge's consideration factors in granting a marriage dispensation request. From the results of the study concluded that the factors causing the submission of applications for dispensation of marriage include pregnancy outside of marriage, concerns of parents about their children, economic factors and educational factors. The basis for the judge's consideration in granting dispensation to marriage is that there is no prohibition on marriage, physical, mental, biological, sociological and financial maturity in a state of urgency (pregnancy out of wedlock) the desire/agreement of both parties. While efforts to dispensate marriage in an effort to reduce the divorce rate are not yet certain, it can actually increase the divorce rate due to the unstable mental and psychological stability of children in fostering a household.]]>
<![CDATA[The State Financial Recovery on Criminal Acts of Corruption through Approach to Criminal Claim ]]>
<![CDATA[Fidianto, Grahita]]>;
<![CDATA[Ma'ruf, Umar]]>;
<![CDATA[Witasari, Aryani]]>
<![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.3.4.683-692
<![CDATA[The purpose of this study is to find out and analyze the practice of imposing additional criminal charges in the form of payment of compensation, and how the concept of recovering state financial losses based on asset confiscation in the Corruption Crime Act. The method used in writing this law uses a normative juridical approach. The results of this study are that the practice of recovering state financial losses through additional criminal penalties in the form of payment of compensation is still limited to articles containing elements of state financial losses, while the level of success depends on the level of awareness or willingness of the convict to pay. The imposition of additional crimes in the form of confiscation of the convict's assets is not limited to corruption offenses with elements of state financial losses, and the success rate depends on the ability of the investigator to collect the convict's assets related to corruption, as well as the ability of the public prosecutor to prove the corruption-related property during the trial.]]>
<![CDATA[The Implementation of Criminal Sanctions on Criminal Acts of Narcotics ]]>
<![CDATA[Ristikowati, Mei]]>;
<![CDATA[Hanim, Lathifah]]>
<![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.3.4.790-798
<![CDATA[This study aims to examine and analyze the application of criminal sanctions against perpetrators of narcotics crimes and judges' considerations in the application of sanctions to perpetrators of narcotics crimes in the Batang District Court. The research method used is a Sociological Juridical Approach. Based on the results of the research on the application of criminal sanctions against perpetrators of narcotics crimes, starting from the indictment of the public prosecutor, who charged him with the Subsidarity charge, namely Article 114 paragraph (1), Article 112 (1) and Article 127 of Act No. 35 of 2009 concerning Narcotics. The basis for the examination in court is the Indictment of the Public Prosecutor, then the Panel of Judges conducts an examination of the indictment, in order to prove whether the Defendant has committed the crime as stated in the Article charged by the public prosecutor, whether the description of the defendant's actions is correct, which will be proven based on the applicable legislation. Considering the panel of judges in their decision, the panel of judges in their examination uses the theory of proof and punishment, where in the Aquo case the panel of judges will prove the elements contained in Article 114 paragraph (1), Article 112 (1) and Article 127 of Act No. 35 of 2009 concerning Narcotics as stated in the indictment of the public prosecutor, then examine the statements of witnesses, associated with the statements of the defendant and documentary evidence so that the facts of the trial will be obtained and evidence will be obtained which are mutually compatible and mutually reinforcing, from the results the research according to the authors of the panel of judges in court examinations has been based on the theory of evidence and the theory of punishment.]]>
<![CDATA[Integrated Law Enforcement in Handling of Local Election (Pemilukada) Criminal Actions in 2018/2019 ]]>
<![CDATA[Iwan Iwan]]>;
<![CDATA[Sri Kusriyah]]>
<![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.2.4.496-503
<![CDATA[The objectives of this research are: To find out and analyze integrated law enforcement in post-conflict local election 2018/2019 criminal cases. To find out and analyze the obstacles in the integrated law enforcement of the 2018/2019 post-conflict local election criminal acts and their solutions. The method used by researchers is juridical sociological approach to law and the specification in this research is including analytical descriptive. As for the sources and types of data in this study are primary data and secondary data obtained from literature studies. Based on the results of that research of Integrated Law Enforcement in Criminal Cases in the 2018/2019 Pemilukada is by the Police, Attorney General's Office and Panwaslu who are members of the Integrated Law Enforcement Center (Gakkumdu), by adjusting the criminal justice system as generally regulated in the KUHAP, including investigations by the Police, prosecution by Prosecutors and criminal decisions by the Court. The obstacle is due to the lack of criminal threats so that there are still many people who feel they are not deterred and want to take advantage of the existing situation without thinking about anything else, while in the law enforcement factor there is a lack of members or investigators who are truly competent in handling the case so that the investigation process a little constrained.]]>
