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Law Development Journal

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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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Criminal Responsibility towards Criminals of Abortion in Indonesia Zahri Aeniwati; Sri Kusriyah
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

This study aims to determine and describe the criminal liability of perpetrators of abortion in Indonesia. This research is a doctrinal legal research, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this research show that criminal liability for perpetrators of abortion in Indonesia based on the Criminal Code is regulated in Book Two of Chapter XIV on Crimes of Decency, especially Article 299, and Chapter XIX Articles 346-Articles 349 which are classified as crimes against life. The prohibition on abortion in the Criminal Code is contained in Article 299, Article 346, Article 347, Article 348, and Article 349, which clearly regulates the prohibition of having an abortion for any reason, including abortion for emergency reasons (forced). The provisions for regulating abortion in Act No 36 of 2009 are set forth in Article 75, Article 76, Article 77, and Article 194. Even though, the law prohibits the practice of abortion, in certain circumstances there is a possibility. Abortion practices that are contrary to statutory regulations are regulated in Article 194 of Act No 36 Of 2009, with a maximum imprisonment of 10 years and a maximum fine of IDR 1,000,000,000.00 (one billion rupiah).

Role of Judges in Handling Criminal Procedures for Children through Diversion of Justice Agra Sulchantifa Ulul Amri; Akhmad Khisni
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

This study aims to answer the problem: What is the role of the judge in handling cases of juvenile crime through fair diversion? How can the handling of criminal acts through fair diversion have an impact in the future? The research method used is sociological juridical. This research yields the result that judges play a role in handling criminal cases through diversion because the parties can be brought together by the judge for settlement by deliberation, consensus without going through a judicial process, so that through the path of peace. Because diversion upholds the values of Pancasila, especially the 2nd and 5th principles, humanity, social justice and dignified justice can be realized, namely humanizing humans, the protection of children from stigma, labeling, mental and moral reform can be overcome. In addition, it is very necessary to carry out guidance and strict supervision of children in their daily interactions so that the child does not commit another criminal act.

The Role Of Prosecutors In Handling Eradication Of Corruption Crime Agustinus Dian Leo Putra; Gunarto Gunarto
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is to examine and analyze the role of the Prosecutor's Office in handling criminal acts of corruption judicially. In this paper the author uses a normative juridical method. Based on the research, it can be concluded that the duties and functions of the prosecutor as an investigator of criminal acts of corruption are in accordance with the provisions of Article 284 paragraph (2) of the Criminal Procedure Code, the Prosecutor is still authorized to carry out investigations of special crimes in this case corruption. Eradication of corruption is to rely on the consistent treatment of Law on the eradication of corruption. 20 of 2001 concerning amendments to Act No. 31 of 1999 concerning the eradication of corruption. The prosecutor as an investigator concurrently serves as a public prosecutor in handling corruption crimes. Exceptions based on Article 284 paragraph (2) of the Criminal Procedure Code. The Criminal Procedure Code has relinquished the investigative authority from the prosecutor's office, and has been fully assigned to the police

Legal Protection Of Welfare Teacher Assistant Garden Children Kusti'ah Kusti'ah
Law Development Journal Vol 1, No 2 (2019): December 2019
Publisher : Universitas Islam Sultan Agung

The problems that arise in this research are: 1. What is the Realization of Legal Protection for Kindergarten Assistance Teachers' Welfare in Demak Regency, 2. What Barriers Arise in Protecting the Rights of Kindergarten Assistance Teachers in Demak Regency, 3 How is the Kindergarten Assistance Teacher Contract Completion after the employment contract ends.The method used in this research is qualitative descriptive with the research location in Demak Regency. Data sources use primary and secondary data. Respondents in this study were drawn by means of "purposive sampling". Data collection techniques by interview, observation and documentation. Data analysis uses inductive thinking with a flow analysis model which is divided into three main components. To determine the final result, an interactive analysis model is used.The results of the discussion and analysis of this study indicate that the Decree of the Minister of Education No. 034 / U / 2003 Regarding Assisted Teachers, it does not explicitly provide legal protection for the welfare of Kindergarten Assistance Teachers. Barriers that arise in protecting the rights of Assistance Teachers are the absence of the relevance of regulations applicable to Kindergarten Assistance Teachers. The completion of the Assistance Teacher contract agreement after the work contract ends, a Contract Agreement (SPK) is signed once a year until the age of 60 years, if evaluated it still meets the formal requirements. The implementation of legal protection for the welfare of Kindergarten Assistance Teachers has not been as expected.Keywords: Legal Protection, Assistance Teacher Welfare,

The Process Of Complexing The Criminal Action Of Planning Murder Performed By Police Investigators Andi Mohamad Akbar Mekuo; Amin Purnawan
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

The police is a figure and protector of the community who at the same time as law enforcement officers have committed a crime that is burdensome and disturbing to the community, namely eliminating a person's life through a planning process that contains elements of violating Article 340 of the Criminal Code for his actions that are declared no longer fit to carry out the police profession in accordance with the Decree. National Police Chief KEP/23VII/2003 concerning the Code of Ethics for the Republic of Indonesia Police. The objectives of the problem in this study are 1) To examine and analyze the settlement of criminal acts committed by unscrupulous members of the Police? 2) To examine and analyze the strategies that need to be taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police? The research approach method used is normative juridical. Sources of data used are secondary data and primary data, secondary data in this study refers to the literature and primary data refers to facts in the field and the results of interviews. The results of the study: 1) Settlement of violations of the police professional code of ethics that resulted in a criminal act will be processed first in a disciplinary hearing due to a dead line or time limit for the implementation of a disciplinary hearing, which is a maximum of 30 (thirty) days as in Article 19 of the Decree of the National Police Chief No. Pol Kep/44/IX/2004. After the implementation of the disciplinary hearing is completed, a trial will be held in the scope of the general court in accordance with Article 2 of PP NO. 3 of 2003 concerning the Implementation of Technical Institutional General Courts for Members of the Indonesian Police,

The Criminal Law Enforcement Policy in Online Prostitution Treatment Harjanto Mukti Eko Utomo; Umar Ma'ruf
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The purpose of this research to find out and analyze criminal law enforcement policies in efforts to tackle online prostitution at the Central Java Regional Police Ditkrimsus, obstacles in criminal law enforcement policies in efforts to tackle online prostitution at the Ditkrimsus of Central Java Police and criminal law enforcement policies that should be implemented to tackle online prostitution in the Indonesian Police. The approach method used is juridical normative and juridical socio-logical method, the specifications in the research are descriptive analytical, population and sampling methods are all objects or all symptoms or all events or all units to be studied, data collection techniques use literature study and interviews, data analysis used is qualitative. Problems are analyzed using Progressive Law Theory, Law Enforcement Theory and Effectiveness Theory. Criminal law enforcement policies in efforts to tackle online prostitution at the Central Java Regional Police Ditkrimsus are in accordance with existing regulations. Obstacles in criminal law enforcement policies in efforts to tackle online prostitution at the Central Java Regional Police Ditkrimsus and solutions to overcome these obstacles. According to the author, do research by interviewing members of the Central Java Police that Barriers to law enforcement against online prostitution in the Central Java Regional Police are as follows: Community legal awareness is not optimal, there are limitations in facilities and infrastructure and very few cases have reached trial. Efforts made to overcome obstacles in law enforcement against online prostitution in the jurisdiction of the Central Java Regional Police include building partnerships with the wider community, improving facilities and facilities and for members should be given special training related to investigations into acts, online prostitution crime

The Effectiveness Of Criminal Eradication On Hoax Information And Fake News Hernawan Dewatana; Siti Ummu Adillah
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

The rise of hoax informations/ fake news circulating can have a negative impact on the development of the Indonesian state. Hoaxes can cause debates to the point where it is not impossible to break friendships. Moreover, the hoax that contains SARA which is very vulnerable to invite friction between communities, disturbs the stability of the country and diversity. This study aims to determine the effectiveness of law enforcement in cases of spreading false information. The research method is sociological juridical. The basic regulations for the spread of fake news or hoaxes have been regulated in Act No. 11 of 2008 which has been changed to Act No. 19 of 2016 articles 28 paragraphs 1 and 2. It can be charged with other related articles, namely articles 310, 311, 378 and 390 of the Criminal Code. With the rapid development of today's technology, the more diverse and many new crimes committed through electronic media, in this case the spread of fake news (Hoax) which is currently rife. The current regulations related to fake news have regulated not only the creators of the fake news who are given criminal sanctions but also for the perpetrators who participate in sharing (forwarding) the fake news.

Law Enforcement against Pedicap which is Modified into "Bentor" Ryke Rhimadhila; Bambang Tri Bawono
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The aim of this study To find out and analyze the causes of the many pedicabs being modified into motorized pedicabs in the jurisdiction of the Semarang Police, law enforcement of Act No. 22 of 2009 concerning Road Traffic and Transportation against bumps in the jurisdiction of the Semarang Police, obstacles and solutions in overcoming pedicab law enforcement modified in the jurisdiction of the Semarang Police. The approach method used is juridical normative and juridical sosilogis, the specifications in this research are descriptive analysis, population and sampling methods, data collection techniques using literature study and interviews, data analysis used is qualitative. The research problem is analyzed by law enforcement theory and law effectiveness theory. The number of Bentors as urban transportation shows an increase, this is due to the increasing need for transportation facilities and also transportation service areas that cannot be served by other transportation facilities, because of the difficulty of finding work, many unemployment. Law enforcement against Bentor violations in the jurisdiction of the Unit Polrestabes Semarang refers to Article: 277 of Act No. 22 of 2009. Law enforcement of Act No. 22 of 2009 concerning Highway Traffic and Transportation regarding the prohibition of driving motorized pedicabs has several obstacles, namely the law enforcement factor. The second is the factor of facilities or facilities, namely in the case of confiscation of vehicles where the Police cannot secure large numbers of bumps because the facilities used to transport the bumps are insufficient, the number of Bentors in Semarang. The last factor is the low level of public awareness of the enactment of Act No. 22 of 2009, besides that the community also does not understand the consequences that will be received if they still use Bentor. The solution in overcoming obstacles is by coordinating the Semarang Police with the Semarang City Transportation Agency in enforcing the motorized pedicab law in the city of Semarang as follows: Unity of action, communication, division of labor and strengthening through law.

Pro-Contra Of Marriage Age Restriction In Maqashid Syari’ah Perspective Rifki Julian Wiranda; Akhmad Khisni
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Efforts to prevent marriages that are considered underage are stated in the revision of the Marriage Law (UUP) in Act No. 16 of 2019 which equates the marriage age limit for men and women to nineteen years. The purpose of the research in this article is to find out how to limit the age of marriage and the suitability of the principle of benefit of the revision of the UUP in the review of Maqashid Syari’ah. The method used in this study is a normative juridical approach and empirical data as a complement. The results showed that the practice of marriage which was considered underage occurred because the community believed that a child who entered the age of puberty should be immediately married, because it was feared that it would cause widespread damage, such as masturbation, adultery or in other forms, namely phone sex.

Judges Considerations of Criminal Acts Conducted By Adult against Children Siska Septiyanti; Achmad Sulchan
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Children are one of the assets of national development, which should be considered and taken into account in terms of quality and their future. Without reliable quality and a clear future for children, national development and the fate of the nation will be difficult to imagine. Children, as heirs and holders of the fate of the nation, also determine the pace of the national development process in all fields. The formulation of the problem is 1) How is the Law on Judicial Power in making considerations? 2) How to overcome the obstacles and solutions given by the Judge in giving consideration to the crime of decency committed by adult men against children? The method used is juridical normative. The results of this study are: (1) The judges' consideration of decency crimes committed by adult men against minors in the decision of the Temanggung District Court Number: 53/Pid.Sus/2019/PN TMG has paid attention to the basis for judging, the basis for deciding, and values who live in society, then have considered juridical considerations. (2) Overcoming obstacles and solutions given by judges in giving consideration to crimes of decency committed by adult men against children.

Page 18 of 42 | Total Record : 414

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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

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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