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 Enforcement of Criminal Laws of Hate Speech in Social Media ]]>
<![CDATA[Feri Vernando Situngkir]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.2.4.542-548
<![CDATA[The objectives of this study are as follows: To determine the law enforcement of hate speech crimes in social media. To find out the factors that hinder criminal law enforcement of hate speech in social media. This is to determine the efforts to overcome the obstacles to the enforcement of the hate speech criminal law. This study uses an empirical juridical approach, with descriptive analytical research specifications. The results of this study are law enforcement against hate speech offenders on social media starting from the first stage, namely the police. hate speech perpetrators then the next step is to the prosecutor's office, and the last stage of the trial. Penalties in the form of imprisonment and fines for hate speech offenders are expected to provide a deterrent effect on hate speech criminals on social media. Inhibiting factors, namely, Public Awareness Factors, Security Factors, Law Enforcement Factors. Efforts to overcome obstacles, namely Act No. 11 of 2008 which was later revised to Act No. 19 of 2016, the formation of a special division by the police that specifically handles cyber crime cases, the holding of a cyberpatrol to monitor activities on social media, and the establishment of a cyber agency. national to minimize the spread of negative content on social media, as well as the existence of government services to make it easier for the public to report cyber crime cases.]]>
<![CDATA[Comparative Analysis of Legal Winning Between Islamic Law & Traditional Law ]]>
<![CDATA[Muhammad Luthfi]]>;
<![CDATA[Lathifah Hanim]]>
<![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.3.1.61-70
<![CDATA[The purpose of this research is to find out about the application and things related to it, To know the views of Islamic law on marriage, and to find out the views of customary law in Kutuk Village, Undaan District, Kudus Regency about marriage. The research approach method used was sociological juridical. Writing specifications are descriptive analysis, sources and types of data used primary and secondary data. Data collection methods by interview, library research, and using qualitative data analysis methods. The conclusions of this study are: The marriage according to Islamic law is carried out very Islamic and really hopes for the pleasure of Allah SWT without being based on material. Meanwhile, the wedding according to customary law in Kutuk Village, Undaan Subdistrict, Kudus Regency is very close to the Kejawen area of Pati Regency and seems to smell of material existence. The material problem there really determines whether or not a proposal is accepted.]]>
<![CDATA[Criminal Investigation of Motorcycle Stealing Goods ]]>
<![CDATA[Yusril Ilza Amri]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.3.1.169-174
<![CDATA[This study aims to identify and analyze the factors that cause the increase in the number of criminal acts of arresting the results of motorcycle theft in the jurisdiction system of the Pati Regency Resort, as well as to identify and analyze the investigative actions carried out by the Pati Regency Police in the conception of law enforcement. This study uses a juridical empirical (sociological) approach. The results showed that there was an increase in criminal acts of detention of the results of motor vehicle theft in the jurisdiction of the Pati Police, including the desire to own a motorized vehicle, the economic condition of the perpetrator, the perpetrator's friendship, low legal knowledge, the intention to help the perpetrator of theft, persuade and lure profits, and in cooperation with many parties. Then the investigation carried out by the Pati Police on the criminal act of arresting a motor vehicle resulting from theft through 4 (four) stages, including: receipt of reports, summons, confiscation, and investigation. The obstacles faced by the Pati Resort Police included: the perpetrator moved from place to place, the perpetrator lost evidence, the lack of public participation, and the difficulty of proving it. Efforts made by the Pati Resort Police include 3 (three) attempts. Pre-emptive efforts are carried out by providing legal counseling to the public regarding criminal acts of theft and detention. Preventive measures are carried out by conducting raids and patrolling locations deemed prone to theft. The last resort.]]>
<![CDATA[The Criminal Law Enforcement Against Crime Of Carding In Electronic Transactions ]]>
<![CDATA[Cemban Galuh Sambodo]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![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.3.2.240-247
<![CDATA[The approach method used in this research is normative juridical. This study uses a normative juridical research method using a literature study approach (library research) and statutory approach (statute approach) which in this case is related to Criminal Law Enforcement against Crime of Carding in Electronic Transactions. The data used in this study consists of primary data, secondary data, and tertiary data which will then be analyzed qualitatively. The results of this study indicate that the enforcement of criminal law against the crime of carding as a crime that uses technology is one type of crime that is transnational in nature, it is necessary to have rules that have broad jurisdiction, or an agreement with other countries is needed to be able to arrest and punish the perpetrators criminal acts in the jurisdiction of the State that has an international agreement with Indonesia and, law enforcement officers, adequate human resources are required, so the law enforcement officers can maximum to handle the criminal on the carding in electronical transactions.]]>
<![CDATA[Legal Aspects of Regional Government Strategies in Overcoming Unemployment, Problems and Solutions ]]>
<![CDATA[Titik Budiyanti]]>
<![CDATA[ Law Development Journal Vol 1, No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.1.2.79-89
<![CDATA[The problems discussed in this study are "the legal aspects of local government strategies in overcoming unemployment, problems and solutions in Demak Regency". In order to discuss this problem, the approach method used is a normative juridical approach, which examines the law that is conceptualized as a norm or rule that applies in society. Sources of data in this study are secondary data sources obtained from primary, secondary and tertiary legal materials.From the results of the research and discussion, it was concluded that: the legal aspects of the regional government strategy in tackling unemployment in Demak Regency by establishing policies of the Demak Regency Government in attracting investors/ investors, developing employment opportunities, implementing rural productive labor intensive, implementing labor placements, carry out job training and local government policies in collaboration with companies and non-governmental organizations. Meanwhile, the problems faced by the Regional Government in Tackling Unemployment in Demak Regency are (1) high unemployment. The solution is to implement an employment opportunity expansion program, the implementation of rural productive labor-intensive activities, training and placement of workers (AKL, AKAD / transmigration and AKAN);Keywords : Unemployment; Regional government; Policy; work training]]>
<![CDATA[Implementation Of Disclosure Of Bank Confidentiality In The Effort To Eradicate Money Laundering Crime ]]>
<![CDATA[Mohammad Fadarisman]]>;
<![CDATA[Bambang Tri Bawono]]>
<![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.3.2.390-398
<![CDATA[The purpose of this research is to identify and analyze the implementation of bank secrecy disclosure in an effort to eradicate money laundering in the construction of legal certainty and to know and analyze the obstacles faced in the implementation of bank secrecy disclosure in an effort to eradicate money laundering. ) in the perspective of law enforcement. This study uses a sociological juridical approach, which in this case relates to the role of the State Attorney in recovering state financial losses with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of expediency. The results of the study conclude that the eradication of money laundering in Indonesia will not be effective against law enforcers, both the police, prosecutors, and judges who investigate, prosecute, and examine cases of money laundering crimes, but the bank secrecy provisions as referred to in the Banking Law. Meanwhile, the obstacles faced by law enforcement officers in conducting investigations and investigations of money laundering practices are: 1) Weak provisions for bank secrecy, 2) Bank Indonesia secrecy with exceptions that are limitative and bureaucratic are considered as obstacles, 3) Law Enforcement Officials cannot know fully accurate financial information stored in the bank belonging to the suspect or defendant,]]>
<![CDATA[Functionalization Of Corruption Laws In Criminal Judgment Rules ]]>
<![CDATA[Amir Akbar Nurul Qomar]]>;
<![CDATA[Amin Purnawan]]>
<![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.2.2.121-128
<![CDATA[The purpose of this research is to review and analyze the functionalization of the Corruption Law in the decisions of criminal justice judges. The research method used is Sociological juridical method with descriptive research specifications. The data used for this research are primary and secondary data taken by field observation, interview, and literature study methods. The conclusion from the results of the research is that the decision of the Semarang District Court Number 25 / Pid.Sus-TPK / 2019 / PN Smg provides an overview of the judicial process which is at the court stage as a form of functionalization of the Corruption Law which spells out the flow of the trial in cases of criminal corruption collectively by a Head of District in Wonogiri Regency. In the decision taking into account the provisions of Article 12 letter e of Act No. 31 of 1999 in conjunction with Act No. 20 of 2001 concerning Eradication of Corruption.]]>
<![CDATA[Criminal Law Policy In Law Enforcement Of Sim-Swab Crime ]]>
<![CDATA[Dwi Margono]]>;
<![CDATA[Jawade Hafidz]]>
<![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.3.3.521-529
<![CDATA[This study aims to examine and analyze criminal law policies in law enforcement of SIM-Swab crimes, obstacles and legal consequences as well as solutions in law enforcement of SIM-Swab crimes. The research method and approach method used in solving the problem is empirical juridical, namely by reviewing the applicable legal provisions and what is happening in reality in society. The results showed that emergence and development of SIM-Swab crimes has a complex background, not only due to unplanned and well-organized economic development, but also other socio-political factors. Therefore, without being supported by policies in other development fields such as social, economic and political fields, the use of criminal law as a means of overcoming SIM-Swab crimes has very limited capabilities. To optimize the function of criminal law in this effort, it is necessary to integrate social policies and criminal politics as well as integration between the use of penal and non-penal means. The enforcement of criminal law against SIM-Swab crimes has not been maximized and the crimes continue to grow. This is inseparable from the various obstacles faced. First, related to the characteristics of SIM-Swab crimes that are difficult to detect. Second, theoretically, criminal law juridical itself provides limitations in law enforcement and there are still various problems, both regarding the substance of the law, law enforcers, conflicts of interest in society, supporting facilities and legal culture in the banking community. So it is necessary to have a number of policies to correct the various deficiencies that exist.]]>
<![CDATA[Law Enforcement In The Judge's Verdict Against Narcotics Abuse For Yourself ]]>
<![CDATA[Puji Andrayani]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![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.2.2.232-240
<![CDATA[The crime of narcotics abuse is an extraordinary crime, because the impact is very detrimental not only to the user but also the community, so that every crime must be punished, and the law in this case Act No. 35 of 2009 must be upheld. This study aims to identify and describe law enforcement in the judge's decision on the crime of narcotics abusers for oneself from a justice perspective. This study uses a normative juridical approach to analysis descriptive. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this study are that law enforcement in the judge's decision on the crime of narcotics abusers for themselves in the perspective of justice is based on the judge's consideration in determining the severity or lightness of the punishment imposed on the defendant according to the principle of balance between guilt and illegal acts. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not.]]>
<![CDATA[Law Enforcement At Sea Hinders Sea Toll Program Towards Indonesia As A Global Maritime State ]]>
<![CDATA[Karolus Geleuk Sengadji]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Aryani Witasari]]>
<![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.3.3.657-665
<![CDATA[The purpose of this research is to identify and analyze obstacles to shipping activities and solutions for law enforcement at sea to support shipping activities/sea tolls programs. The specification of this research is descriptive analytical, and the approach to the problem is carried out in a normative juridical manner, to examine national and international laws and regulations in the shipping sector. The data used are secondary data from primary legal materials, secondary legal materials and tertiary legal materials, which are collected through literature study, and analyzed using qualitative analysis methods, and presented described descriptively. The results of the study indicate that the obstacles in shipping activities/sea tolls programs are the many law enforcement agencies at sea which have overlapping authority to stop and inspect ships at sea, so the best solution is to have an integrated security system under one civil institution to be effective and efficien to support the smooth running of the sea tolls program.]]>
