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Law Development Journal
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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Implementation Of The Diversion Policy On Child As A Criminal Based On Justice Value Nur Azizah; Ira Alia Maerani
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (560.907 KB) | DOI: 10.30659/ldj.3.3.604-612

Abstract

The purpose of this study is to examine and analyze the application of diversion policies against children as perpetrators of crimes that have not been fair, the obstacles in implementing diversion policies against children as perpetrators of crimes and the application of diversion policies against children as perpetrators of crimes based on the value of justice 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 and the theory of expediency. The results of the study concluded that the application of diversion in handling crimes committed by children at the Central Java Regional Police through a family deliberation process. The application has not been fair because all criminal cases of children have not all been carried out with diversion efforts. The obstacles encountered in the application of diversion in handling criminal acts by children at the Central Java Regional Police are: 1) Threats of criminal acts with sanctions of 7 years and over. 2) Problems Appear If Parents Are Community Leaders 3). The existence of intervention on the side of the victim. 4). Lack of Optimal Ability of Investigators in Implementing Diversion Policy.5). There is no common ground and agreement between the victim and the perpetrator. The solutions to the obstacles faced are: 1) The threat of imprisonment is reviewed. 2). If parents, community leaders must be cooperative. 3). Need to eliminate intervention from any party. 4). Optimization of investigator capabilities. 5). Efforts to mediate between the victim and the perpetrator. The application of the diversion policy in the future is that diversion must consistently be carried out in child crimes.
Judges Existencing In The Judicial Process Of Narcotics Criminal Actors Diyono Diyono; Amin Purnawan
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (558.492 KB) | DOI: 10.30659/ldj.2.3.323-330

Abstract

Aim in this study, namely to study and analyze the existence of judges in the trial of narcotics offenders? In this study the authors used a sociological juridical method with a descriptive analytical research specification. The data used for this research are primary and secondary data. Based on the results of the research with the conclusion that the existence of judges in the implementation of the narcotics crime court based on the analysis in case Number 70 / Pid.Sus / 2018 / PN Mgg, it is not wrong to be categorized as someone who thinks scientifically. As seen in the decision making, where the judge does not solely work to make and determine decisions by observing and completely applying abstract legal rules, but judges always see the problems faced in a broader context. Judging from the judge's consideration in seeing the case of the defendant Carolina Umarela by looking at things that were burdensome.
The Juridical Analysis of Criminal Responsibility Performer on Children Aris Munandar Pamungkas; Umar Ma'ruf; Bambang Tri Bawono
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.1-8

Abstract

The purpose of this study was to identify and analyze the factors that influence the occurrence of criminal acts of sexual abuse against children. To find out and analyze the criminal responsibility of perpetrators of sexual abuse against children. The method used by the researcher is empirical juridical approach and the specifications in this study were descriptive. The sources of data in this study were secondary data obtained from literature studies and the processing of the researched data was then analyzed qualitatively, namely the analysis of the data to produce data that was systematically arranged based on the laws and regulations, the opinions of experts and the results of the author's research. Based on the results of the study that Factors Affecting the Occurrence of the Crime of Child Abuse as follows: Environmental Factors, Cultural Factors, Economic Factors and Educational Factors.Criminal Liability of Perpetrators of Obscenity Against Children is prosecute perpetrators with criminal sanctions for perpetrators of sexual abuse of children according to the Criminal Code (KUHP), namely article 289. And with criminal sanctions for perpetrators of sexual abuse of minors according to Act No. 23 of 2002 concerning Child Protection, namely article 82.
The Termination of Middle Criminal Prosecutions based on Restorative Justice Darma Rejekinta Sembiring; Sri Kusriyah; Peni Rinda Listyawati
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.142-153

Abstract

The purpose of this study was to find out and analyze how the form and policy of stopping the prosecution of minor crimes through a restorative justice approach and the obstacles faced in implementing the policy of stopping the prosecution of minor crimes through a restorative justice approach. This study used an empirical legal method by relying on primary data sources. Prosecutor's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is a breakthrough made by the prosecutor's office to answer legal problems that exist in society, so that punishments that have been considered by the public no longer provide a sense of justice are lost and public trust in the prosecutor's office as part of the public prosecutor's office. Based on the results of the study, it was concluded that of the 80 cases whose prosecution was terminated based on restorative justice referred to above, one of them was carried out by the Demak District Attorney. Although in the implementation of diversion there are obstacles in the form of peace efforts carried out by the Public Prosecutor from the Demak District Prosecutor's Office, the Suspects and Victims have not received a response, but after involving community leaders as mandated in this Perja, peace can be carried out so that a policy is taken to stop the prosecution of the case outside court (before the case is transferred to the Court).
Handling Domestic Violence Through Mediation Out of Court Muhammad Mahson; Sri Kusriyah; Rakhmat Bowo Suharto
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.99-107

Abstract

This study was structured to determine the settlement of cases of domestic violence in the city of Pekalongan. This aims to determine the approach to mediation outside the court in the settlement of domestic violence as an alternative. It also analyzes the obstacles in solving cases and their solutions. Method The approach in this study is a qualitative research that produces descriptive data in the form of written or spoken words from people and observable behavior. The specification of this research is descriptive qualitative which analyzes and presents facts systematically to determine the psychological condition of women and children victims of domestic violence. This study concludes that domestic violence in the city of Pekalongan is more experienced by women who are a wife, while the perpetrators are dominated by men who are husbands. Settlement according to state law regulated in the Law on the Elimination of Domestic Violence, it is necessary to find an alternative solution. The settlement through out-of-court mediation with the Pekalongan City Women, Children and Youth Protection Institute (LP PAR) as a companion is an alternative solution as an effort to restore good name, and dignity, especially for women as victims.
Analysis of Legal Protection Measures on Children’s Rape Victims through Child Criminal Judicial Mechanism Mohamad Andi Rochman; Aryani Witasari; Peni Rinda Listyawati
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.239-246

Abstract

The purpose of this study is to examine, identify and analyze the concept of the fulfillment of the rights of victims of protection in the judicial process of criminal acts of child molestation progressively. The approach method used in this research is sociological juridical. The specification of this research is descriptive analytical. Article 90 of the Juvenile Justice System Law concerning children who are victims of criminal acts of obscenity have the right to rehabilitation (Recovery to physical and mental and social medical, both inside and outside the Witness and Victim protection institution), Provision of Compensation (Restitution), and Providing compensation. In the process of investigating and prosecuting children's cases, in conducting an investigation of children's cases, investigators are required to ask for considerations or suggestions from community advisors. The process of examining children, apart from the absence of official attributes used in the trial, the difference between adult and child trials is the closed trial system. The examination process at the trial court, the judge in examining the child's case in the children's trial is declared closed to the public except for the reading of the verdict. The concept of the fulfillment of victim protection rights in the judicial process of child obscene crimes can be concluded progressively, namely first, Cross Examinitation. Second, the principle of fast, simple and low cost justice (systematic resocialization of the offender).
Effectiveness and Problems of Implementation of Assistance for Witnesses Novita Irma Yulistyani; Umar Ma'ruf; Aryani Witasari
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.61-68

Abstract

Proof of a crime, the evidence that must be met is at least 2 pieces of evidence. Evidence that must be submitted in proving a crime is evidence in the form of witness statements. Witness testimony will determine whether a crime can be proven or not before the trial. Considering the importance of witness testimony in proving a crime, it should be balanced with legal protection for witnesses, one of which is by providing assistance in the form of medical assistance, psychosocial rehabilitation and/or psychological rehabilitation. This study aims to answer the problems, namely: first, why is assistance needed for witnesses? second, has the implementation of providing assistance for witnesses been effective? Third, what are the problems faced in providing assistance for witnesses and what are the solutions? The research method uses sociological juridical with a legal research approach using secondary data as initial data, which is then followed by primary data in the field or on the community. Primary data was obtained by obtaining directly from the field through unstructured interviews, secondary data obtained through library research consisting of primary legal materials and secondary legal materials. Qualitative data analysis emphasized the analysis on the process of deductive and inductive inference as well as on the dynamics of the relationship between phenomena that observed using scientific logic. The research problems were analyzed using the theory of legal protection, the theory of legal effectiveness and the theory of justice. The results of the research and discussion of this study can be concluded that the reasons for the need for assistance for witnesses are because witnesses are very decisive evidence in the process of proving criminal cases, witnesses must be free and safe in giving testimony and many witnesses need medical assistance, psychological rehabilitation and/or or psychosocial rehabilitation. Regarding the effectiveness of assistance for witnesses, currently it has not been effective. This is due to the legal factors themselves, law enforcement factors and community factors. This is because there are problems from the lack of knowledge by law enforcement officers, the absence of rules that bind law enforcers, the absence of synergy between law enforcement agencies and the lack of socialization to the public regarding the assistance for witnesses.
The Implementation of Code of Conduct for Members of Police as Accurators of Murder Julizar Bimo Perdana Suka; Bambang Tri Bawono; Andri Winjaya Laksana
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

Abstract

The police are figures and protectors of the community and also 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 unfit to carry out the police profession in accordance with the Decree National Police Chief KEP/23VII/2003 concerning the Code of Ethics for the Indonesian National Police. The purpose of the study 1) To find out and examine the application of the code of ethics for members of the Police 2) To find out and analyze the strategies taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police. This research method was sociological juridical which a legal research using secondary data as initial data, which was then followed by primary data in the field. The results of this study conclude that: 1) The application of the Code of Ethics for members of the Police that results 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 Decree of the National Police Chief No. Pol Kep/44/IX/2004. After the implementation of the disciplinary hearing, a trial will be held within 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 National Police. 2) The strategy that needs to be taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police is that the Police are able to create familial conditions in providing services to the community and are more responsive.
The Authority of Police in Implementation of Restorative Justice in Framework of Enforcement of Criminal Actions in Indonesia Arif Khoirul Umam; Sri Endah Wahyuningsih; Achmad Sulchan
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.9-18

Abstract

This study aims to identify and examine the authority of the Police in the application of restorative justice in the context of law enforcement of criminal acts in Indonesia. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data, which was then analyzed qualitatively. Based on the research, it is concluded that the authority of the Police in the application of restorative justice in the context of law enforcement of criminal acts in Indonesia is based on the provisions of Article 16 paragraph (1) letter l, Article 16 paragraph (2) and Article 18 of Act No. 2 of 2002 which is known as Police discretionary terms. Based on this authority, the Police may act on the basis of their own discretion and judgment in carrying out the functions of the Police. To ensure uniformity in the implementation of restorative justice within the Police, the Republic of Indonesia National Police (Polri) Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice was issued. The handling of criminal acts based on restorative justice by the Police based on Police Regulation Number 8 of 2021 must meet general and special requirements. The general requirements apply to the activities of carrying out the criminal investigation, investigation, or investigation functions, while the special requirements only apply to criminal acts based on restorative justice in investigative or investigative activities. Besides that,
The Implementation of Child Violence Law which Caused the Fatal Death Teguh Ariawan; Siti Rodhiyah Dwi Istinah; Denny Suwondo
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.154-161

Abstract

The purpose of this study is to determine and analyze the application of the law on child abuse that causes death with child perpetrators. The approach method used in this research is sociological juridical, emphasizing research that aims to obtain legal knowledge empirically by going directly to the object. Violence committed by minors resulting in the loss of a person's life must be enforced by law in accordance with its handling. The disappearance of life for the purpose of a crime, whether intentional or unintentional, cannot be justified by law. Law enforcement is a form of effort in creating justice for perpetrators and victims. The results of the study did not find anything that could eliminate criminal liability, either as a justification or excuse for forgiveness, so the child must be held accountable for his actions by being sentenced to imprisonment for 3 (three) years and 6 (six) months at the Child Special Guidance Institution (LPKA). Class I Kutoarjo.

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