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 Analysis of Legal Evidence Case on Criminal Employment through Electronic Systems ]]>
<![CDATA[Somaerin Saputra]]>;
<![CDATA[Anis Mashdurohatun]]>;
<![CDATA[Latifah Hanim]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.33-41
<![CDATA[The purpose of this study is to find out and analyze legal evidence related to criminal acts of embezzlement through an electronic system. To find out and analyze the basis of judges' considerations in making decisions on criminal acts of embezzlement through an electronic system. The method used by the researcher is empirical juridical approach and the specifications in this study include descriptive analysis. As for the sources and types of data in this study, secondary data were obtained from literature studies. Data analyzed qualitatively. Based on the results of the study that Legal Evidence Regarding the Crime of Embezzlement Through Electronic Systems that the power of proving electronic evidence in criminal procedural law, the strength of all evidence is essentially the same, no one exceeds the other. Evidence in criminal procedural law does not recognize hierarchy. It's just that there are provisions that require the connection between one evidence and another. Therefore, in criminal procedural law there is complementary evidence.]]>
<![CDATA[The Criminal Law Policy Regarding the Death Penalty in Renewing of Indonesian Criminal Law ]]>
<![CDATA[Yudi Alvisahrin]]>;
<![CDATA[Eko Soponyono]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.170-181
<![CDATA[This study aims to examine in depth the criminal law policy regarding the death penalty in the renewal of Indonesian criminal law. This research was expected to contribute ideas in the realm of literature in the field of Islamic law as well as input for observers and law enforcers to determine policies related to the death penalty law. To achieve this goal, this research was conducted by observing events or facts deemed relevant to the research, by collecting primary data and secondary data through a juridical-normative approach with qualitative analysis methods. The study with this theme can be concluded that the choice or stipulation of the death penalty as a means to tackle crime is essentially a policy choice. The concept of the draft Criminal Code issues the death penalty from the main criminal system and lists it as a special principal crime or as an exception (special) punishment. These laws are made to maintain the balance of human life in order to create harmony and order.]]>
<![CDATA[The Criminal Law Enforcement on the Criminal Act of Employment ]]>
<![CDATA[Arigonnanta Bagus Wicaksono]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.124-132
<![CDATA[The aims of this research are: To find out and analyze the law enforcement of the crime of embezzlement in office. To find out and analyze the factors causing the occurrence of criminal acts of embezzlement in office. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study. The method of data collection is obtained from literature study, then analyzed qualitatively. The result of this research is that the law enforcement of the crime of embezzlement in office is carried out through a penal approach, namely by means of legal remedies. Legal efforts with the penal route focus on repressive actions, namely eradication and crackdown actions to overcome the problem of criminal acts of embezzlement. Legal policies in the effort to enforce criminal law against criminal acts of embezzlement are included in social policies, namely policies or rational efforts in order to achieve public welfare. ]]>
<![CDATA[The Existence of Criminal Law Products in Dynamics Law Enforcement to Counter the Gambling Crime ]]>
<![CDATA[Edi Santoso]]>;
<![CDATA[Sri Kusriyah]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.263-271
<![CDATA[The purpose of this study is to examine and analyze the form of existence of criminal law products that are applicable in law enforcement of gambling crimes. This research used a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it is concluded that the application of criminal sanctions against perpetrators of gambling crimes is related to the problem of applying the types of crimes and the length of punishment imposed on the perpetrators of the crime. In practice, the application of minimum criminal sanctions that have been imposed and the judge's decision (convict) still applies to the Criminal Code as the main system. Although Act No. 7 of 1974 concerning Gambling Control has been issued, it does not mean that the provisions in the Criminal Code will be set aside. This is because the laws and regulations do not make regulations or provisions that are specific or deviate from the Criminal Code. Although laws and regulations may make rules that deviate or are special from the main system (KUHP), it is still possible as long as the formulation policy includes guidelines for punishment. This provision is very necessary for the operationalization of the legislation. The Criminal Code (WvS) stipulates a fixed general minimum of one day and this is only contained in the explanation of the Article which contains it separately in accordance with the criminal threat.]]>
<![CDATA[The Law Enforcement in Judges' Decisions based on Progressive Law ]]>
<![CDATA[Eko Hartoyo]]>;
<![CDATA[Widayati Widayati]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.83-91
<![CDATA[This study aims to identify and examine law enforcement in judges' decisions based on progressive law. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data obtained through literature study, which was then analyzed qualitatively. Based on the research, it is concluded that law enforcement in fair judge decisions is based on progressive law, namely in making decisions, judges adhere to their conscience. Progressive law is very important to be presented as a philosophical and theoretical basis for judges in handling cases in court. Judges have the freedom of logic to find and create laws that are in accordance with the community's sense of justice, because the law is for humans, not the other way around. The discovery of law in the context of making decisions, is not merely legalistic, does not only fulfill legal formalities or just maintains order, has a vision of foresight (visionary) who has the moral courage to make legal breakthroughs, and takes sides and is sensitive to fate and the state of the nation and state.]]>
<![CDATA[An Overview of Omnibus Law from Point of Establishing Legal System in Indonesia ]]>
<![CDATA[Faisal Afda'u]]>;
<![CDATA[Siti Ummu Adillah]]>;
<![CDATA[Latifah Hanim]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[The purpose of this research to get a clear answer study review of omnibus law from the point of view of the formation of the legal system of legislation in Indonesia and the research approach method used is normative juridical by reviewing legal principles and analyzing existing laws and regulations and reviewing the formation of laws and regulations namely Act No. 12 of 2011 amended by Act No. 15 of 2019 with the omnibus law. Based on the research it can be concluded that the establishment of omnibus law if viewed from the perspective of the formation of legislation, the position of the omnibus law in the hierarchy is the same as the law regulated in Article 7 paragraph 1 of Act No. 12 of 2011 concerning the formation of legislation. In theory, the position of omnibus law has not been regulated, but rational legitimacy can be found in the system of forming legislation in Indonesia. The position of omnibus law can be based on Act No. 12 of 2011 which has been amended by Act No. 15 of 2019 concerning the system for the formation of legislation and the process of forming legislation on academic texts and the draft omnibus law draft is in accordance with the formation of legislation, namely Act No. 12 of 2011 was amended by Act No. 15 of 2019. This law is a substantive requirement and a technical requirement in the formation of laws and regulations in Indonesia. The consequence of implementing the omnibus law is that the existing law is still valid, except for some articles (legal material) that have been replaced or declared invalid and the existing law is no longer enforced. ]]>
<![CDATA[Law Enforcement Against Criminal Acts with A Restorative Justice Approach in Case of Charity Box Theft ]]>
<![CDATA[Pardi Pardi]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.42-50
<![CDATA[The purpose of this study was to determine and analyze law enforcement against child crimes with a restorative justice approach in the case of theft of charity boxes. To find out and analyze the application of restorative justice in cases of theft of charity boxes. This study uses an empirical juridical approach, with descriptive analysis research specifications. The data used in this study is secondary data which is then analyzed qualitatively. The results of this study are Law Enforcement Against Child Crime with a Restorative Justice Approach in the Charity Box Theft case that in the application of restorative justice, it is always carried out for children who are perpetrators of criminal acts. In some cases, the restorative justice efforts can obtain an agreement by each party, so that the case is not continued to the prosecution level. The application of restorative justice is only for minor crimes, with a mediation process by deliberation. Application of Restorative justice in the Charity Box Theft Case carried out based on consensus deliberation between the victims, perpetrators, and community leaders, where the parties are asked to compromise to reach an agreement. Each individual is asked to give in and put the interests of the community above personal interests in order to maintain mutual harmony. The concept of deliberation has proven to be effective in resolving disputes in society amidst the failure of the role of the state and courts in providing justice. With the application of restorative justice, the case stops until the investigation stage or is not forwarded to court.]]>
<![CDATA[The Law Enforcement on Crime of Motorcycle Theft ]]>
<![CDATA[Hamdani Marsiawan]]>;
<![CDATA[Sri Endah Wahyuningsih]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[The purpose of this research is to discuss the problems: How to Enforce the Criminal Act of Motorcycle Theft and How to Efforts to Combat the Crime of Motorcycle Theft. In this research, the method used was an empirical juridical approach. The conclusion of this study is the Law Enforcement of the Crime of Motorcycle Theft. Criminal was arrested, detained in the detention center by investigators then extended by the Public Prosecutor, so that having read the Decree of the Head of the District Court regarding the Appointment of the Panel of Judges, assembly. The judge determines the day of the trial, examines the case file, other relevant documents, hears the statements of the witnesses and the defendant's statements and pays attention to the evidence submitted at trial, then hears the reading of the criminal charges submitted by the public prosecutor. Efforts to Combat the Crime of Motorcycle Theft by carrying out preventive efforts, namely efforts that are still at the level of prevention before an act occurs by conducting socialization or counseling to the community in order to increase public legal awareness. Provide information to the public in the event of a motorcycle theft crime to immediately report it to the authorities. Repressive efforts when a crime has occurred by taking action against the perpetrators of the crime in accordance with the actions committed. In connection with the prosecution process that has been carried out by the perpetrators, the police have taken legal action in the form of arrests, detentions and the process of delegating cases to court. If the perpetrator is proven guilty, the judge will give a sentence in accordance with the demands of the Public Prosecutor or based on the consideration of the Deliberation of the Panel of Judges to be brought to the Correctional Institution to serve his criminal period.]]>
<![CDATA[Application of Double Track System Model Against Applicants of Narcotics Abus ]]>
<![CDATA[Tony Andri Dwi Ermawan]]>;
<![CDATA[Ira Alia Maerani]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.133-141
<![CDATA[The purpose of this study is to find out and analyze the implementation of the implementation of the double track system model against narcotics abusers. To find out and analyze the obstacles and solutions to implementing the double track system model for narcotics abusers. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study was secondary data obtained through literature study which was then analyzed qualitatively. The results of this study were the application of the double track system model of law against perpetrators of narcotics abuse in the form of applying the law to serve a sentence in prison, while the sanctions for actions given to narcotics addicts as victims are in the form of treatment and/or treatment organized in the form of rehabilitation facilities. The implementation system is that the period of treatment and/or treatment is counted as a period of serving a sentence. Barriers to the Implementation of the Double Track System Model on Narcotics Abuse Perpetrators are the existence of different rules that can be applied to the same act, namely narcotics abuse; inadequate infrastructure; rehabilitation institutions for narcotics abuse and narcotics victims are still very limited.]]>
<![CDATA[The Application of Principle of Mistake as Legal Liability on the Criminal Theft ]]>
<![CDATA[Muhammad Heriyansyah]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.92-98
<![CDATA[This study aims to determine the application of the principle of error as legal responsibility for the crime of theft in the Tanjungpinang District Court Decision. By using a normative juridical approach that is descriptive analytical. The results of the study showed that the application of the principle of guilt as absolute liability in criminal law as the basis for imposing a crime, the defendant was proven unlawfully against the law in violating the material elements of Article 363 paragraph (1) 3 and 4 of the Criminal Code. So the form of error committed by the defendant if qualified is intentional. Deliberately can mean deliberately to do something and deliberately not to do something that should be done.]]>
