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[An Investigator's Discretion in State Assets Confiscation Criminal Action Case of Corruption ]]>
<![CDATA[Adi Wiratmoko]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.507-517
<![CDATA[This research aims to discuss the concept of investigators' discretionary power in applying their powers and authorities in confiscation of state assets and shifting the terms of discretion from Act No. 14 of 2014 concerning Government Administration to Act No. 11 of 2022 concerning Job Creation. This discussion aims to provide clarity on the concept of discretionary power of investigators in confiscation of state assets which is still controversial from various aspects so that the concept of discretionary power is not only acceptable in terms of power, but also legally and morally/ethically acceptable. This writing uses a doctrinal (juridical-normative) approach, namely research on criminal law norms contained in Indonesian criminal legislation. Based on the results of the study, it was concluded that in principle the application of the investigator's discretionary power to confiscate state assets in corruption cases is a must because the spirit of eradicating corruption is to restore lost state assets. This discretionary power must also be balanced with improving the quality and integrity of investigators, in particular.]]>
<![CDATA[The Capture Process in the Crime of Murder by A Special Team ]]>
<![CDATA[Eka Rinda Wanto]]>;
<![CDATA[Rakhmat Bowo Suharto]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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 aims of this paper are as follows: To find out and analyze the process of arrest in the crime of murder by a special team. To find out and analyze the obstacles and solutions in the arrest process in the crime of murder by a special team. This study uses a sociological juridical approach, with descriptive analysis research specifications. The data used in this study is secondary data obtained through literature study which is then analyzed qualitatively. The results of this study are the process of arresting in the crime of murder by a special team is: Arresting the perpetrator if the perpetrator is still within the reach of investigators to be arrested immediately. Closing the scene of the incident to anyone whose presence there is not required to save the victim, to save people's assets or for the purposes of investigation and investigation with the intention that the place of the incident of the case remains in its original state to facilitate the process of investigation and investigation. Finding, rescuing, collecting, and retrieving evidence and traces that can help investigators to obtain clues about the identity of the perpetrator, about the methods and tools used to commit the crime, as well as to determine where the crime scene occurred. Finding witnesses who are expected to help investigators to solve problems in the crime incident. The obstacle: Changes in the authenticity of the place that occurred at the scene of the case. Lack of experience of investigators in conducting investigations. The absence of completeness of equipment at the time of investigations. Investigators' efforts in overcoming the lack of completeness of tools to conduct investigations. Investigators' efforts to overcome the unavailability of a database on fingerprinting.]]>
<![CDATA[The Criminological Ideas in the Criminal Enforcement of Illegal Logging ]]>
<![CDATA[Dodyx Bremiardika]]>;
<![CDATA[Rakhmat Bowo Suharto]]>;
<![CDATA[R. Sugiharto Sugiharto]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.454-460
<![CDATA[The purpose of this paper is to examine and analyze the Criminology review of the factors that cause the occurrence of illegal logging crimes. In this paper, the author uses a normative juridical method. In the conclusion of the discussion that the factors of the occurrence of illegal logging in the perspective of criminology, namely first, the legal factor itself, the better a legal regulation, the more likely it is to enforce it. Both factors are law enforcement, law enforcement is strongly influenced by law enforcement officials. If a regulation is good but the quality and quantity of law enforcement apparatus is low, then the desired law will not be realized. Third, cultural factors play an important role in the occurrence of illegal logging. Illegal logging perpetrators commit these crimes because there are cultural demands that require them. Indonesia has hundreds of tribes and cultures in which the interior is very diverse. Fourth, Community factors can also affect law enforcement itself, because law enforcement comes from the community and aims to achieve peace in society. In this case what is important is the legal awareness of the community, the higher the legal awareness of the community, the better law enforcement.]]>
<![CDATA[The Analysis of Undercover Techniques by Involving in Narcotics Circulation Network ]]>
<![CDATA[Bondan Satrio Bawono]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>;
<![CDATA[Aryani Witasari]]>
<![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.4.2.279-289
<![CDATA[This study aims to find out and analyze how the undercover technique involves being involved in the narcotics distribution network to uncover cases at the Batang Police Resort. This study uses a sociological juridical approach and data collection through interviews, literature study and documentation. Based on the research, it was concluded that the Undercover technique by involving oneself in the narcotics distribution network to uncover cases at the Batang Police Resort was an attempt to enter into the narcotics distribution network and then lure the suspect in the operation target to leave by conducting narcotics transactions through the Undercover Buy technique or surrender. It was monitored and arrested before the transaction took place by ensuring that the suspected goods were in the possession of the suspect. The target of the technique is the elements of criminal acts as regulated in the Narcotics Law, such as the "whoever" element and the "controlling" element as well as the "circulating" element. The element of "whoever" is the target of the operation, in this case the suspect. The element of "control" means that it must be ensured that the alleged seller "controls" the narcotics goods. While the element of "circulating" is like selling narcotics. This technique was carried out because of the difficulty of uncovering the illicit trafficking of narcotics using a disconnected and neat system.]]>
<![CDATA[The Policy of the Prosecutor's Authority in Termination of Prosecutions based on Restorative Justice in Criminal Justice System In Indonesia ]]>
<![CDATA[Laksamana Bagas Dewandaru]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Latifah Hanim]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.403-415
<![CDATA[This study aims to determine the policy of the prosecutor's authority in terminating prosecution based on restorative justice in the criminal justice system, namely based on the principle of opportunity, namely the Prosecutor's Office is the only State Institution controlling cases or has the authority to continue or not file cases to the Court based on the provisions of the Act. This authority is implied in the form of the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The approach method used is normative juridical. Specifications are descriptive analytical. The type of data is secondary data, divided into legal materials derived from law and legal science. The method of data collection through literature study and interviews with the data analysis method is qualitative analysis. The Prosecutor's Law is included in attribution, namely the granting of government authority by lawmakers to government organs. In Islamic criminal theory, the authority to stop prosecution based on restorative justice is included as special prevention and according to the history of Islamic development, it is included in the rehabilitation of the criminal. In the research conducted by the researcher, it was found that there were obstacles in stopping prosecution based on restorative justice at the Banggai District Prosecutor's Office, namely based on the decree of the Banggai District Attorney Number B-748/P.2.11/Eoh.2/11/2021, namely the distance traveled by the parties involved. The case with the Banggai District Prosecutor's Office is quite far away, with the condition of the road infrastructure being unfavorable. The crime committed is domestic violence which makes it difficult for peaceful efforts to be carried out, so that the time allotted is very limited. If drawn from the theory of law enforcement, these obstacles are included in the legal culture and legal substance.]]>
<![CDATA[The Efforts to Implement Diversion to Realize Restorative Justice for Children in Conflict with the Law in the Juvenile Criminal Justice System ]]>
<![CDATA[Hendra Wahyudi]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[R. Sugiharto Sugiharto]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.373-380
<![CDATA[One form of legal protection for children is to realize the fulfillment of the rights and obligations of the child itself. Especially for children in conflict with the law, their problem solving process requires special attention. This study aims to analyze the application of diversion in restorative justice for children who are in conflict with the law in the juvenile criminal justice system. The type of research conducted is descriptive research with the type of normative legal research related to the application of diversion in restorative justice in the criminal justice system. The results showed that the application of diversion in restorative justice in the system of applying diversion to children in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and the victim or his family, but a form of punishment for children in conflict with the law in an informal way. The recommendation in this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions at court trials should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community.]]>
<![CDATA[Implementation of Judge Independence in the Process of Implementing Justice in Islamic Law Perspective ]]>
<![CDATA[Khairul Huda]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Achmad Arifullah]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.518-525
<![CDATA[This study aims to analyze and examine the implementation of the independence of judges in the process of administering justice in Indonesia and to understand and examine the implementation of the independence of judges in the administration of justice from an Islamic perspective. This study uses library research methods or library research that is "juridical-normative". The data sources used are secondary data, namely ethical standards as judges with "Islamic character". The data will be analyzed using descriptive analysis method and the theoretical basis used is the principles of qadhi in Islam and the code of ethics for the behavior of Indonesian judges. Based on the data analysis carried out, it is concluded that a judge should maintain his integrity, his honor who has morals and is a mandate from the Most Wise, namely ensuring the establishment of a sense of justice, guaranteeing legal certainty and seeking the benefit of legal values to all Indonesian people.]]>
<![CDATA[The Role of the Prosecutors in Implementing the Eradication of Corruption Crime ]]>
<![CDATA[Luhur Supriyohadi]]>;
<![CDATA[Sri Kusriyah]]>;
<![CDATA[Widayati Widayati]]>
<![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 study is to examine and analyze the role of the Prosecutor's Office in eradicating corruption. In this paper, the writer uses the normative juridical method with the specifications of analytical descriptive writing. The Prosecutor's Office has the authority to assess the results of investigations carried out by the police, on the other hand, the Prosecutor's Office is also authorized to carry out or stop prosecutions. Thus, it is no exaggeration to say that the Prosecutor's Office plays a very vital role in the criminal justice system. The Prosecutor's Office is the controller of the case process (dominus litis), and has a central position in law enforcement, because only the Prosecutor's Office can determine whether a case can be brought to court or not based on valid evidence according to the Criminal Procedure Code. The role of the Prosecutor's Office in eradicating criminal acts of corruption begins when the case has not been transferred to the Court until the implementation of the court's decision. However, in the case of corruption, the Prosecutor's Office has the authority to act as a public prosecutor as well as an investigator. The authority of the prosecutor as a special criminal investigator is regulated by Act No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia in Article 30 paragraph (1) letter d. In addition, in its role in eradicating corruption, the Prosecutor's Office continues to coordinate with the police and the Corruption Eradication Commission.]]>
<![CDATA[The Legal Protection for Children as Criminal Actors ]]>
<![CDATA[Robertus David Mahendra Saputra]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Denny Suwondo]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.461-469
<![CDATA[The purpose of this research is to analyze the legal protection of children as perpetrators of criminal acts, to analyze the obstacles in the legal protection of children as perpetrators of criminal acts, and to analyze solutions to obstacles in the legal protection of children as perpetrators of criminal acts. This research uses a normative juridical approach, with descriptive research methods that are analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study concluded that the form of legal protection given to children as perpetrators in criminal acts is in accordance with Act No. 11 of 2012 concerning Juvenile Justice and the Criminal Code, namely returning to parents (Article 45 of the Criminal Code), rehabilitation, detention processes (Article 32 of Act No. 11 of 2012). The obstacles faced are the psychological condition of the child who is still unstable, the origin of the perpetrator, and the time required to administer the judicial process, and the lack of cooperation and coordination between the perpetrator, the victim, and the Fathers. The solution that can be given is coordination between stakeholders in handling children in conflict with the law (ABH) must be more intense, it is necessary to involve the community and non-governmental organizations (NGOs) in prevention programs and after care programs for children in conflict with the law (ABH), encourage various parties to intensify case resolution using the principle of restorative justice by means of diversion]]>
<![CDATA[The Jurisdiction Analysis of Criminal Acts of Fraud & Embedding in the Buying of Fish ]]>
<![CDATA[Faiz Harinda Pratama]]>;
<![CDATA[Ira Alia Maerani]]>;
<![CDATA[Djunaedi Djunaedi]]>
<![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.4.2.290-297
<![CDATA[This study aims to identify and analyze the investigation of criminal acts of fraud and embezzlement in the sale and purchase of fish at the Batang Police Resort. The approach used is sociological juridical. Collecting data through interviews, literature studies and documentation studies. The study concluded that the investigation of criminal acts of fraud and embezzlement in the sale and purchase of fish at the Batang Police Resort was based on the Criminal Procedure Code, the National Police Chief Regulation Number 6 of 2019 and the Republic of Indonesia Police Circular Number: SE/8/VII/2018. In the investigation of the crime, the investigator seeks a peaceful settlement of the case through a restorative justice approach with a view to obtaining a fair settlement for both parties. On the one hand, the victim gets a recovery from the loss and on the other hand the suspect can be released from criminal prosecution.This study aims to identify and analyze the investigation of criminal acts of fraud and embezzlement in the sale and purchase of fish at the Batang Police Resort. The approach used is sociological juridical. Collecting data through interviews, literature studies and documentation studies. The study concluded that the investigation of criminal acts of fraud and embezzlement in the sale and purchase of fish at the Batang Police Resort was based on the Criminal Procedure Code, the National Police Chief Regulation Number 6 of 2019 and the Republic of Indonesia Police Circular Number: SE/8/VII/2018. In the investigation of the crime, the investigator seeks a peaceful settlement of the case through a restorative justice approach with a view to obtaining a fair settlement for both parties. On the one hand, the victim gets a recovery from the loss and on the other hand the suspect can be released from criminal prosecution.Keywords: Embezzlement; Fish; Fraud; Investigation; Transaction.]]>
