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 Settlement of Criminal Actions of Traffic Accidents with Child Performers ]]>
<![CDATA[Yheni Dwi Sukmawati]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Achmad Sulchan]]>
<![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.4.3.423-430
<![CDATA[The objectives of this research are: To study and analyze the application of criminal sanctions against children who commit traffic violations.The approach method used in this study is a normative juridical approachand and the specifications in this study include: analytical descriptive. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that the application of criminal sanctions against children who commit traffic violations must consider all matters concerning the child, such as the child's condition, family circumstances, environmental conditions, as well as reports from local community institutions. And for sanctions can be subject to criminal sanctions and action sanctions. The application itself must be distinguished from the application of sanctions against adults. Criminal sanctions to be imposed on children must be based on truth, justice, and the welfare of the child. The imposition of a crime or action is an action that must be accountable and beneficial to the child. The judge must consider the condition of the child, the condition of the house, the state of the environment as well as the report from the community advisor.]]>
<![CDATA[The Implementation of Restorative Justice Approach through Restorative Justice Handling in Criminal Acts of Fraud & Embedding ]]>
<![CDATA[Risqi Akbar]]>;
<![CDATA[Sri Kusriyah]]>;
<![CDATA[Achmad Sulchan]]>
<![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.4.3.381-388
<![CDATA[The objectives of this study are as follows: To find out and analyze the application of case settlement through a restorative justice approach in handling fraud and embezzlement crimes. The method used by the researcher is juridical sociological approach. The specifications in this study are descriptive. The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study that the application of case resolution through a restorative justice approach in handling the crime of fraud and embezzlement is carried out through a mechanism of several stages so that the action is truly an effort to enforce the law by prioritizing the principle of restorative justice. The application of this principle is a breakthrough in law enforcement, so that it can speed up the settlement of cases, the costs incurred are relatively cheaper and indirectly have an impact on improving the performance of investigators.]]>
<![CDATA[The Implementation of Diversion in Handling of Criminal Actions Performed by Child ]]>
<![CDATA[Anak Agung Putra Dwipayana]]>;
<![CDATA[Jawade Hafidz]]>;
<![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.4.2.339-346
<![CDATA[The purpose of this study was to obtain and find out information data about the implementation of diversion in handling criminal acts committed by children. The method used by the researcher was legal approach normative juridical and the specifications in this study were descriptive. The sources and types of data in this study are secondary data obtained from literature studies which were analyzed qualitatively. Based on the results of the study that implementation of diversion in handling criminal acts committed by children carried out by investigators, especially at the investigation stage, namely investigators have carried out law enforcement properly by receiving and serving every report or complaint given by the community and perpetrators by always fulfilling the rights of victims and suspects in order to provide a sense of justice for both the suspect and the victim. The obstacles include legal regulations and their handling procedures that do not support criminal acts committed by children with mental disorders. Law enforcers, in this case child investigators, are still lacking both in terms of the number of investigators and the level of knowledge of investigators in handling child crimes. There is no Temporary Child Placement Institution (LPAS) as mandated in Act No. 11 of 2012. The effort is to carry out the stages of the investigation in accordance with the SOP accompanied by asking for advice and input from prosecutors and experts. Request an increase in the number of personnel and carry out training and vocational education for personnel as well as carry out sharing and brainstorming with the Prosecutor's Office. Coordinate with the Social Service to facilitate child offenders who do not have parents or a place to live.]]>
<![CDATA[The Juridical Analysis in Viewing the Position of Reported Revocation of Complaints A General Criminal One Party by the Reporter in Investigation Process ]]>
<![CDATA[Pudjiyanto Pudjiyanto]]>;
<![CDATA[Arpangi Arpangi]]>;
<![CDATA[Peni Rinda Listyawati]]>
<![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.4.3.470-479
<![CDATA[This study aims to determine and analyze the legal impact of the unilateral revocation of general crime reports by the reporter at the Semarang Police Station. To find out and analyze the obstacles faced and solutions to unilaterally revocation of reports of general crimes by the reporter at the Semarang Police Station. The research approach method used is legal research analytical descriptive. Based on the research it can be concluded that with the boundaries of the legal field being blurred, it often makes people, most of whom do not understand the law in the criminal and civil spheres, so that all problems are reported or reported to the police. These societal dynamics often result in the revocation of police complaints that are increasingly high in the community as a result of which the issue of legal certainty in the legal process becomes a new boomerang in Indonesia.]]>
<![CDATA[The Forfeiture of the Convict's Assets Obtained from the Corruption Crime ]]>
<![CDATA[Yoga Ristamana]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[R. Sugiharto Sugiharto]]>
<![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 practice of corruption in Indonesia occurs in almost every layer of the bureaucracy, both legislative, executive and judicial, and has even become entrenched and has also spread to the business world, making it very difficult to change it. That uncovering criminal acts of corruption, finding the perpetrators and placing the perpetrators of criminal acts in prison has not been effective in reducing the level of corruption crimes, especially if it is not accompanied by efforts to confiscate and confiscate the proceeds of corruption. This study was conducted to determine the implementation of the seizure of assets convicts of corruption in the criminal act of corruption Jiwasraya. This study uses an empirical juridical approach with descriptive analytical research specifications, types and sources of data, namely primary data by conducting interviews and secondary data by conducting library research. The results of the study indicate to determine the implementation of the seizure of assets convicts of corruption in the criminal act of corruption Jiwasraya. The inhibiting factor is that many goods resulting from corruption have been transferred to other parties as well as legal constraints, while efforts to overcome them are that clear rules are needed to carry out the seizure of assets belonging to the Jiwasraya corruption convicts, and cooperation with related parties is needed to facilitate the implementation of asset confiscation convicted of corruption.]]>
<![CDATA[The Law Enforcement against Criminal Acts of Violence by Children ]]>
<![CDATA[Muhammad Zubaidi]]>;
<![CDATA[Sri Kusriyah]]>;
<![CDATA[Peni Rinda Listyawati]]>
<![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.4.3.431-438
<![CDATA[The purpose of this study is to determine and analyze law enforcement against perpetrators of criminal acts of violence by children. To find out and analyze legal protection for perpetrators of criminal acts of violence by children. To find out and analyze the barriers to law enforcement against perpetrators of criminal acts of violence by children and efforts to overcome them. The method used by the researcher is a sociological juridical approach to law and the specifications in this study are descriptive. As for the sources and types of secondary data obtained from the literature study. Data analyzed qualitatively. Based on the results of the study that the law enforcement against perpetrators of criminal acts of violence by children have been carried out optimally. Law enforcement against suspects who have committed crimes of child abuse, where the perpetrators have been detained by Police Investigators since the report of abuse was given by the victim to the investigator, and for further investigation the perpetrators are detained by investigators. Legal Protection for Perpetrators of Criminal Acts of Violence by Children is being able to be responsible by serving sentences in accordance with applicable regulations, which in this case are articles 351, 353, 354 and 355 of the Criminal Code. The provisions contained in the article above are articles aimed at anyone who commits a violent crime, more specifically, which results in the death of a person. Obstacle: Victim died, Minor Actors, Suspect Easily to Escape. Efforts to overcome it are dby imposing criminal sanctions. The application of crime to criminals is expected to provide prevention to other people and the general public from committing crimes.]]>
<![CDATA[The implementing the Role of the Police in Preventing Gambling Crimes ]]>
<![CDATA[Beny Fajar Sanjaya]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Aryani Witasari]]>
<![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.4.3.389-395
<![CDATA[The objectives to be achieved in this study are to find out the factors causing the rampant gambling in the Kudus region, to determine the implementation of the role of the Kudus Resort Police in preventing gambling crimes and to find out what obstacles and solutions are in implementing the role of the Kudus Resort Police in preventing gambling crimes? The research method used in this study is a juridical-sociological approach. The data analysis method used in this study is qualitative analysis, which is a way of analyzing research results that produces analytical descriptive data. The conclusions in this study are the factors that cause the rampant gambling in the Kudus area: They, especially the small and poor people, feel uncertain about the future, and are not sure that with reasonable business results they can get balanced results They feel they do not get protection and The role of the Police in Combating Gambling in Kudus is extraordinary, so that the Kudus Polres can be said as one of the Polres that consistently eradicates Gambling indiscriminately. Kudus Police and Efforts: Obstacles originating from the community/outside the police. Obstacles that come from within the police.]]>
<![CDATA[The Law Enforcement Policy On Traffic Accident By Police ]]>
<![CDATA[Cahyo Dwi Prakosa]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Achmad Sulchan]]>
<![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.4.3.347-354
<![CDATA[The purpose of this research is to find out and analyze the law enforcement against traffic accidents by the police in the jurisdiction of the Batang Resort Police. To know and analyze the factors that hinder the settlement of traffic accident casesin the jurisdiction of the Batang Resort Police. To know and analyze the law enforcement policies by the police to handle traffic accidents in the jurisdiction of the Batang Resort Police. This study uses a sociological juridical approach, with a descriptive analytical research specification. The data used in this study are secondary data obtained from literature study. The data were analyzed in a qualitative juridical manner. The results of this study are Law Enforcement Against Traffic Accidents by the Police is law enforcement can be done penal and non-penal. Law enforcement efforts through the penal route focus more on the repressive nature (oppression/eradication/suppression) after the crime has occurred, while the non-penal route focuses more on the preventive nature (enforcement/deterrence/control) before the crime occurs. Basically law enforcement is the implementation of criminal policy (criminal policy) by using criminal policies carried out through the mechanism of the criminal justice system (criminal justice system).The factors that hinder the settlement of traffic accident cases are: Summoning or Presenting a Witness and Factors Lack of Legal Knowledge. Policies for Law Enforcement by the Police for Handling Traffic Accidents are by conducting blue patrols at violator-prone hours on the road, conducting cross patrols, socialization (security, safety, traffic order to road users), and installing banners at traffic accident-prone points.]]>
<![CDATA[The Criminal Policy in Efforts to Overcome Crimes Perpetrated by the Indonesian National Army ]]>
<![CDATA[Yulianto Timang]]>;
<![CDATA[Widayati Widayati]]>;
<![CDATA[Nanang Sri Darmadi]]>
<![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.4.3.480-494
<![CDATA[This study aims to find out and analyze and seek answers to criminal policies in an effort to tackle crimes committed by the Indonesian National Armed Forces and to find out and analyze and seek answers to policies for regulating criminal law enforcement against TNI soldiers in the future. The results and discussion of the research show that Criminal Policy in Efforts to Overcome Crimes Committed by the Indonesian National Armed Forces is subject towetboek van Militair Strafrecht (WvMs)/Stb.1934 Number 167 in conjunction with UURI Number 39 of 1947, which was translated into the Military Criminal Code (KUHPM). Its enforcement is the same as in law in Indonesia, if the Criminal Procedure Code is a material criminal law, then Act No. 6 of 1950 in conjunction with Act No. 1 Drt of 1958 concerning Military Criminal Procedure Code which was later revised and set forth in Chapter IV of Article 264 of the Law. Law on Military Courts, while Act No. 31 of 1997 applies as a formal criminal law, and the realization of the revision of Act No. 31 of 1997 concerning Military Courts. Criminal Law Enforcement Against Indonesian National Army Soldiers in the Future.]]>
<![CDATA[The Implementation of Rehabilitation Based on the Court's Decision against Narcotics Abuse ]]>
<![CDATA[Yasozisokhi Zebua]]>;
<![CDATA[Widayati Widayati]]>;
<![CDATA[Nanang Sri Darmadi]]>
<![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 determine and explain the implementation of rehabilitation as a legal consequence of court decisions against narcotics abuse according to Act No. 35 of 2009 concerning Narcotics. The approach method used in this research is normative juridical. The specification of this research is descriptive analytical. The implementation of rehabilitation for narcotics abusers according to Act No. 35 of 2009 concerning Narcotics, namely in the case that the abuser can be proven or proven as a victim of narcotics abuse, the abuser is obliged to undergo medical rehabilitation and social rehabilitation. Social Rehabilitation is a process of integrated recovery activities, both physically, mentally and socially, so that former narcotic addicts can return to carrying out their social functions in community life. While Medical Rehabilitation is a process of integrated treatment activities to free addicts from narcotics dependence.]]>
