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 Investigation Process of Children Suspects in Narcotics Crime in National Anti Narcotics Agency (BNN) ]]>
<![CDATA[Ageng Fajar Wicaksono]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>;
<![CDATA[Andi Aina Ilmih]]>
<![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.4.3.439-445
<![CDATA[The purpose of this study is to find out and analyze the process of investigating child suspects in narcotics crimes in National Anti Narcotics Agency (BNN) and to find out and analyze the obstacles in the process of investigating child suspects in narcotics crimes in National Anti Narcotics Agency (BNN) and its solutions. The approach method used in this research is a sociological juridical approach. The sociological juridical approach is identifying and conceptualizing law as a real and functional social institution in a real life system. The sources and types of data in this study are secondary data. The method of data collection was obtained from a literature study. The data were analyzed descriptively analytically. The results of this study are the process of investigating child suspects in narcotics crimes at the National Anti Narcotics Agency (BNN) of Central Java Province are: Investigations into narcotics crimes include investigations, arrests, detentions, searches, confiscations. Investigations conducted by the Central Java Provincial BNN are in accordance with the Criminal Procedure Code and Act No. 35 of 2009 concerning Narcotics. Obstacles in the Investigation of Child Suspects in Narcotics Crimes at the National Anti Narcotics Agency (BNN) and the Solutions is time consuming compared to investigations in adult cases, investigators hope that the parties who participate in assisting the investigation process are expected to cooperate cooperatively, the lack of public awareness to report so that the police are expected to provide counseling to the public about narcotics crimes, the lack of the role of the family environment, as a parents should play an active role in taking care of their children by following the development of information or counseling if any, whether organized by the National Anti Narcotics Agency, investigators, doctors. Because parents play an important role in the socialization process of children. Therefore, parents must devote attention to educating their children so that these children get the right pattern of social life.]]>
<![CDATA[The Investigation of Prostitution Service Providers through Social Media Information and Electronic Transactions ]]>
<![CDATA[Hermawan Hermawan]]>;
<![CDATA[Widayati Widayati]]>;
<![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.4.3.396-402
<![CDATA[The purpose of this research is to study and obstacles analysis and solutions in the process of investigating prostitution service providers through information media and electronic transactions. The specification of this research is the normative juridical method. The results of this study indicate that the investigation process carried out by the Cirebon City Resort Police in tackling the crime of online prostitution, investigators carried out several internal stages, including through the investigation process by disguise and trapping the perpetrators. And the obstacles experienced by the Cirebon City Police in the investigation process include collecting sufficient evidence and determining suspects. This is because there are no special rules regarding the investigation of online prostitution, so that investigators conduct undercover investigations as stipulated in the National Police Chief Regulation Number 6 of 2019 concerning Criminal Investigations, then the diversity of laws governing online prostitution, perpetrators falsify real identity, and unprofessional human resources in dealing with cases related to cybercrime. And the solution is the government should implementing truly the Act No. 11 of 2008 concerning Information and Electronic Transactions jo Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions, Act No. 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons, and Act No. 23 of 2002 concerning Child Protection.]]>
<![CDATA[The Legal Protection of Victims on Criminal Acts of Agreement in Criminal Jurisdiction Process ]]>
<![CDATA[Novitasari Novitasari]]>;
<![CDATA[Sri Endah Wanyuningsih]]>;
<![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.4.3.355-363
<![CDATA[The purpose of this study is to examine and analyze the legal protection of victims of sexual intercourse in the criminal justice process against residents who experience mild mental retardation. The approach method used is empirical juridical lemphasizes obtaining legal knowledge empirically by going directly to the object with the theory of intentionality and will towards the problem under study. The results of the study that the application of legal protection for victims of the crime of sexual intercourse in the criminal justice process for victims of crime, especially victims of mild mental retardation/intellectual disability, to get protection in the form of granting victims' rights. The existence of compensation in the form of compensation, restitution and rehabilitation provided by the perpetrator to the victim considering the impact caused by the perpetrator's actions, physical, social, and psychological impacts. Although the defendant was sentenced to imprisonment for 7 (seven) years and 6 (six) months. The sentence handed down to the perpetrator is not commensurate with the suffering experienced by the victim.]]>
<![CDATA[A Criminological Study against Sexual Violence Performed by Normal Men against Women with Disabilities ]]>
<![CDATA[Nor Samsyudin]]>;
<![CDATA[Latifah Hanim]]>;
<![CDATA[Andri Wijaya Laksana]]>
<![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.4.3.495-506
<![CDATA[This writing aims to examine the criminology of criminal acts of sexual violence perpetrated by normal men on women with disabilities and the countermeasures made by the Jepara Resort Police to tackle these crimes. This research is included in the type of empirical juridical research. Based on the results of the study, it can be concluded that the object of criminology studies includes three things: criminal acts, perpetrators of criminal acts, and public reactions to both. Furthermore, the object of the study was analyzed using criminological theories. Sexual violence was analyzed using differential association theory. The perpetrators of the crime of sexual violence must have committed a crime because of the factors that caused the crime. After knowing these factors, it was studied using the theory of Social Anomalies. Public reaction to criminal acts and perpetrators of sexual violence. First, the community around the perpetrator provides labeling, or social punishment given to the perpetrator. Second, on the other hand, there are still some people who know about this form of crime and care about the existence of the crime of Sexual Violence by creating forums or becoming activists. This community reaction analysis uses Social interactionist theory.]]>
<![CDATA[The Notary Protocol File Managerial ]]>
<![CDATA[Theodorus Kevin Purinsyah Putra]]>;
<![CDATA[Nany Pudjianti Suwigjo]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.1-13
<![CDATA[The Regional Supervisory Council (MPD) of Semarang Regency acts as a supervisor for the performance of all Notary Offices in Semarang Regency in implementing the spearhead of the Notary Supervisory Council (MPN). The managerial implementation of Notary protocol files in Semarang Regency in Act No. 30 of 2004 on Notary Positions is not regulated in detail so that in its implementation it is left to the policies of each Notary Office. This study aims to determine and analyze the managerial implementation of Notary protocol files at the Semarang Regency Notary Office and the implementation of managerial supervision of Notary protocol files by the Semarang Regency MPD. The research method used in this research is empirical juridical using primary and secondary data. The results of this study indicate that the managerial implementation of the Notary protocol file is carried out based on Articles 8, 12 and 15 paragraph (1) of Act No. 30 of 2004. Supervision from the MPD of Semarang Regency is carried out 2 times a year and has carried out digitization of protocol files through Link and SILANDU.]]>
<![CDATA[The General Elections in Indonesia as the Application of the Concept of People's Sovereignty ]]>
<![CDATA[Arifani, Devina]]>
<![CDATA[ Law Development Journal Vol 4, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.4.526-543
<![CDATA[This paper aims to provide a brief explanation regarding the holding of general elections in Indonesia as a democratic party as well as a manifestation of people's sovereignty. This paper is a qualitative research using the library study method, namely by collecting reference materials from written sources, such as textbooks, dictates, newspapers, and laws. Then analyzed and reduced to get a conclusion. The conclusion of this study is the division of the types of modern democracy, currently the Republic of Indonesia is in the stage of democracy with direct supervision by the people. Supervision by the people in this case, is manifested in a democratic election administration. The drafting of laws on elections, political parties, as well as the composition and position of the new legislative body has made it easier for our society to start studying democracy.]]>
<![CDATA[The Legal Protection of Commercial Marks Based on the First to File Principle in Act No. 20 of 2016 ]]>
<![CDATA[Adrian Winata]]>;
<![CDATA[Budi Santoso]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.81-90
<![CDATA[In this day and age, business competition is very tight, therefore, to support increased sales in a business field, a brand is needed. Brands are very influential on the sale of a product, the more well-known a brand is, the easier the brand can be absorbed by the public. Many companies engaged in the cosmetics sector are competing to raise their trademark names so that they are better known among the public, but the more intense business competition in the cosmetic sector, the more legal issues and individuals who want to find opportunities to imitate other trademarks that already well-known so that their products are quickly remembered and known by the public. This case often occurs in the field of Intellectual Property Rights or IPR, especially in the field of Brands, as in the case of MS Glow and PS Glow. The mark itself has been protected in Act No. 20 of 2016 concerning marks and geographical indications. The first to file principle is applied in this trademark law to prevent parties from wanting to take advantage of the existing big brands. How the Trademark Law protects the MS Glow Brand from the owner of the legal brand so that it is not copied by others attracts the attention of the author to discuss this matter.]]>
<![CDATA[The Analysis of Labor Law Arrangements against Women Workers ]]>
<![CDATA[Audrine Gandhis Arsita Dini]]>;
<![CDATA[Nabitatus Sa'adah]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.14-29
<![CDATA[This article aims to identify and analyze labor law arrangements for women workers (Case Study of PT KEM). PT Kelian Equatorial Mining (KEM) is engaged in mining and metals. PT Kelian Equatorial Mining (KEM) has been established in Indonesia since 1992 located in West Kutai Regency, East Kalimantan Province. PT KEM obtained a Contract of Work from the government in 1985, then began mining for gold in 1992 and closed production in 2005 due to running out of mining products. This legal research uses a normative method which is carried out by means of literature study on secondary data. The results of this study indicate that there are several sources of law, both national and international, that protect women workers, including Act No. 13 of 2003 concerning Manpower. However, it is undeniable that violence, discrimination and sexual harassment against women in the workplace continue to occur. The government, law enforcers and companies need to pay attention to how to enforce the laws governing women workers, and make it easier to access reports of incidents related to violations of their rights at companies. In this way, the rights of women workers will be protected from any actions that harm them in relation to the work they do at the company.]]>
<![CDATA[The Shura Concept of Government in the View of Islam and Democracy ]]>
<![CDATA[Yakin, Nur'l]]>;
<![CDATA[Victoria, Ong Argo]]>
<![CDATA[ Law Development Journal Vol 4, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.4.544-554
<![CDATA[This paper aims to briefly describe shura and will culminate in explaining the differences between shura and democracy which are products of secularism. This study uses a juridical theoretical approach by analyzing various kinds of literature, both Islamic literature and other documents about the concept of Majlis Shura and Democracy. The primary materials are in the form of Al-Qur'an and Sunnah Studies and the book Asy Shura fi al-Kitab wa as-Sunnah wa 'inda Ulama al-Muslimin by Prof. Dr. Muhammad bin Ahmad bin Salih ash-Salih. Then analyzed by reducing the data then concluded. The results of this study explain the basic concept of Shura in Islam, the urgency of the concept of Shura and the conditions for becoming a member of Shura and the similarities and differences between the concept of sura and democracy. The conclusion of this study is that shura and democracy are not the same, because shura is a method that originates from Rabb al-Basyar (Rabb of mankind), namely Allah, while democracy is the fruit of thought from weak humans which of course cannot be separated from deficiencies.]]>
<![CDATA[The Analysis of Legal Protection for the Practice of Adding Watermarks in Graphic Design Products ]]>
<![CDATA[Muhamad Noval Arahman]]>;
<![CDATA[Fifiana Wisnaeni]]>
<![CDATA[ Law Development Journal Vol 5, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.1.91-99
<![CDATA[. Intellectual Property Rights (IPR) is born from an individual's recognition of his intellectual abilities, so that each of his works is directly attached to the creator. A work of art can be created by anyone, especially activists in the art world such as singers, writers, designers, photographers and so on. In its development, creators always find the latest variations and innovations for work. These innovations can be of various kinds and can result in good or bad, can harm other parties or not harm other parties. In one's profession a Graphic Designer always produces graphic design work that develops every year and follows market demand. The protection of graphic design products is also carried out by several owners, those who understand the Copyright Law must register their products with the Directorate General of Intellectual Property Rights by following the existing procedures. But on the other hand, there are also some copyright owners who do not register, but instead provide watermarks or watermarks in their works. This study aims to provide an understanding for those who carry out watermarking actions by using juridical and normative methods by prioritizing library-based legal research whose sources come from secondary data which is then applied to the core problem of this research, namely Watermarking in Graphic Design which focuses on the legal protection of the parties. This research provides an understanding of how the act of affixing a watermark gets legal protection according to Act No. 28 of 2016 concerning Copyright]]>
