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Yusuf Wisnu Mandaya
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Faculty of Law Sultan Agung Islamic University Magister of Law, 2nd Floor Imam Asy Syafei Building, Faculty of Law, Sultan Agung Islamic University Jl. Raya Kaligawe Km. 4 Semarang
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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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Legal Review of Regulations Regarding Online Begging on Social Media Based on the Siyasah Fiqh Perspective Simanungkalit, Diva Aulia; Pasaribu, Ilhamsyah
Law Development Journal Vol 5, No 3 (2023): September 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.3.%p

Abstract

This research aims to understand how online beggars develop on social media, find out how fiqh siyasa views online beggars on social media based on legal reviews in dealing with social problems. The method applied in this compilation is a normative-empirical approach which has descriptive-analytical characteristics, that is, it uses a method related to applying normative legal provisions (laws) to every event that occurs in society. Then an analysis of the data obtained is carried out systematically to obtain answers. Based on the research results, the government implements policies aimed at preventing and dealing with online beggars by issuing legal regulations. These policies include preventive and repressive measures. This policy is expected to prevent and reduce the development of beggars both online and offline, as well as encourage the productivity of beggars in society.
The Annullment of a Marriage Due to Death in a Polygamous Situation Rochadi, Daffanza Azriel; Sulastri, Sulastri
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.564-582

Abstract

. Marriage is a legal and religious bond between a man and a woman. In positive law in Indonesia, a marriage must be registered to gain legal recognition. However, there are many cases where marriages are carried out without being registered, especially polygamous marriages. This article examines the legal consequences of polygamous marriages when one of the partners dies. In the literature study conducted, it was found that many polygamous marriages red for various reasons, such as bureaucratic obstacles, not understanding the importance of registration, or deliberately avoiding registration to avoid legal consequences. However, when one of the partners dies, problems arise, especially regarding inheritance rights and the status of children from the marriage. Under existing law, unregistered marriages can be annulled. However, the annulment of marriages that have been broken up due to death has become a polemic. This is because the bereaved spouse often faces difficulties in accessing their rights, such as inheritance and child custody. This article recommends the importance of education regarding marriage registration and changes in regulations to protect the rights of surviving spouses in polygamous marriages.
Reformulation of Expert Qualifications in the Indonesian Criminal Justice System (A Comparative Study between Indonesia, the United States, the United Kingdom, and Australia) Attidhira, Safira Widya
Law Development Journal Vol 6, No 1 (2024): March 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.1.53-63

Abstract

This research aims to compare the regulations regarding experts in advanced countries such as the United States, the United Kingdom, and Australia, to then be used as examples for reformulating expert standardization in Indonesia. This study employs a normative juridical method using secondary data consisting of primary legal materials related to experts and secondary legal materials, such as international journals and books. The approach used in this research includes conceptual, legislative, and comparative approaches with other countries. The results of the study show that the United Kingdom has Civil Procedure Rules that extensively regulate the rights and obligations of experts, while the United States has the Federal Rules of Evidence, which also specifically regulate the qualification standards for experts. In Australia, regulations related to experts have been established in the Evidence Act 1995 and Federal Court Rules 2011, which often discuss the code of conduct for experts in court. This research concludes that Indonesia needs to adopt more detailed regulations regarding experts in the criminal justice system, starting with the creation of a code of conduct containing requirements to become an expert, the rights and obligations of experts, and the mechanism for the process of providing expert witness testimony. However, it is not sufficient to stop there; there must be encouragement from the authorities to ensure that this code of conduct is read and understood by prospective experts. Additionally, there should be standards for qualifications, experience, and the mechanism for providing testimony due to the lack of credibility and reliability of an expert presented in court.
The Criminal Law Policy in Eradicating Corruption Crimes Sagimo, Sagimo
Law Development Journal Vol 4, No 4 (2022): December 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.4.585-595

Abstract

This study aims to identify and analyze criminal law policies in eradicating corruption. This study uses a socio-juridical legal approach and the specifications in this study include analytical descriptive. Based on the results of the study, it shows that criminal law policies in eradicating corruption against perpetrators of corruption carry out several stages in accordance with statutory regulations, namely examination, investigation, investigation and prosecution. Efforts are being made to prevent corruption by means of comprehensive efforts or policies as well as overall administrative reform in the form of privatization, deregulation and decentralization. In addition, facilitation efforts through the TP4D program and through the Civil and State Administrative fields are ways and solutions in an effort to prevent budget leaks which result in losses to state finances. Obstacles to law enforcement against perpetrators of corruption are the complexity of corruption cases, time constraints, the intensity of inspections by limited functional supervisory apparatus, the spread of corruption cases through public policies, and the factor of the relatively low level of public legal awareness. The solution in overcoming obstacles to law enforcement against perpetrators of corruption is the procurement of personnel who have quality as prosecutors in the field of special crimes (corruption crimes), holding special education for assigned prosecutors and technical mastery of special criminal investigations.
Implementing Effective & Efficient Security Service Management in Mining Company Santoso, Joko; Mulyono, Nur Budi
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.515-521

Abstract

Security in a business, especially in the mining industry, is a paramount necessity for the company's sustainability. The assurance of security is also a determining factor for a company's productivity in carrying out its activities. Therefore, the management of an effective and efficient physical security system is required to support the company's operations in producing and gaining profits. The ultimate goal of security management is the creation of a conducive situation that can minimize threats, disturbances, obstacles, or challenges that disrupt a company's operations. In the day-to-day operations of an organization that manages a physical security system, it must undoubtedly have an effective and efficient organizational structure. Its existence should serve as a guideline for security personnel themselves as well as for users or stakeholders in a company, thus ensuring effectiveness and efficiency as per expectations. In this research, the researcher will conduct a study on the effective management of the security division's organizational structure during the transition from permanent employees to outsourcing or contract employees in the mining industry sector. In the ongoing transition process, the researcher has identified gaps in various stages, including planning, communication, implementation, and development. Therefore, there is a need for improvisation on what has been done. By conducting qualitative research, security managers in mining companies will receive guidance and guidelines based on the research when undergoing the transition from permanent security personnel to outsourcing, while still adhering to the security rules and standards of mining companies in Indonesia and globally. The recommendations from this research emphasize the need for a Needs Analysis and Risk Assessment by security managers when undergoing the transition process. This involves a comprehensive identification of the core tasks and functions of a security officer in a mining company, thus gaining a clear understanding of the quantity, qualifications, and types of skills required for contract or outsourcing employees in the mining company.
The Ruling on Having Intercourse with a Wife who has Completed Her Menses but has not done the Obligatory Ghusl according to Imam Abu Hanifah Ramadhan, Alif Randi; Pasaribu, Ilhamsyah
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.687-699

Abstract

The purpose of this study aims to analyze the opinion of imam Abu Hanifah regarding the opinion of having sex with a wife who has finished her period but has not taken the obligatory bath. The type of research used is library research, with qualitative analysis methods using data in the form of verses of the Qur'an and hadith in various books of interpretation that contain related information. In this case, the author selects the data to be included in the writing according to the existing rules so that it can be easily understood regarding the sequence of the data to be analyzed using interpretation, through the data by using the rules of fiqh, while in analyzing the data collected through deductive and inductive methods, to implement the problem of menstruation when taking the opinion of imam Abu Hanifah based on the Qur'an and hadith. The conclusion of this research is the opinion of Imam Abu Hanifah that if the husband wants to have intercourse with his wife who has finished menstruating but has not taken a bath, it is permissible to have sexual intercourse even though he has not had time to take a janabah bath. The most important thing is that the blood has really stopped and does not come out again according to the conditions that have been determined. This research is expected to contribute to increasing understanding of the importance of understanding the relationship between wife and husband in the household. The findings of this study can be a reference for related parties, including family members, communities and educational institutions in realizing a good family.
Copyright Protection for Digital Painting Commercialized by Brands without Artist Permission Hadi, Zakia Tabita; Suherman, Suherman
Law Development Journal Vol 6, No 1 (2024): March 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.1.163-179

Abstract

The continuous development of digital art has tremendous impacts and also presents challenges for creators. The most frequent problem is art plagiarism. Easy internet access has made it easier for strangers to copy or even steal art for their own gain, leading to rights violations for the creator. This challenges the concepts of copyright and cyberspace, merging these two concepts into one concept, which is digital copyright. This paper compared digital copyright protection in Indonesia to that of the Digital Millennium Copyright Act of 1998 (DMCA) using a descriptive-analytical methodology. A normative jurisprudence approach was utilized in conjunction with secondary data for the study. According to the study's findings, digital copyright protection continues to prioritize physical objects over digital ones.
A Legal Review about “Demi Kita Program”: The Concept and Its Application for Indonesia Families Bahrudin, Nurbaiti; Purnamasari, Linda; Putriani, Ananda; Hapsari, Nia Puspita; Sajali, Munawir
Law Development Journal Vol 6, No 3 (2024): September 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.3.313-325

Abstract

"Demi Kita" is the first edu-web platform or portal in Indonesia that focuses on empowering and strengthening the capacity of prospective couples and families to have the spirit of continuous learning. This research aims to conduct an in-depth study related to the concept of the "Demi Kita" program as an effort to strengthen family institutions. After that, the description related to the "Demi Kita" program is reviewed using a normative or legal approach. The type of research used in this study is Normative Legal Research with a legal approach (based on norm research). The data collection techniques used in this study are interviews and documentation. In addition, the researcher used literature studies. The data analysis used in this study is a qualitative descriptive analysis. The results of this study inform that “Demi Kita” is the first edu-web platform or portal in Indonesia that focuses on empowering and strengthening the capacity of prospective couples and families to have the spirit of continuous learning. The use of the latest technology is used to increase the effectiveness of the program in supporting family education. The goals and programs of “Demi Kita” are in accordance with the purpose of marriage, which is to form a happy and eternal family. As according to the marriage law and several legal scholars related to the meaning of marriage. In addition, marriage law in Indonesia, along with related regulations, provides a strong basis to support programs for our sake. Namely lifelong education for families, increasing family capacity, establishing partnerships in family planning programs, and improving the skills of extension workers and field officers.
The Legal Risks for Investors Due to Market Manipulation in the Cryptocurrency Market Fajar, Rahula; Sugiyono, Heru
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.430-442

Abstract

This study aims to explore the intricate legal landscape surrounding the cryptocurrency market in Indonesia, specifically addressing the prevalent challenges and risks of market manipulation. The writing method is anchored on a comprehensive examination of primary, secondary, and tertiary legal resources, including pivotal legislations such as the Capital Market Regulation (UUPM) and various other Indonesian laws. Furthermore, a library research technique has been employed, drawing from a broad spectrum of theoretical studies, past literature, and expert opinions to provide a holistic understanding of the subject. The novelty of this study emerges from its specialized focus on market manipulation within the rapidly evolving context of the Indonesian cryptocurrency realm. This focus differentiates it from more generic studies on cryptocurrency, offering tailored insights and recommendations for the Indonesian scenario. Based on the research undertaken, we conclude that Indonesia's strategic and proactive legal measures, coupled with the inherent advantages of regulated cryptocurrency platforms, play a pivotal role in countering market manipulation risks. For the practical application of these findings, it is imperative for Indonesian policymakers and regulatory entities to sustain an adaptive approach, ensuring continuous monitoring and timely updates to the legal frameworks. This adaptability guarantees their resonance with the ever-shifting paradigms of the cryptocurrency domain. Additionally, the research underscores the significance of robust investor education initiatives and advocates for a synergistic collaboration between regulatory bodies, cryptocurrency platforms, and the broader investor community. Such collaborative efforts are instrumental in nurturing a transparent, secure, and resilient cryptocurrency environment in Indonesia, setting a benchmark for similar emerging markets globally.
Juridical Analysis of the Application of the Presumption of Innocence in Criminal Investigation Simonda, Paulus Kostan; Muhibbin, Moh.
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.631-642

Abstract

This study aims to determine the application of the presumption of innocence in the examination of criminal offenses. The type of research used is descriptive normative, with a statute approach, historical approach, conceptual, case and specific research. The results of this study indicate that the recognition of the presumption of innocence in the criminal procedure law applicable in our country contains two purposes. First, the provision aims to provide protection and guarantees to a human being who has been accused of committing a criminal offense in the process of examining a case so that his human rights are still respected. Secondly, these provisions provide guidance to officers to limit their actions in conducting examinations of suspects/defendants because they are human beings who still have the same dignity as those conducting the examination. One of the obstacles in the investigation process is that there are investigators who have not acted professionally in conducting investigations, resulting in actions that are contrary to the presumption of innocence.

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