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 Authority of the Police in Issuance of Music Performance Permits as Efforts to Control Security and Order ]]>
<![CDATA[Dian Rahayu Windyastuti]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.368-373
<![CDATA[Aim This study is to determine and analyze the regulatory procedures for issuing music stage permits, the authority of the National Police in issuing permits for music performances as an effort to control security and order and factors inhibiting Polri's authority in issuing permits for music performances as an effort to control security and order. This study uses an empirical juridical approach. The conclusion of this research is about the Procedure for Issuance of Music Performance Permits, namely; The applicant brings the requirements (photocopy of ID card and musical performance record, then the officer provides a Community Service Accountability Statement, Environmental Permit Statement, Location Permit Statement, after completing a Music Performance Permit issued by the Chief of Police, which is then submitted to the permit applicant. . the authority of the National Police in issuing permits for music performances as an effort to control security and order. Provide permits and supervise public crowd activities and other community activities, Fostering the community to increase community participation, public legal awareness and obedience to the laws and regulations of the community, Maintain orderliness and ensure public safety. factors inhibiting the authority of the National Police in issuing musical performances as an effort to control security and order. There is a music stage permit that has not extended or does not make a Performance Recommendation, The time for a sudden permit application should be 7 (seven) days before the activity or event takes place, When the environmental permit statement is not approved by the environment around the location of the event]]>
<![CDATA[The Community Law Compliance with Marriage Age Limitation Provisions ]]>
<![CDATA[Wahab, Abdul]]>;
<![CDATA[Khisni, Akhmad]]>
<![CDATA[ Law Development Journal Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.4.799-807
<![CDATA[The objectives of this research are to find out and analyze the community's legal compliance with Act No. 16 of 2019 concerning the Provisions on the Marriage Age Limit and the inhibiting factors for the implementation of Act No. 16 of 2019 concerning the Provisions on the Marriage Age Limit as well as efforts to overcome obstacles to the implementation of Act. This study uses a sociological juridical approach, with descriptive research specifications. The results of this study are Community Legal Compliance with Act No. 16 of 2019 concerning Provisions on Marriage Age Limits, where it is known that public legal awareness of underage marriage is relatively low, where some of the people who already know these rules still register their children's marriages. Inhibiting factors include: First, there are still people who do not know the contents of the policy. Second, there are still people who do not know the benefits. The third is the lack of success of the goal of the law in question is to reduce the rate of marriage at a young age. Efforts to overcome for the prospective bride and groom who have not reached the age of 19 years, their parents/guardians are requested to apply for a Marriage Dispensation to the Religious Court in the area where they live.]]>
<![CDATA[The Process of Investigation on Criminal Currency ]]>
<![CDATA[Beni Aji]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.504-510
<![CDATA[The objectives of this study are as follows: To identify and analyze the investigation process of currency crimes. To find out and analyze obstacles to the process of investigating currency crimes. To find out and analyze solutions to overcome barriers to the investigation of currency crimes. The method used by researchers is juridical sociological approach to law and The specifications in this research are descriptive. Based on the results of that research The process of investigating currency crimes actions in the form of: (a) arrest; (b) Detention; (c) Confiscation of evidence; (d) Witness examination; (e) Examination of the suspect (f) Then a discussion is conducted in the form of case analysis and juridical analysis; (g) Making a resume by the assistant investigator/investigator and then drawing a conclusion. The obstacles are: First, the lack of coordination between law enforcement officers. Second, the weakness of investigations against perpetrators who are categorized as perpetrators. Third, investigations currently carried out by investigators are limited to the perpetrators who destroyed rupiah banknotes, resulting in difficulties in fulfilling the subjective element, namely mens rea. Solutions include: a) Overcoming crimes committed by the Indonesian National Police for destroying rupiah banknotes. b) Regional and international police cooperation can be carried out through Interpol, other government agencies or directly. ]]>
<![CDATA[Public Services in Election of Regional Chairman ]]>
<![CDATA[Evy Yuliati]]>;
<![CDATA[Widayati Widayati]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.19-29
<![CDATA[The purpose of this article is to describe the form of implementation or public services in regional head elections. This problem is related to several related theories, such as constitutional law theory, democratic law theory, people's sovereignty law theory. This article also discusseslaw and public policies implemented in the elections in Indonesia. MethodThe research used in writing this article is a type of normative legal research. The results of the study indicate that legal theory and public policy are needed in Indonesia. This is done as a basis for implementing democratic practices. The form of implementing laws in constitutional theory is that the KPU establishes KPU Regulations and KPU Decrees in the implementation of Pilkada and provides solutions to problems of implementing law that are contrary to KPU regulations. The mechanism is if there is a PKPU which is deemed contrary to the Election Law, then the examination will be carried out at the Supreme Court in accordance with the provisions in Article 9 paragraph (2) of Act No. 12 of 2011. The implementation of the theory of democratic law in Indonesia is by holding general elections to elect leader, starting from the regional level to the national level. These activities are carried out in order to realize the government system that the people want. The implementation of the theory of popular sovereignty in the Pilkada is the determination of the victory of a candidate for regional head which is determined based on the number of valid votes based on applicable law. The theory of sovereignty also contributes to implementing a democratic system through the principles of people's sovereignty. The conclusion from this research is that the theories that play a role in the implementation of the Pilkada include the theory of democracy, the theory of the constitution, and the theory of people's sovereignty. The three theories are interrelated to support the implementation of Pilkada in accordance with democratic principles. In addition, there are three levels of public policy, namely macro, meso, and micro public policies.]]>
<![CDATA[Criminal Action of Cosmetics Without License in Conception of Legal Expression ]]>
<![CDATA[Lutfi Anindita]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.148-153
<![CDATA[The purpose of this study is to determine and analyze the investigator's authority to handle the distribution of cosmetics without a permit in the construction of the legal system. To find out and analyze the implementation of Article 197 in conjunction with Article 106 paragraph (1) subside Article 196 in conjunction with Article 98 paragraph (2) and paragraph (3) of Act No. 36 of 2009 concerning Health in the conception of legal certainty. The approach method used in the preparation of this legal writing is to use a sociological juridical approach, namely seeing the law as human behavior in society.The specification of this research is descriptive analytical. Based on the results of that research The authorities of investigators to handle the unauthorized distribution of cosmetics in the construction of the legal system include: to receive reports or complaints from someone about the existence of a criminal act; take the first action at the scene; order a suspect to stop and check the suspect's identification; carry out an arrest, detention, search and confiscation; carry out inspection and confiscation of letters; take fingerprints and take a picture of a person; summon people to be heard and examined as suspects or witnesses; bring in the necessary experts in connection with the case examination; to terminate the investigation; take other action according tolaw responsible. Implementation of Article 197 in conjunction with Article 106 paragraph (1) subsidiary to Article 196 in conjunction with Article 98 paragraph (2) and paragraph (3) of Act No. 36 of 2009 concerning Health in the conception of legal certainty it is very appropriate to receive appropriate punishment because actions are very detrimental to the wider community both from an economic, social, and cultural perspective.]]>
<![CDATA[Role Of Public Prosecutors In Corruption Crime Prosecution ]]>
<![CDATA[Agung Nugroho Santoso]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.198-204
<![CDATA[The aims of this study are as follows: To identify and analyze the role of the Public Prosecutor in prosecuting defendants for corruption. To find out and analyze the efforts that will be made by the Public Prosecutor if the decision handed down by the Judge of the Corruption Court is not in accordance with the demands of the Public Prosecutor. The approach method used in this study is a sociological juridical research method. The specifications in this study are analytical descriptive. Based on the results of this study, the role of the Public Prosecutor in Prosecuting Defendants of Criminal Acts of Corruption, namely the public prosecutor in carrying out prosecutions for criminal acts of corruption has been sufficient to prove the fulfillment of the elements of criminal acts of corruption that were violated by the defendant as a result of the actions committed. Starting from the investigation, prosecution, legal action which then if it already has permanent legal force, the prosecutor's office as in making charges against criminal acts of corruption is regulated in Article 137, Article 139 and Article 143 of the Criminal Procedure Code as well as Act No. 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. Indonesia, thus giving confidence to the judge that the defendant's actions had violated the criminal provisions he was charged. Examination of the Cassation Level for Legal Interests (Article 259 of the Criminal Procedure Code). Review of Court Decisions that have Permanent Legal Force (Article 263 of the Criminal Procedure Code).]]>
<![CDATA[Legal Construction on Training Ship Management Belongs To Human Resources Development Of Transportation (BPSDMP) Based On Dignity Justice Value ]]>
<![CDATA[Wahyu Wibisono]]>
<![CDATA[ Law Development Journal Vol 1, No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.1.1.39-46
<![CDATA[President of the Republic of Indonesia, Joko Widodo stressed that in the coming year human resource development is a key priority in the government program (Nawacita) and focused on three things; positive character development, improvement of access, quality of education, development and match the link between industry and vocational education, one of them by adding a nautical school educational facilities with their training ship. Six (6) training ship construction started in December 2015 and completed in stages over two years to finance multi-year state budget until 2019. And finally Human Resources Development Of Transportation (BPSDMP) Ministry of Transportation in coordination with the Minister of maritime has ordered six (6) units training ship cadets that each measure approximately 1200 GT (Gross Tonnage) with a capacity of 300 people, which is built in harbor and the domestic industry by PT Steadfast Marine Pontianak. Coordinating Minister of Maritime also said that with the training ship would be easier for BPSDM to improve the quality of education Midshipman cruise who were taking education time official the country especially in the field of shipping, including also can help private schools and shipping academy that did not have a training ship for come to enjoy it. So the hope is able to bring high quality graduates and proud when recruited at the national and international shipping companies.Keywords: Legal Construction; Training ship Management; Dignity Justice.]]>
<![CDATA[A Legal Assistance In Criminal Action Trial Process ]]>
<![CDATA[Akhmad Mufasirin]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.346-352
<![CDATA[The purpose of this study was to analyze the form of legal aid in the criminal trial process. To analyze the forms of legal assistance provided by the Legal Aid Institute for victims. To analyze the obstacles to legal aid in the criminal trial process and its solutions. The method used by the researcher is a sociological juridical approach and the specifications in this study include analytical descriptive. Based on the results of the research that the form of legal assistance in the criminal trial process is to accompany the suspect/defendant at every level of examination, especially the level of prosecution and trial of criminal acts, so that human rights are guaranteed, during and after the trial and seek diversion of criminal cases so that the perpetrators of criminal acts get their rights. The forms of legal assistance that can be provided to victims by LBH, in the criminal justice process, start from assistance carried out when the victim starts reporting the case to the police until the case is decided in court. Constraints: In practice, the provision of legal aid that has been applied is only limited to the provision of legal aid as mandated by Article 56 of the Criminal Procedure Code. In the appointment of legal counsel for the Defendant based on the mandate of Article 56 of the KUHAP in the event that the Defendant is incapacitated who is threatened with a sentence of five years or more who does not have his own legal advisor, Judges often make stipulations on the appointment of legal counsel without knowing in advance whether the defendant is economically capable or not. Solution: Provide information on Posbakum services for the Defendant in the District Court. In this case, this can be done by placing an information board on the Posbakum service in front of the District Court Detainee or by providing a pamphlet containing information on the Posbakum service in the detention room.]]>
<![CDATA[Investigation Process on Criminal Actions of Corruption of Village Fund ]]>
<![CDATA[Siswo De Cuellar Tarigan]]>;
<![CDATA[Sukarmi Sukarmi]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.77-84
<![CDATA[The purpose of this research To analyze processes investigation of the corruption crime of village funds in Tasikmalaya Regency, which encountered in investigating the corruption crime of village funds in Tasikmalaya Regency, To analyze what solutions investigators took in overcoming obstacles encountered in investigating criminal acts of village fund corruption in Tasikmalaya Regency. The approach method used is juridical normative and juridical socio-logical method, the specifications in the research are descriptive analytical, population and sampling methods are all objects or all symptoms or all events or all units to be studied, data collection techniques use literature study and interviews, data analysis used is qualitative. Research results: Proses investigating the corruption crime of village funds in Tasikmalaya Regency with the existence of a report, the Police carried out a series of investigative actions to find and find an event that was suspected of being a criminal act of corruption in order to determine whether or not an investigation could be carried out in a manner regulated by law. After an investigation is carried out and a criminal act of village fund corruption is found, it is upgraded to an investigation, namely a series of actions by the investigator in terms and according to the manner stipulated in law to seek and collect evidence, which with this evidence makes clear about the criminal act of fund corruption, village that happened and in order to find the suspect. The investigation process extended detention, searches and confiscations. Obstacles faced in carrying out criminal investigations at the Tasikmalaya Police: The suspect did not provide clear information, the witness's statement did not support the implementation of the investigation and the evidence to be submitted was incomplete. Efforts made in overcoming obstacles are as follows: The suspect must provide honest and clear information to the investigator regarding the sequence of events and objects of the criminal act of corruption and where it can be used as evidence to reveal criminal acts of corruption in village funds, Witnesses must be able to cooperate with investigators in provide honest and complete information, making it easier for investigators to uncover criminal acts of village fund corruption, Investigators must be able to find and collect evidence, at least 2 (two) pieces of evidence.]]>
<![CDATA[The Policy For Handling Criminal Acts Of Insult/Hate Speech Or Damage Through Internet ]]>
<![CDATA[Didik Sudarmadi]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.481-487
<![CDATA[The purpose of this study is to find out and analyze the legal policy of the Information and Electronic Transactions Law (ITE) on the handling of criminal acts of defamation via the internet in Indonesia, to find out the obstacles to handling it. This study uses a sociological juridical approach, with analytical descriptive research methods. The results of the study conclude that crime prevention efforts need to be pursued with a policy approach, in the sense that there is an integration between criminal politics and social politics and there is an integration between penal and non-penal crime prevention efforts. The obstacle faced by law enforcement officers today is how to capture cybercrime perpetrators in relation to the provisions of the applicable criminal law. Law enforcement officers are faced with difficulties in determining the qualifications of crimes given the difficulty of finding evidence. As well as solutions for resolving criminal defamation cases through electronic social media at the Indonesian Police in two ways, namely through penal facilities (repressive activities after the occurrence of a crime) and non-penal means, in the form of counseling for preventive actions.]]>
