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Yusuf Wisnu Mandaya
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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 Analysis of Return Orders Not Delivered to Destination by Couriers from the Perspective of the Compilation of Sharia Economic Law (Case Study in Tanjung Pura District) Nurhidayati, Nurhidayati; Hasanah, Uswatun
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.6.1.134-148

Abstract

In e-commerce transactions in the marketplace application, courier obligations must be ensured to be realized properly, the issue of returning goods (return) in the world of e-commerce is not uncommon. Researchers found a situation where the return occurred because the ordered goods were not delivered to the destination by the courier, and asked the buyer to pick up the order himself, the buyer who did not agree to cause the ordered goods to be returned back to the seller, so the research with the title "Legal Review of Return Orders Not Delivered to the Destination by Couriers from the Sharia Economic Law Compilation Perspective" with the object of couriers and users in Tanjung Pura District is important to analyze the law of the situation where the order is returned because the courier does not deliver the order to the agreed address, Researchers found the results in the Compilation of Sharia Economic Law Article 85 concerning Handover of Goods which explains that the place that has been determined to receive the goods is the place where the courier must deliver the ordered goods, if the courier breaks the promise, at the end of changing the place of receipt of the goods, the buyer has the right to cancel the contract, then in the Compilation of Sharia Economic Law in Article 36 concerning Mislead, in this case the party who does not fulfill his obligations can be subject to sanctions.
The Consumer Protection Efforts through the Inclusion of Non-Halal Information on Food Products Hamonangan, Josafat; Sakti, Muthia
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.252-265

Abstract

Indonesia, the largest Muslim-majority country, requires a substantial amount of food to meet the needs of its population. This research examines efforts to protect consumers through the inclusion of non-halal information on food products. The study focuses on the regulatory framework, including the Consumer Protection Law, Law No. 33 of 2014 on Halal Product Assurance, and relevant regulations in Indonesia. It aims to analyze how including non-halal information contributes to protecting consumer rights concerning food products. Employing a juridical-normative approach, the research utilizes literature review and interviews. The findings underscore the importance of transparency regarding the halal status of products for consumers, with the inclusion of non-halal information serving as a protective measure for consumer rights. It reaffirms the business actor’s responsibility to provide such information on products not meeting halal standards. The study reveals that regulations mandating the inclusion of non-halal information can uphold the right to information for Muslim consumers. Should consumer rights remain unmet, individuals retain the option to seek legal recourse through civil, criminal, and administrative avenues. This research contributes to comprehending consumer protection practices concerning the halal status of food products in Indonesia. It lays the groundwork for policy enhancements and raising producer awareness of consumer rights in the context of halal food products.
Legal Analysis of the Regulation of Legal Liability for Violations of the Law by Motorized Vehicle Owners Purwantono, Rivan Achmad; Gunarto, Gunarto; Tri Bawono, Bambang
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.5.3.344-357

Abstract

Based on the provisions of Article 14 in PP No. 18 of 1965 which regulates the liability of motorized vehicle owners in Indonesia, its implementation to date has not been fully realized. This is due to the complexity of the legal subjects responsible for the implementation of these provisions, which causes injustice to motorized vehicle owners. In certain situations, vehicle owners are not involved in an accident at all, as the vehicle is under their control. The core cause of this problem lies in the vagueness of the applicable regulations, which do not explicitly distinguish between individual and collective responsibility for traffic accidents. Therefore, research was sought to reconstruct the relevant norms, rules and regulations so that the implementation of Article 14 in PP No. 18 of 1965 can be carried out effectively. Several other regulations, including but not limited to Act No. 22 of 2009 and related regulations, have accommodated provisions regarding traffic law violations and accidents comprehensively. The results show that there was injustice for motorized vehicle owners because the accident did not occur when the vehicle was under their control. The arrangements in other regulations also indicated that the party who must be responsible for a traffic accident is the driver of the vehicle that caused the accident, regardless of his status as a vehicle owner or not. This phenomenon occurred due to the failure to clearly separate individual and collective responsibility for traffic accidents in the context of Article 14-PP No. 18 of 1965. In an effort to achieve balanced and accurate legal justice, it is necessary to revise and improve the relevant regulations to ensure a balance in the determination of responsibility in traffic accident cases.
The Assistance (Medeplichtige) by Children Leading to the Occurrence of Criminal Acts Prameswari, Athalie Aisyah; Harefa, Beniharmoni
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.5.4.583-599

Abstract

This study is related to a case of assault in which the parents of the victim are prominent figures in GP Ansor. The research examines the form of complicity in the criminal act of assault committed by the underage individual, the minor AG. This research is based on the fact that legal protection relating to children in conflict with the law (ABH) has not been implemented properly. The novelty in this research is the explanation of the legal protection provided to all children who provide assistance in cases of abuse. In order to guarantee all children's rights, including children in conflict with the law, to live, grow, develop and participate optimally in accordance with human dignity, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System was created. Normative juridical is used in this research through a statutory approach, using secondary data sources supported by primary and secondary legal materials. The results of the research show that according to the results of Court Decision Number 4/Pid.Sus-Anak/2023/PN.JKT.SEL which has permanent legal force, AG's child's role as a child who assists in criminal acts of abuse is appropriate, however the decision given judged by the judge to be inappropriate. Reviewing various aspects along with existing laws and regulations, it would be more appropriate to impose a second subsidiary sentence, namely Article 353 Paragraph (2) of the Criminal Code (KUHP) juncto Article 56 2nd of the Criminal Code, which reduces the sentence for AG Children, is the best choice.
Legal Construction of E-Commerce Income Tax in Online Marketplace: Withholding Tax System Mechanism Narwadi, Made Wiswarupa; Sadnyini, Ida Ayu
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.6.1.64-75

Abstract

This legal research aims to answer several legal issues, namely the implications of the emptiness of income tax law with a withholding tax system for online marketplace-based e-commerce and the formulation of income tax legal construction with a withholding tax system for online marketplace-based e-commerce. This study uses normative legal research with an emphasis on conceptual approaches, theories, statutory regulations and the opinion of the author. The research results show that the implications of the vacuum of income tax laws with a withholding tax system for online marketplace-based e-commerce have resulted in suboptimal income tax revenues from online marketplace-based e-commerce business activities. Business actors in the online marketplace do not receive legal protection in the form of convenience in terms of tax administration, which can have an impact on the payment of income tax from business activities in the online marketplace not being optimal in the future. Formulation of future regulations for withholding income tax on online marketplace-based e-commerce using an analogous legal construction method, namely regulating the withholding or collection of income tax as well as the collection of Value Added Tax (VAT) on e-commerce which prioritizes the role of marketplace providers as VAT collectors.
The Medan City Drainage Development Policy Review of Al-Maqashid Sharia Theory Maulana, Riski; Suparmin, Sudirman
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.5.3.287-300

Abstract

Policy is something that is urgent as a determinant of whether or not the impact will be caused. So that in making a policy, in-depth analysis is needed and attention to various aspects that will intersect with the policy. The drainage development policy in Medan city has raised many questions and complaints from the people directly affected by this development policy. In fact, a policy taken by the government should be able to bring benefits as intended by Maqashid Sharia theory. This research aims to analyse the implementation of the drainage system development policy in Medan city as an effort of flood mitigation program in Medan city area, using Maqashid Sharia theory in order to see the aspect of benefit or even harm caused by the existing policy. This research is a juridical-emperical research by using the concept of statue approach and case approach, this research also uses triangulation technique in analysing the existing data. The conclusion that can be drawn from this research is that there are still many things that must be considered in the process of developing the drainage system in Medan City. When viewed from the perspective of Maqashid Sharia theory, the Medan city government, in this case, which has full authority over the drainage development policy in Medan city, still overrides many aspects. Starting from Hifzh an-Nafs and Hifz al-Mal as a form of safeguarding the rights that should be owned by the community and the public in general.
Manulak Sere Tradition in Traditional Marriage in Tanjung Botung Village Padang Lawas Regency According to Compilation of Islamic Law (KHI) Perspective Nasution, Mahdi; Pasaribu, Ilham Syah
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.5.4.531-552

Abstract

Tradition is a set of values, beliefs, beliefs and symbols that guide human behavior in realizing ways of life. Marriage is one of the religious orders for someone who is able to carry it out immediately. The Mandailing community is one of the North Sumatra groups that maintains traditional social customs today including the Manulak Sere tradition. Researchers want to examine how the Compilation of Islamic Law actually views the community tradition regarding the Manulak Sere tradition.  What is the reason why the people of Padang Lawas, especially in Tanjung Botung Village, carry out the Manulak Sere tradition even though in Islamic Law it is not recommended. Furthermore, how is the KHI review of the Manulak Sere tradition in marriage. In the perspective of the Compilation of Islamic Law (KHI), the Manulak Sere tradition does not contradict the nash in the Qur'an and Hadith. However, the Manulak Sere tradition carried out in the Padang Lawas community, especially Tanjung Botung Village, is the Compilation of Islamic Law (KHI) Shahih. This tradition has no conflict with Islamic law. The people of Padang Lawas, especially Tanjung Botung Village, carry out marriage ceremonies in accordance with Islamic law. However, they also cannot abandon customary law, which their ancestors have practiced since ancient times. So it is clear that: Islamic law and customary law both get their respective portions. The implementation of this tradition is not considered by the community as a valid requirement for marriage according to Islam.
The Political Representation of Minority Group "Ugamo Malim" in Toba Samosir Simanjuntak, Gabriel Panahatan; Perdana, Aditya
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.5.4.700-712

Abstract

In formal politics, one of the main issues that is often discussed is the lack of adequate political representation for minority groups. This also has an impact on the emergence of inequality in political policies which affects their level of welfare. This research will discuss the presence of political representation of the "Ugamo Malim" or Parmalim community in the electoral contestation in Toba Samosir Regency in 2009. Representation in this case refers to the presence of someone as a representative of this minority group in the legislative institution through the general election process. Through research using a qualitative approach, this article shows how the political representation of the Parmalim minority community is realized in formal institutional structures and the impact of the presence of Monang Naipospos as a political representative on the Parmalim community. In realizing political representation, it is carried out through a sociocultural approach to attract public sympathy. The presence of Monang Naipospos has had a significant impact as a political representative of minority groups on the Parmalim community itself, as evidenced by improvements to educational facilities for the children of the Parmalim community.
The Cross-border Insolvency Provision as Ius Contituendum of Bankruptcy Act of Indonesia Andrian, Andrian; Lie, Gunardi
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.180-199

Abstract

The lack of cross-border insolvency regulation in Indonesia is an issue that hasn't been resolved until now. Borderless business patterns that developed continuously resulted in the promulgation of cross-border insolvency regulations becoming increasingly urgent. Even more, Indonesia as a member state of ASEAN must be fully aware that currently there is a process of economic integration in ASEAN as outlined in the ASEAN Economic Community Blueprint. In consequence, harmonious cross-border insolvency regulations are needed. Philippines, Singapore, and Myanmar already had cross-border insolvency regulation through the adoption of the UNCITRAL Model Law on Cross-border Insolvency while Indonesia still stuck to territorialism approach, not only in cross border insolvency proceeding, but also in civil proceedings in general. Indonesia has to synchronize civil code, civil procedural code, international civil code, and bankruptcy code to create legal certainty in bankruptcy law system. Therefore, in this article writing, there are several approaches that will be used, namely the comparative approach and statutory approach, with the research method of normative juridical. The objectives to be achieved in this article are to construct the lack of cross-border insolvency regulation in Indonesia and to describe cross-border insolvency regulation and practices in Philippines, Singapore, and Myanmar. At the end of this article, there is a recommendation to the Indonesian Government to immediately regulate cross-border insolvency in Indonesia, either by adoption of Model Law or by mutual agreement with certain countries.
The Obligations of Children toward Parents According to Law No.1 of 1974 Indriani, Sekar; Ja'far, Hasbullah
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.5.4.443-457

Abstract

This research aims to determine the obligations of children to parents in Jama’ah Forum Kopi Hikam in Sei Musam Village, Kec. Batang Serangan, Kab. Langkat based on Law No.1 of 1974; the application of obligations to parents in Jama’ah Forum Kopi Hikam. This research is empirical juridical research, using a legal sociology approach. Primary data sources were obtained by interviewing the Jama’ah Forum Kopi Hikam. The results showed that the Jama’ah Forum Kopi Hikam have not shown their obligations towards parents and some people also still do not fully carry out their obligations towards parents due to the absence of underlying knowledge. They think that just maintaining it shows that the service to parents has been carried out. However, this has not been fully fulfilled, and it is emphasized in Islamic law that the degree or position of parents takes precedence, and also the obligation to care for parents must still be carried out. In the view of Law No. 1 of 1974, children are obliged to respect their parents, obey their wishes and be responsible for all the needs of their parents, even if the parents are well-off. Because every child until he becomes an adult or is married, is still obliged to respect, obey and be responsible for the needs of parents. In other words, the obligations between children and parents are reciprocal, namely both parents are obliged to maintain and educate their children as well as possible until the child is married or can stand on his own and while a child is obliged to respect parents and obey their good wishes. When a child is considered an adult, they have obligations according to their abilities towards their parents and family.

Page 30 of 42 | Total Record : 414

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