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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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The Reflecting the Value of Legal Certainty in the Conviction System for the Criminal Act of Bribery Hadi Prayitno, Ahmad
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.5.4.643-658

Abstract

The perpetrator of assisting bribery in a succession of criminal acts holds a significant role, which has legal implications that necessitate thorough and conclusive investigations into those who assist in bribery. In looking at the position of perpetrators of assisting bribery, the ambiguity of Article 15 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption has had a major impact on the rechtsvacuum in the criminal conviction system in bribery criminal policies. Through a normative method, this article's investigation reveals that convictions in bribery cases extend beyond only the active and passive perpetrators. Evidently, individuals who abet on bribery cannot be disregarded. Moreover, the ambiguity of the rules regarding assisting bribery, Article 15 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, has created a rechtsvacuum in terms of convicting those involved in bribery cases. This scenario unequivocally leads to ambiguity in enforcing criminal penalties for bribery assistance perpetrators.
Law Enforcement against Cardsharing Perpetrators in Distributing Smartcard Private Keys on Television Services Aribowo, Wahyu Wasono Dyan; Purwoleksono, Didik Endro; Suheryadi, Bambang
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.6.1.149-162

Abstract

The cybercrime has become popular case of which is serious enough for public and the law enforcers do not aside from badness happened at broadcasting service of satellite telecast subscribes to. Till now still require much business which is permanent ossified to finalize the case, this because of more and more and badness modus operandi complex world to be illusory especially by using or through internet as does cardsharing. Equally this term named “an authorized access to computer and service" causing is drawn explains its (the crime characteristic is thought to lay open this badness required expertise and experience of in information technology science. This study aims to know the law enforcement against cardsharing actors in distributing smartcard private keys on television services. The method uses normative research methodology with a qualitative approach. The data used is secondary data based on various reliable and verified sources, including scientific journals, books, online articles, and research reports relevant to the topic under study. Data analysis was carried out in three stages, namely data reduction, data presentation, and conclusion drawing. Based on the research concluded that cardsharing is an illegal activity so that criminal offenses can be imposed under Law No.36 of 199 concerning Telecommunications or even Law Number 19 of 2002 concerning Copyright. After the formation of the ITE Law, which is used as a reference for sanctions imposed on cardsharing offenders on the internet is Article 48 paragraph (2) of the ITE Law and for those who facilitate cardsharing actions, article 50 of the ITE Law applies which regulates criminal sanctions of imprisonment and / or fines with a greater criminal threat.
The Legal Protection on Consumers of E-Commerce Transactions in Indonesia Daud, Edward Zeth; Suyanto, Heru
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.6.2.266-278

Abstract

As time progresses, people's lives are starting to be influenced by developments in information technology, including in the field of trade, where buying and selling transactions that can be carried out using the internet are known as electronic commerce or e-commerce for short. However, in its implementation it is necessary to pay attention to consumer protection. The method that will be used in this research is an empirical normative legal approach. The results of this research show that the form of legal protection for consumers in e-commerce transactions has been regulated based on the provisions of statutory regulations which have been contained in Law No. 8 of 1999 concerning Consumer Protection (UUPK), then in purchasing and selling transactions, although carried out online, based on the ITE Law and PP PSTE, it is still recognized as an electronic transaction that can be accounted for through an electronic contract. Legal protection for consumers due to default in electronic transactions is by providing compensation, compensation, and/or services received or utilized that are not in accordance with the agreement. Based on regulations regarding the responsibility of business actors, the actions of business actors must refer to the principles of responsibility in law.
The Innovative concept and Issues Concerning the Non-Custodial Sentence in Nigerian Criminal Justice System Oaihimire, Idemudia Edetalehn; Aidonojie, Paul Atagamen
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.5.3.358-379

Abstract

It is apt to state that the challenges currently encountered in the Nigerian criminal justice system, is that the Nigerian correctional centers are densely populated with awaiting trial suspects and in a highly deplorable condition. In a renewed effort to attend to the Nigerian correctional centres' appalling state, the National Assembly enacted the Administration of Criminal Justice Act (ACJA) 2015 and the Nigerian Correctional Services Act (NCSA) 2019. These laws are meant to promote the efficient management of the criminal justice system and to address issues (such as a non-custodial sentence) that were not hitherto covered under the repealed Nigerian Prisons Act, in line with the internationally accepted standards. However, despite the innovation brought by these laws, there are some challenges affecting its smooth implementation. It is in this regard, that this study tends to embark on a hybrid method of study in ascertaining the relevance of non-custodial sentences in Nigeria's criminal justice system laws and its challenges. Questionnaires were sent to 327 of respondents, descriptive and analytical methods were used in analyzing the data generated. The study, therefore, found that the introduction of a non-custodian sentence has greatly enhanced the Nigerian criminal justice system. Although, there are several challenges (such as; the discretion of the judges, lack of facilities for the successful enforcement of non-custodial sentences, and corrupt practices) mitigating against its smooth implementation. It was therefore concluded and recommended that embracing non-custodial sentencing will reduce prison reception and minimize the enormous government resources in maintaining the prison infrastructure and the prisoners. In this regard, there is a need for a redress of the challenges mitigating the smooth application of non-custodian sentences in Nigeria's criminal Justice System.
The Validity of Power of Attorney Burdens the Rights of Liability in the Auction of Dependants' Rights Pratomo, Bobby Hindratno; 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.5.4.600-609

Abstract

Right of Liability is a security right imposed on land rights as referred to in the Basic Agrarian Law. An authentic deed is an act done in the form required by law. One of these authentic deeds is the Power of Attorney to Impose Dependent Rights (SKMHT), if there is a forgery related to SKMHT in the dependent rights auction process that can cause the cancellation of the dependent rights auction, it needs to be questioned how strong SKMHT is before the law. This type of research is normative juridical research with the theory of legal certainty. Making SKMHT carried out by notaries is required to comply and obey legal provisions which are bound by making authentic deeds as stated and regulated in the Law on Rights of Dependents. The making of SKMHT is bound to certain requirements and forms that have been stipulated in laws and regulations. If certain requirements and forms are not fulfilled, then in accordance with the Explanation to Article 15 paragraph (1) of Law 4/1996, such a "power of attorney" is "null and void". In the case of the auction process, the execution of dependent rights must be complete, both materially and formally, to be able to carry out the auction execution process. Therefore, with the non-fulfillment of the objective conditions mentioned above, unlawful acts in the process of conducting this auction can be used as a basis for canceling the auction because it is null and void
Law Enforcement against Distance between Minimarkets in the Protection of Micro Businesses in Medan City Perspective of Maslahah Mursalah Maharani, Maharani; Permata, Cahaya
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.%p

Abstract

There are many minimarkets in Medan City that do not fulfill the provisions on minimarket distance. So that it is very impactful on micro businesses in Medan City. The purpose of this study is to determine the impact of law enforcement on minimarket distance on micro businesses in Medan City and to determine law enforcement related to minimarket distance in Medan City based on the perspective of Maslahah Mursalah. This type of research is empirical juridical, living case studies approach, conceptual, and statute approach. Data is collected through observation, interviews and document studies. Data is processed using qualitative methods with deductive thinking logic. The results show that the impact experienced by micro businesses with the presence of minimarkets makes micro businesses experience a decrease in turnover. With the mushrooming presence of minimarkets, the competitiveness of micro businesses increases in addition to competing with fellow micro businesses must also compete with minimarket businesses, what's more the distance between minimarket that are too close and even next to each other makes micro businesses experience a decrease in turnover in significance.
Handling of IPR Violations at the Regional Office of the Ministry of Law and Human Rights of North Sumatra Lubis, Tiva Novianti; Khalid, Khalid
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.5.3.301-314

Abstract

Indonesia is the country with the largest population in the world. Of course, there are many cases and violations that occur, one of which is related to intellectual property, where everyone who creates a work certainly has the right to his work if it is registered. However, until now there are still many intellectual property owners who forget or even do not register their work. This is a major factor in the occurrence of intellectual property violations in Indonesia, especially due to the lack of understanding of the importance of registering intellectual property. This is what then attracts the author's attention to be able to examine and learn more about how the handling of IPR violations within the Regional Office of the Ministry of Law and Human Rights of North Sumatra. This research uses normative-empirical research methods using two approaches, namely the statute approach and the case approach. The conclusion obtained is that the law enforcement efforts carried out by the Regional Office of the Ministry of Law and Human Rights of North Sumatra are by conducting cooperation activities in the form of seminars, socialisation, and visits to every region in North Sumatra, in order to provide guarantees of legal certainty for owners of Intellectual Property Rights (IPR) and provide supervision of potential intellectual property violations in each region of North Sumatra.
Legal Standing Of Statement Letters In Proofing Cases Of Joint Property (Civil Case Study Number: 390/Pdt.G/2021/PA.Psp) Pulungan, Nina Arnita; Syahnan, Mhd; Siregar, Ramadhan Syahmedi
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.5.3.404-418

Abstract

This research aims to describe the position of the Statement Letter in Proving Joint Assets at the Padangsidimpuan Religious Court (Civil Case Study Number: 390/PDT.G/2021/PA.PSP) based on the Subekti Theory of Evidence and the Theory of Justice according to Islamic views. The type of research used is normative juridical with a qualitative approach method. Data collection techniques were carried out using observation, interviews and documentation techniques. The data analysis technique applies the theory of Miles, Huberman, & Saldana (2014). The results of this research are based on the theory of Evidence according to Subekti, that Evidence is to convince the judge about the truth of the argument or arguments put forward in a dispute. Thus, Parwit Simamora, who has submitted a statement letter, has promised the judge the truth of what he has stated in the letter through the answers ]he has submitted. So the panel of judges gave consideration and assessed that the position of the statement letter was proof of commencement which must be supported by other evidence. Meanwhile, the other witnesses who wrote the statement were not present in court to provide evidence, so they could not promise the judge what was stated in the statement because they did not fulfil the judge's invitation to appear in contradiction to stating their evidence so that the judge considered the position of the statement was not can be used as initial evidence as an initial backup or clue to the object of the case.
Return of Sinamot Money from the Perspective of Al'adatu Muhakkamah (Analysis of the Decision of the Padangsidimpuan City Religious Court Number 129/Pdt.G/2015/PA.Psk) Baskoro, Bayu; Fatimah, Fatimah; Khalid, Khalid
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.6.1.1-17

Abstract

This paper is a study on the return of sinamot money in the decision of the Religious Court by examining based on the perspective of the fiqh rule Al'adatu Muhakkamah, which examines the reality that the lawsuit for the return of sinamot money submitted to the Padangsidimpuan City Religious Court, by the Panel of Judges was partially returned, with considerations that contain justice, certainty and legal benefits and cannot be separated from the consideration that custom is the law "al-adatu muhakkamah". Marriage dowry in Mandailing and Batak customs is generally known as Sinamot/Tuhor, referred to as Sinamot or Marhata Sinamot because it is a sale and purchase between the male party (paranak) and the female party (parboru) or it can also be said to be a dowry. Marhata Sinamot is one of the traditional events at the wedding and aims to explore the extent of the burden that can be shouldered by both parties, namely the male and female parties, so that the marriage can be carried out. In the Compilation of Islamic Law, Article 1 letter d states that dowry is a gift from the prospective groom to the prospective bride, whether in the form of goods, money or services that are not contrary to Islamic law, in line with this in chapter V of the Compilation of Islamic Law from Article 30 to Article 38 all discuss dowry with the provision that the dowry belongs to the wife after being given by the husband, but interestingly Article 35 paragraph 1 regulates that a husband who divorces his wife qobla al dukhul is obliged to pay half the dowry determined in the marriage contract. However, the reality in the decision of case 129/Pdt.G/2015/PA.Psk in the case of a divorce suit with a counterclaim for a full return of the dowry, but the Panel of Judges partially granted it with the consideration that after the marriage the Plaintiff and the Defendant had never had conjugal relations and the Plaintiff's status was still a girl, so the judge did istinbath law using the qiyas method of Article 35 paragraph (1) of the Compilation of Islamic Law for the case of a divorce suit. In addition, the judge's consideration also prioritizes customary law in the Mandailing indigenous community. In the customs of the mandailing community, if the marriage does not take place but the sinamot money has been given, and the cause is from the prospective husband, the sinamot money is considered forfeited, but if the cause is from the woman, she is obliged to return the sinamot money in full or larger. The decision of the Religious Court has provided justice, certainty, and legal benefits for the parties by deciding to grant in part, because part of the sinamot money has been used for the benefit of the party. with this decision, it is very wrong to say that customary law and positive law intersect, because in various conditions customary law and positive law work hand in hand to realize legal objectives in the frame of court decisions. Exploring the law that lives in the midst of the community where the parties are litigating is important, considering that society and custom are two things that cannot be separated. Society has lived with customary law even long before positive law existed, so the correlation between the two is a requirement for a quality decision from the perspective of sociological considerations. This research is expected to be an academic study among legal practitioners and academics, that customary law, positive law and Islamic law can work together to realize legal goals.
The Comparative Analysis of Consumer Protection Regulations in E-Commerce Transactions in Indonesia, Singapore and Malaysia Najati, Fia Agustina; Mashdurohatun, Anis
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.6.2.200-213

Abstract

Consumer protection for e-commerce transactions is a crucial thing that needs to be considered, starting from regulations, institutions, to implementation. It cannot be denied that consumer protection in Indonesia is not a priority for the government. This can be seen from outdated regulations, overlapping institutional authority, and ineffective implementation of law enforcement. Therefore, reform is needed by conducting comparative analysis between countries, for example with Singapore and Malaysia. The research method uses normative-comparative juridical research with a macro comparative approach. The research specifications used by the author are analytical descriptive and data sources through literature reviews using primary, secondary and tertiary methods. For data collection techniques, the author uses the library search technique. The research results showed that each regulation in each country has advantages and disadvantages, both in regulation and implementation. In Indonesia itself, regulations and their implementation still have many problems and need to be updated, especially in e-commerce (online) transactions. By updating these regulations, law enforcement can be strengthened and its implementation can be effective. Thus, preventing and reducing things that are detrimental to consumers and business actors.

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