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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 Children's Responsibility toward Parents Deposited in Social Foundations in Review of Law No. 1 of 1974 Anggraini, Melinna; Syahmedi Siregar, Ramadhan
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.5.4.458-470

Abstract

This research aims to know that the obligation of a child is to be devoted to his parents including being responsible for the alimony of the care of both parents as mandated by Law No. 1 of 1974. This research uses empirical juridical research method with statutory approach and case approach. The results of this study prove that the care of parents by children in nursing homes due to the wishes of the parents themselves is makruh. The makruh law can change to haram, if the child after leaving his parents in the foundation, does not show good manners, such as relinquishing responsibility as a child. The law is permissible if the child does the entrustment for the good of the parents and the child still carries out the obligations and fulfills the rights of his parents who live in the nursing home. In the view of Law No. 1 of 1974 itself, children are obliged to take care of all the needs of their parents even though they are in a nursing home because this is an obligation of alimony of children to their parents.
The Weaknesses in Handling Fraud in The Capital Market Practices Suhanan, Aan; Gunarto, Gunarto; Mashdurohatun, Anis
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.5.4.659-666

Abstract

The weaknesses of the legal substance relating to the handling of fraud in the Capital Market practices are fundamentally contained in the substance of Law Number 8 of 1995 on Capital Market ("UUPM"). Law enforcement has actually become one of the focuses of attention from law enforcers, such as in the case of state losses incurred due to fraudulent acts in the capital market committed by Perusahaan Gas Negara (PGN) is included in the criminal act of corruption because it indicates the elements of corruption. Officials at State-Owned Enterprises (SOEs) who commit fraud in accordance with the provisions can be categorized as corruption. Corrupt practices in the financial markets that cost the state large amounts of money have not gone unnoticed. Internationally, there is currently an effort to mainstream the financial sector into the jurisdiction of anti-corruption laws. This study concerns on the weaknesses of substance, structure, and legal culture regarding the handling of fraud in the Capital Market practices which is still lacking to overcome fraud related to the practices of Insider Trading.
Intellectual Property Law in Bankruptcy Resolution Nainggolan, Bernard
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.3.4.863-874

Abstract

This research analysis the important role of Intellectual Property Rights (IPR) in the context of bankruptcy law and Postponement of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang/PKPU) in Indonesia. Articles in the Civil Code, such as Article 1233, as well as bankruptcy regulations regulate obligations and protection regarding company debt. Curators and company administrators play an important role in managing bankrupt company assets, including IPR. However, optimal management of IPR is often overlooked in bankruptcy resolution efforts, which should take into consideration the peace and continuity of the company's business. This research uses sociological or socio-legal methods. This method is a type of research that focuses on empirical-quantitative observation and analysis which focuses on collecting and examining secondary data, which is then followed by direct research on primary data obtained from the field or community. This research emphasizes the need for optimal recognition and management of IPR in the bankruptcy process to maximize the value of company assets and support financial recovery.
The Position of Joint Property After the Dissolution of Marriage According to Law No. 1 of 1974 and the Compilation of Islamic Law Rania, Rania; Sudiro, Ahmad
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.6.2.279-284

Abstract

Marriage is not only a personal or private matter, but has a social dimension that requires government involvement. According to Islamic law, marriage is an act of worship, so the protection of Muslims in carrying out worship through the implementation of marriage is contained in Article 28e paragraph 1 of the 1945 Constitution. Law No. 1 of 1974 concerning Marriage is a manifestation of the Indonesian state as a state of law The Marriage Law is contained in Article 2, namely, marriage is valid, if it is carried out according to the laws of each religion. In establishing legal policies in Indonesia, the government has made Islamic law part of national law through the Compilation of Islamic Law (KHI) In this case, Muslims in Indonesia use KHI as a legal basis in cases of marriage breakup, including the division of property in marriage. The legal research method used in this research is research normative juridical which is research conducted or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object under study. The data source used is secondary data with analysis quantitative data The position of joint property in marriage according to fiqh is not regulated, because in the Qur'an, hadith or fiqh books there is no discussion of joint property. property. The study of scholars about joint property has given birth to the opinion that joint property can be equated with shirkah, because the wife joint property can be equated with shirkah, because the wife can also be counted as a partner (partnership) who works, although the wife can also be counted as a partner (partnership) who works. (partnership) who work, although not participate in the work in the real sense
The Position of Customary (Adat) Lands in the Basic of Agrarian Law Sembiring, Shindy Suka Desy Putri; Mahfud, Muh. Afif
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.5.3.380-390

Abstract

Fundamentally, the society in Indonesia is tied to customary lands issues. That thought is as the unity of the evidence on comprehending the customary lands confession. It is believed by the indigenous people as the sources of their life support or as the marking of their identities. Thus, nowadays the status of customary lands becomes the needs of solving the customary lands issues which is supposed to concern and do the integrated approach based on policy sourcing from a clear and fair rules of law both on UUPA or other regulations. This research is aimed to first, acknowledge the right of customary lands in Indonesia, the second is to acknowledge the status of customary lands on the rules of law which is on basic agrarian principles. The method used in this research is normative approach that is a descriptive. The sources of the data are from primary and secondary law material. The data gathering technique is by using literature study and qualitative data analysis. The result of this research shows that the right of customary lands for Indonesian society is really admitted by the rules which are not written or based on the customary confession as well with the alive traditional right which the existence is admitted. The right of customary lands status on UUPA has been approved, but that approval is still followed by certain term and conditions.
Legal Protection for Women Victims of Revenge Porn Crimes Who Experience Victimblaming Kalia, Thifana Dewi; Kayowuan L, Kayus
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.5.4.610-621

Abstract

The concept of victim blaming is the justification of injustice by finding defects or faults in victims, in the concept of victim blaming women as victims who are blamed through words and sentences in media reports, women at one time are described as victims as well as triggers for rape that befalls them. In the case of revenge porn cyber-based sexual violence, the victim experiences losses that threaten mentally/psychologically as a result of the victimblaming that has been experienced by the victim, of course, the form of compensation in the form of material or money is inadequate if it is not accompanied by efforts to recover the victim's mentality. The type of research used by the author is normative juridical research, which is research that refers to research involving laws and regulations, court decisions, and legal practices in society. By using a statutory approach, a case approach. There is no specific law governing revenge pornography, but there are laws that can be alternatives to protect victims, such as: 1. Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, 2. Law Number 39 of 1999 concerning Human Rights, 3. Law Number 1 of 1946, 4. Law Number 19 of 2016 concerning Electronic Information and Transactions, 5. Law Number 44 of 2008 concerning Pornography, 6. Law Number 12 of 2022 concerning Sexual Violence
Responsibility of the Directorate General of Intellectual Property regarding The Passing Off Case Between Starbucks Coffee & Starbucks Cigarettes (Case Study 836 K/PDT.SUS-HKI/2022) Simbolon, Alum; Vonny, Vonny
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.6.1.94-110

Abstract

The aim of this research is to examine the responsibility of the Directorate General of Intellectual Property (DJKI) and to examine the considerations of the Panel of Judges regarding the brand passing off case between Starbucks Coffee and Starbucks Cigarettes based on Decision Number 836 K/Pdt.Sus-HKI/2022. DJKI's responsibility in cases of passing off brands has not been specifically regulated and written in a statutory regulation. However, DJKI has an obligation to comply with court decisions that have permanent legal force in brand cancellation lawsuits. Therefore, DJKI's responsibility for the case of brand passing off between Starbucks Coffee and Starbucks Cigarettes based on Decision Number 836 K/Pdt.Sus-HKI/2022 is to cancel the registration of the Starbucks Cigarette Brand with registration number IDM000342818 in class 34 owned by the Defendant, PT STTC from the Register Brand General. Furthermore, the considerations of the Panel of Judges in Decision Number 836 K/Pdt.Sus-HKI/2022 are in accordance with and were guided by Law No. 20 of 2016 concerning Brands and Geographical Indications. The Panel of Judges has determined PT STTC as the party found guilty of violating Article 21 section (1) letter c and Article 21 section (3) of the MIG Law as well as the Panel of Judges has also determined that the Starbucks brand owned by Starbucks Corporation is a well-known brand based on the criteria regulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 12 of 2021 concerning Trademark Registration.
Notary Liability When Committing Disgraceful Acts Islamianiati, Andina Arityas; Mahfud, Muh Afif
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.5.3.315-329

Abstract

Disgraceful acts are regulated in Article 9 paragraph 1 letter c of Act No. 2 of 2014 concerning the Office of a Notary. Disgraceful acts are degrading honor and dignity, such as gambling, drinking, using drugs and adultery. Meanwhile, disgraceful acts are those who have committed acts that are not in accordance with existing norms in Indonesia such as religious norms, decency and customs. The purpose of this research is to find out what are the types of dismissal of a notary and how is the responsibility of a notary who has committed a disgraceful act. The research method used is normative juridical research. The source of legal material used by the author is secondary data. The result of the research is that a Notary who is caught committing a violation of a disgraceful act as stated in Article 9 paragraph 1 letter C of Act No. 2 of 2014 Concerning Notary Positions, the board of trustees decides for the notary to be temporarily dismissed for 6 months based on the Notary Office Law.
The Punishments for Online Gambling according to Islamic Mass Ulama Solihah, Mar’atus; Syam, Syafruddin; Hafsah, Hafsah
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.5.4.553-563

Abstract

This research aims to describe punishments for online gambling according to islamic mass ulama. The type of research used in this research is a field research approach. The primary data in this research are the opinions of Ulama at the Islamic Community Organization Muhammadiyah and Nahdatul Ulama North Sumatra. And as secondary data, there is various literature in several books by several scholars Yusuf Al Qardhawi, Quraish Shihab, as well as other scientific works that support this research. The approach in this research also uses two approaches, namely the Statutory Approach and the Comparative Approach. The statutory approach (Statutory Approach) is carried out by analyzing and reviewing the legal regulations related to gambling sanctions, namely Law no. 7 of 1974 concerning Controlling Gambling, Article 303 bis Paragraph (1) of the Criminal Code, and Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions. The results of this study are the point of view of the Muhammaduyah Ulama of North Sumatra regarding punishments for online gambling perpetrators can be concluded that there are 3 punishments, namely; prison sentence, exile sentence and strict warning sentence. Meanwhile, according to the North Sumatra Nahdhatul Ulama Ulama, there are 2 punishments, namely Prison and Fine.
Martuppak Tradition in The Marriage of Mandailing Tribe in Pasaman District from The Perspective of Islamic Law Reski, M.; Hafsah, Hafsah; Tanjung, Dhiauddin
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.6.1.18-34

Abstract

This research is motivated by the Mandailing tribe in Pasaman Regency considers that the practice of the Martuppak tradition is a form of debt and credit that is carried out when they want to hold a marriage. Then in the practice of the Martuppak tradition there is an obligation for someone to pay back the money that has been given. This is the cause and effect of the Martuppak tradition practice system, there is a reciprocal relationship between the giver of tuppak money and the recipient of tuppak money. Martuppak is giving some money to someone or to the suhut and then must be returned based on the amount given with an additional amount of at most 10% and at least 1% (sincerely). Therefore, researchers are interested in researching the problem, as for the formulation of the problem in this study is first, how is the implementation of the Martuppak tradition at the Mandailing tribe community marriage in Pasaman Regency. Second, what are the views of religious leaders, traditional leaders and the people of Pasaman Regency about the Martuppak tradition, third, how is the legal analysis of the Martuppak tradition at the Mandailing tribe community marriage in Pasaman Regency in the perspective of Islamic law? The aims of this research is to find out how the implementation of the Martuppak tradition at the Mandailing tribe community marriage in Pasaman Regency. To find out how religious leaders, traditional leaders and the people of Pasaman Regency view the Martuppak tradition and to find out the legal analysis of the Martuppak tradition at the Mandailing tribe's marriage in Pasaman Regency in the perspective of Islamic law. The method used is field research using interview techniques, then the data is analyzed using qualitative descriptive analysis methods. From the results of the analysis that the author conducted on the data, it can be concluded that every debt and credit that contains benefits is usury, and everything that contains usury is forbidden. Therefore, the Martuppak tradition practiced by the Mandailing tribe in Pasaman Regency is included in debts and credits that contain benefits and the tradition is a fasid tradition.

Page 32 of 42 | Total Record : 414

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