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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 Sabotage in The Election Campaign Sulistyowati, Sulistyowati; Maharani, Dewi Nadya; Maharaja, Gusti Bintang; Manoppo, Hanifa Putri
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.6.2.214-225

Abstract

Campaign problems occur throughout the election from year to year, resulting in unrest in public opinion. Manipulation to sabotage is carried out to bring down legislative opponents of other candidate pairs that cause elections to occur haphazardly and override the correct campaigning provisions under the law. The emergence of sabotage carried out to seek the popular vote during the campaign casts doubt on the existence of clean and safe elections. Parties that should be considered neutral during the campaign until the election show their support for one of the competing legislative candidate pairs, which makes the neutrality of certain parties doubtful during the election. The occurrence of a haphazard campaign can damage the image of the election in the eyes of the public by realizing the view that campaigns and elections are meaningless as long as the ruling party uses its power to create a good image for one candidate as a competitor. Efforts to prevent dirty campaigns can be started by stopping sabotage carried out by supporters or candidates themselves to weaken opponents' voices armed with campaign Education and minimize the spread of false news during the campaign. Law enforcement should be maximized. The rules must be perfected.
The Juridical Review of Death Penalty Imposition in Indonesia Seen From a Human Rights Perspective Neves, Angelo
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.4.4.566-573

Abstract

Pancasila is the source of all sources of law, including criminal law. The meaning of Pancasila mustanimating the goals of criminal law. In other words, apart from having to reflect Pancasila, criminal purposes must also be implemented with the spirit and soul of Pancasila. Indonesia is one of the countries that consistently enforces capital punishment in its national law amidst the debate over the existence of capital punishment. The pros and cons that always arise regarding the death penalty are nothing but always associated with violations of human rights. The application of capital punishment by the State through a court decision means that the State takes away the convict's right to life which is a human right that cannot be restricted (non-derogable) in nature. Therefore its application must pay attention to the human rights of convicts. The purpose of this study is to determine the death penalty for the perpetrators of crimes, whether or not it conflicts with human rights and the criteria for imposing capital punishment for perpetrators of crimes that do not conflict with human rights. The method used is a normative juridical approach using secondary data. It can be concluded that the imposition of capital punishment is contrary to human rights and the determination can be justified on the basis of defending human rights and only for crimes that are beyond humanity.
The Quo Vadis Weaknesses in the Corruption Law Enforcement Ayu, Hanuring; Dwi, Itok; Harjono, Harjono
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.5.4.471-483

Abstract

The purpose of this study is to determine the Law Enforcement Arrangements for Corruption in Positive Law in Indonesia, and analyze the weaknesses of law enforcement of corruption in Indonesia. The method of approach used in this research is normative legal research. The results of this study are the weaknesses of law enforcement in Indonesia, including the weaknesses of legal substance, namely the existence of the principle of differentiation in the Criminal Procedure Code, many articles are multi-interpreted so that legal certainty is not guaranteed. The weakness of legal structure is the overlapping authority between law enforcement agencies in investigating corruption crimes. The weakness of legal culture is the existence of a legal culture of compromise, peace, patrimonial values and the attitude of the people who consider corruption cases as a breeze and ignorance of the law enforcement procession.
The Polygamy Concept in the Qur'an Perspective Abdullah, Abdullah; Lala, Andi
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.5.4.667-673

Abstract

Polygamy, the marriage practice in which a man has more than one wife, has become a controversial topic debated in various societies, including in the context of religious teachings. This research aims to explore the Qur'anic perspective on polygamy and its implications for Muslim individuals, families, and communities. Through analysis of verses from the Qur'an relating to polygamy, this research highlights the legal aspects, conditions, and objectives of this practice within the framework of Islamic values. The research results show that the Qur'an permits polygamy with strict provisions, emphasizing the need for fair treatment of the wives one has. Although the Qur'an gives permission, this research emphasizes that polygamy should not be considered as a primary option, but rather as a last solution in certain circumstances. By highlighting the moral and social responsibilities inherent in men who choose polygamy, the Qur'an emphasizes the importance of maintaining balance and justice in domestic life. This study contributes to a deeper understanding of the Qur'anic view of polygamy, discussing the dimensions of ethics, justice, and responsibility in the context of the Islamic family and society. Thus, this research seeks to present a richer view of polygamy as a complex aspect of life, embodied in deep Islamic values.
Legal Dynamics in the Digital Era: Navigating the Impact of Digital Transformation on Indonesian Society Nainggolan, Bernard
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.5.4.714-728

Abstract

Legal philosophy provides an important foundation in understanding the basic principles of law, such as justice, freedom and responsibility. By taking these ethical values into account, legal rules can be formulated that ensure the protection of society's rights and interests in the face of rapid technological change. Through an in-depth study of primary and secondary legal sources, this research describes legal phenomena related to digital transformation in Indonesia by utilizing primary legal materials, especially related laws, to understand the legal basis on which laws are formed in the face of digital transformation. Legal philosophy plays an important role in articulating the concept of justice in the legal system. This concept is a guide for making laws that must develop along with the development of society. In the context of digital technology development in Indonesia, the importance of progressive regulations is crucial. These regulations must provide clear guidelines for the use of digital technology to ensure that the benefits can be obtained while the negative impacts can be minimized. Thus, legal philosophy becomes an important basis in creating legal conditions that are in line with current developments. Legal philosophy brings a deep understanding of the concept of justice and how this concept should be reflected in the applicable legal system. By considering philosophical values and principles, it is hoped that the legal system can achieve nobler goals and provide protection and prosperity for the entire community.
The Implications in Implementation of the Acquisition of TikTok Shop with Tokopedia based on Regulation of Business Law in Indonesia Riani, Maulina Desita; Untoro, Untoro
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.6.2.285-292

Abstract

On 4 October 2023, TikTok announced that it had closed buying and selling transactions on the TikTok Shop platform. This decision was taken in response to the Minister of Trade Regulation (Permendag) Number 31 of 2023 concerning Business Licensing, Advertising, Guidance, and Supervision of Business Actors in Trading through Electronic Systems which was recently enacted. The legal research method used in this research is normative juridical research which is research carried out 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 quantitative data analysis. The results of this research are now TikTok Shop is running as usual by cooperating with Tokopedia, which has a marketplace licence and is still incorporated in the same application on 12 December 2023. The merger of the two companies raises the possibility of a potential monopoly in the E-commerce industry, as these two companies are two big players or companies in this industry that control most of the E-commerce market share in Indonesia, so that it can make players or E- commerce in Indonesia more competitive. So to overcome this, TikTok needs to apply for a business licence as a marketplace that is separate from its social media application to the Ministry of social media application to the Ministry of Trade, so that the position of the two applications stands on its own to prevent unfair business competition in the E-commerce industry and protect MSMEs and personal data leaks.
Legal Method for Determining the Beginning of the Month of Ramadhan and Other Months According to the Rules of Hisab and Ru’yatul Hilal in Islamic Astronomy Pramita, Leni
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.5.3.391-403

Abstract

Determining the start of the months of Ramadhan and Shawwal in the Hijriyah calendar is similar to determining the start of other months, such as Sha'ban and others. However, determining the start of the months of Ramadhan and Shawwal is of great concern to Muslims because these two months have very special practices for Muslims. Obligatory fasting, which is observed once a year, is observed during the month of Ramadhan. Meanwhile, the Eid al-Fitr holiday, which falls at the beginning of the month of Shawwal, is also an important moment for Muslims. This research aims to determine the general method for determining the beginning of the months of Ramadhan and Shawwal, namely reckoning and Ru’yahul Hilal or ru’yah. The reckoning method is a method used to determine the start of fasting using mathematical and astronomical calculations. Meanwhile, ru’yah is a method of determining the start of Ramadhan and Shawwal based on observations of the moon. With this method, the crescent moon will be observed at sunset with the naked eye or optical aids such as a telescope. This type of research is empirical research and the research specifications in writing this thesis are descriptive which aims to explain the legal determination of the beginning of the month of Ramadhan and other months according to the Hisab & Ru’yahul Hilal method in Islamic Astronomy (Falak). The main data sources used in this research are secondary data in the form of; Primary Legal Materials; Secondary Legal Materials; and Non-Legal Materials (Tertiary). The results of the research show that there is a close relationship and complementary interrelationship in the hisab and Ru’yahul Hilal or ru’yah methods used in each of the major Islamic organizations which are the reference for the Ministry of Religion of the Republic of Indonesia in deciding laws which are an option for the community when there are differences. Because difference is a blessing.
The Role of Legal Certainty Theory in Realizing Corporate Accountability in Indonesian National Standardization Septyandi Terok, Doni Fanni; Suhartati, Suhartati
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.5.4.622-630

Abstract

Indonesian national standardization (SNI) is a set of technical requirements established by the National Standardization Council (DSN) to ensure the quality of goods, services, and processes. The rapid development of technology as it is today makes it easy for various imported goods to enter Indonesia at low prices. To guarantee quality, it is necessary to implement SNI, which is supported by Article 8 Paragraph (1) Letter a of Law Number 8 of 1999 concerning Consumer Protection which stipulates that business actors are prohibited from producing and/or trading goods that do not meet or are not in accordance with Indonesian National Standards (SNI). The purpose of this research is to analyze the role of legal certainty theory in realizing corporate liability in Indonesian national standardization (SNI). The research method used is qualitative with a descriptive approach, and data collection is done through literature study. The data collected was then analyzed through the stages of reduction, presentation, and conclusion drawing. The results showed that the theory of legal certainty has an important role in realizing corporate liability in the Indonesian national standardization (SNI). Legal certainty in Indonesian national standardization (SNI) can be realized through the application of clear, transparent, and consistent laws and regulations, as well as the application of strict and consistent sanctions.
The Urgency of Understanding Law No. 4 of 2023 for Capital Market Legal Consultants Rantesalu, Abraham Astral
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.6.1.111-125

Abstract

Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UUP2SK) was passed on January 12, 2023, aimed at strengthening the structure of the Indonesian economy, especially the financial sector. Capital market legal consultants have an important role in providing legal opinions for the public offering process and ensuring regulatory compliance. The purpose of this study is to explore the importance of understanding UUP2SK for capital market legal consultants, focusing on its role in ensuring regulatory compliance and improving service quality to clients. The research method used is the study of literature and analysis of related statutory content. The results show that a deep understanding of UUP2SK enables capital market legal consultants to provide better services to clients, as well as ensure compliance with new capital market regulations. The implication of this research is the importance of continuous training and professional development for capital market legal consultants in understanding and implementing UUP2SK effectively, thus supporting the integrity and stability of the Indonesian capital market.
The Discretion of Internal Prosecutor Apply in Article 2 & 3 for Law Eradication of Corruption Kirana, Imme; Khairani, Khairani; Mulyati, Nani
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.6.2.226-238

Abstract

The criminal act of corruption is the favorite as if it never gets old, precisely the term extraordinary crime corruption, in addition, the perpetrators of criminal acts of corruption are mostly legal subjects who play a role based on the authority they have. However, it is not uncommon for prosecutors to use the type of subsidiary charge in prosecuting them to determine Article 2 as the primary charge and Article 3 as a subsidiary charge, even though it is clear that the perpetrator has abused their authority and resulted in financial losses to the State. This is a concern for the author to research facultatively on charges of subsidiarity for violations of Article 2 and 3. In this research, the author uses a type of Normative Juridical research, namely legal research that is oriented to secondary data and refers to legal material sources such as Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. The results of the research explained that the type of subsidiary indictment by making Article 2 the primary indictment and Article 3 the subsidiary indictment is a form of prosecutorial discretion in eradicating criminal acts of corruption effectively and efficiently so that it is unlikely that the defendant will escape criminal responsibility. Furthermore, Article 3 is the systematic lex specialist of Article 2 of the Corruption Eradication Law, because in criminal acts of corruption, the element "against the law" is the genus, while "abuse of authority" is the species.

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